i-10, r. 12 - Regulation respecting refresher training periods for forest engineers

Updated to 1 September 2012

This document has official status.

chapter I-10, r. 12

Regulation respecting refresher training periods for forest engineers

Forest Engineers Act

(chapter I-10, s. 4).

Professional Code

(chapter C-26, s. 94, par. j).

DIVISION I GENERAL PROVISIONS

1.01. This Regulation is made under paragraph j of section 94 of the Professional Code (chapter C-26).

R.R.Q., 1981, c. I-10, r. 11, s. 1.01.

1.02. In this Regulation, unless the context indicates otherwise,

(a)  “training period” means a refresher training period contemplated by this Regulation;

(b)  “trainee” means a forest engineer required to serve a training period;

(c)  “tutor” means a forest engineer responsible for verifying whether a training period or part thereof complies with the objectives and procedures fixed by the board of directors.

R.R.Q., 1981, c. I-10, r. 11, s. 1.02; O.C. 730-86, s. 1.

1.03. The Interpretation Act (chapter I-16) applies to this Regulation.

R.R.Q., 1981, c. I-10, r. 11, s. 1.03.

DIVISION II TRAINING PERIOD

2.01. The board of directors may, if it considers that the level of competence of a member does not meet the standards required for the protection of the public, oblige a forest engineer to serve a training period where:

(a)  his name is entered on the roll more than 5 years after he has obtained his permit or more than 5 years after the date on which he was entitled to the issuance of such permit;

(b)  his name is re-entered on the roll after failing to be entered thereon for more than 5 years;

(c)  his name is re-entered on the roll after having been struck off for a period of more than 5 years;

(d)  he is the subject of a recommendation to that effect by the professional inspection committee or the disciplinary council pursuant to section 113 or 160 of the Professional Code (chapter C-26);

(e)  he has served a training period which, in virtue of section 2.10, is not considered to be in conformity with the objectives and the terms and conditions determined by the board of directors.

R.R.Q., 1981, c. I-10, r. 11, s. 2.01.

2.02. A training period may not be prescribed more than 90 days from the time when a forest engineer is liable to be required to serve it.

R.R.Q., 1981, c. I-10, r. 11, s. 2.02.

2.03. A training period may in particular consist of one or more of the following activities:

(a)  a practical training period;

(b)  studies;

(c)  courses;

(d)  research work.

R.R.Q., 1981, c. I-10, r. 11, s. 2.03.

2.04. A training period may not exceed 1,000 hours, nor extend over a period of more than 12 consecutive months.

R.R.Q., 1981, c. I-10, r. 11, s. 2.04.

2.05. The board of director’s decision to oblige a forest engineer to serve a training period must specify the objectives, duration and terms and conditions of that training period.

R.R.Q., 1981, c. I-10, r. 11, s. 2.05.

2.06. The board of directors shall determine the place and time when the training period will be held and, where necessary, designate one or several tutors.

R.R.Q., 1981, c. I-10, r. 11, s. 2.06.

2.07. A tutor shall submit a report to the board of directors within 5 days after completion of his mandate stating, with reasons in support thereof, whether the trainee has acted, while under his supervision, in conformity with the objectives and terms and conditions determined by the board of directors.

R.R.Q., 1981, c. I-10, r. 11, s. 2.07.

2.08. The trainee or his tutor may be required to submit additional reports to the board of directors on the dates determined by the latter.

R.R.Q., 1981, c. I-10, r. 11, s. 2.08.

2.09. The tutor must also send the trainee a copy of the report that he submits to the board of directors pursuant to section 2.07 or 2.08.

R.R.Q., 1981, c. I-10, r. 11, s. 2.09.

2.10. After the examination of each report required under sections 2.07 and 2.08, the board of directors shall decide at the first meeting following receipt of such reports whether a training period has complied with the objectives and procedures fixed therefor.

R.R.Q., 1981, c. I-10, r. 11, s. 2.10; O.C. 730-86, s. 2.

DIVISION III RESTRICTION OF PROFESSIONAL ACTIVITIES

3.01. The board of directors may, if it considers necessary for the protection of the public, restrict the trainee’s right to practise during all or part of the training period, in any of the following ways:

(a)  by determining when and where he is authorized or, on the contrary, he is not authorized to practise;

(b)  by determining the professional capacity in which he is authorized or, on the contrary, he is not authorized to act;

(c)  by requiring that the professional acts that he is authorized to perform or certain professional acts be performed under the supervision of another forest engineer or group of forest engineers.

R.R.Q., 1981, c. I-10, r. 11, s. 3.01.

3.02. The board of director’s decision to restrict a trainee’s right to practise must be sent to his employer, where applicable.

R.R.Q., 1981, c. I-10, r. 11, s. 3.02.

DIVISION IV DECISIONS OF THE BOARD OF DIRECTORS

4.01. Before prescribing a training period, restricting a trainee’s right to practise or deciding that a completed training period did not comply with the objectives and procedures fixed therefor, the board of directors shall give the forest engineer in question an opportunity to be heard. For such purpose, the board of directors shall give the forest engineer notice in writing of at least 5 clear days of the date of the hearing.

R.R.Q., 1981, c. I-10, r. 11, s. 4.01; O.C. 730-86, s. 3.

4.02. Any decision prescribing a training period, restricting a trainee’s right to practise or ruling on the validity of a completed training period shall be in writing, with reasons, and shall be sent to the forest engineer in question by registered or certified mail.

R.R.Q., 1981, c. I-10, r. 11, s. 4.02; O.C. 730-86, s. 3.

4.03. The board of director’s decision prescribing a training period or restricting a trainee’s right to practise shall take effect 30 days after being sent to or served on the latter.

R.R.Q., 1981, c. I-10, r. 11, s. 4.03.

4.04. During the training period, the board of directors may, following a duly reasoned request by the trainee transmitted to his tutor, reduce the duration and requirements of the training period and, where applicable, reduce the conditions of restriction of the trainee’s right to practise.

R.R.Q., 1981, c. I-10, r. 11, s. 4.04.

4.05. A forest engineer is required to comply with every decision of the board of directors rendered in accordance with this Regulation.

R.R.Q., 1981, c. I-10, r. 11, s. 4.05.

REFERENCES

R.R.Q., 1981, c. I-10, r. 11

O.C. 730-86, 1986 G.O. 2, 1038

S.Q. 2008, c. 11, s. 212