I-8, r. 17 - Regulation respecting the procedure for conciliation and arbitration of accounts of nurses

Updated to 1 September 2012

This document has official status.

chapter I-8, r. 17

Regulation respecting the procedure for conciliation and arbitration of accounts of nurses

Nurses Act

(chapter I-8, s. 3).

Professional Code

(chapter C-26, s. 88).

DIVISION I DEFINITIONS AND INTERPRETATION

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

(a)  “Order” means the Ordre des infirmières et infirmiers du Québec;

(b)  “secretary” means the secretary of the Order;

(c)  “nursing care professional” means a nurse;

(d)  “council” means the council for the arbitration of accounts constituted under Division III;

(e)  “syndic” means the syndic, assistant syndic or one of the corresponding syndics of the Order.

R.R.Q., 1981, c. I-8, r. 10, s. 1.01.

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

R.R.Q., 1981, c. I-8, r. 10, s. 1.02.

DIVISION II CONCILIATION

2.01. The syndic shall send a copy of this Regulation to every person who so requests.

R.R.Q., 1981, c. I-8, r. 10, s. 2.01.

2.02. A client who has a dispute with a member of the Order with respect to the amount of an account for professional services must, before seeking arbitration, apply for conciliation by the syndic in sending him by registered or certified mail an application in the form prescribed in Schedule 1.

R.R.Q., 1981, c. I-8, r. 10, s. 2.02.

2.03. The application for conciliation must be sent before the day on which the action for a claim concerning the account contested is served by the nursing care professional upon the client.

R.R.Q., 1981, c. I-8, r. 10, s. 2.03.

2.04. Within 10 days from the date on which he receives the application for conciliation, the syndic shall send the nursing care professional a copy of such application by service in accordance with the Code of Civil Procedure (chapter C-25) or by registered or certified mail.

R.R.Q., 1981, c. I-8, r. 10, s. 2.04.

2.05. The syndic shall proceed with the conciliation in the manner he considers most appropriate.

R.R.Q., 1981, c. I-8, r. 10, s. 2.05.

2.06. For the purposes of the conciliation, the syndic may call for any document relative to the account contested from the nursing care professional or the client and obtain from them the information that he needs. The nursing professional must cooperate with the syndic in that regard.

R.R.Q., 1981, c. I-8, r. 10, s. 2.06.

2.07. The syndic shall send a report of his conciliation to both parties as soon as possible and not later than 30 days from the date of receipt of the application for conciliation.

R.R.Q., 1981, c. I-8, r. 10, s. 2.07.

2.08. Where the conciliation does not result in an agreement between the parties, the client may, within 15 days from the date of receipt of the syndic’s report or, in the absence of such report, within 45 days from the date of receipt of his application for conciliation, have recourse to arbitration in accordance with Division III.

R.R.Q., 1981, c. I-8, r. 10, s. 2.08.

DIVISION III ARBITRATION

§ 1 . — Application for arbitration

3.01.01. A client applies for arbitration by filing with the secretary 2 copies of a “submission to arbitration” in the form prescribed in Schedule 2, duly completed and bearing his signature.

R.R.Q., 1981, c. I-8, r. 10, s. 3.01.01.

3.01.02. Within 10 days from the receipt of the application for arbitration, the secretary shall send the nursing care professional, by registered or certified mail, a copy of the submission to arbitration signed by the client.

R.R.Q., 1981, c. I-8, r. 10, s. 3.01.02.

3.01.03. Within 10 days from the receipt of such copy, the nursing care professional must sign it and return it to the secretary.

R.R.Q., 1981, c. I-8, r. 10, s. 3.01.03.

§ 2 . — Arbitration council

3.02.01. In order to settle the dispute between the client and the nursing professional, the secretary shall set up an arbitration council composed of 3 members of the Order selected from a list of at least 7 members designated by the board of directors and shall appoint a chair from among them. The secretary shall also appoint a clerk to assist the council in the exercise of its functions.

R.R.Q., 1981, c. I-8, r. 10, s. 3.02.01.

3.02.02. The secretary notifies the arbitrators and the parties of the formation of the council.

R.R.Q., 1981, c. I-8, r. 10, s. 3.02.02.

3.02.03. A motion for recusation of an arbitrator shall only be made for one of the causes set forth in article 234 of the Code of Civil Procedure (chapter C-25) and must be communicated in writing to the secretary, the arbitrators and the parties within 10 days from the day on which the party who invokes it becomes aware of the cause for recusation.

The board of directors shall decide on the motion for recusation and, where applicable, the secretary shall designate a new arbitrator.

R.R.Q., 1981, c. I-8, r. 10, s. 3.02.03.

3.02.04. Before acting, the arbitrators must take the oath of discretion prescribed in Schedule II to the Professional Code (chapter C-26).

R.R.Q., 1981, c. I-8, r. 10, s. 3.02.04.

3.02.05. In the case of the death or inability to act of one of the arbitrators, the others shall complete the matter and their decision shall be valid. In the case of the death or inability to act of the chair, the secretary shall appoint a chair from among the other 2 arbitrators of the council.

R.R.Q., 1981, c. I-8, r. 10, s. 3.02.05.

§ 3 . — Hearing

3.03.01. The chair of the council shall fix the date, hour and place of the hearing. The secretary shall notify the arbitrators and the parties thereof in writing at least 10 days prior to that date.

R.R.Q., 1981, c. I-8, r. 10, s. 3.03.01.

3.03.02. The council may ask each party to submit, within a given time limit, a statement of his pretensions with documents in support thereof.

R.R.Q., 1981, c. I-8, r. 10, s. 3.03.02.

3.03.03. The council shall convene the parties, hear them, receive their evidence or, if they offer none, record their default.

R.R.Q., 1981, c. I-8, r. 10, s. 3.03.03.

3.03.04. The council shall proceed with dispatch to the hearing of the dispute in accordance with the procedure and mode of evidence it considers appropriate.

R.R.Q., 1981, c. I-8, r. 10, s. 3.03.04.

3.03.05. The council may, following a summary notice to the parties, call for any additional evidence it deems pertinent.

R.R.Q., 1981, c. I-8, r. 10, s. 3.03.05.

3.03.06. The evidence is not recorded unless the council or one of the parties so requests. In the latter case, that party shall assume the cost thereof.

R.R.Q., 1981, c. I-8, r. 10, s. 3.03.06.

3.03.07. The clerk shall draw up the minutes of the hearing and have them signed by the arbitrators. The minutes constitute, in the absence of evidence to the contrary, proof of their content.

R.R.Q., 1981, c. I-8, r. 10, s. 3.03.07.

3.03.08. Articles 945 and 947 of the Code of Civil Procedure (chapter C-25) shall apply, with the necessary modifications, to the arbitration held pursuant to this Regulation.

R.R.Q., 1981, c. I-8, r. 10, s. 3.03.08.

§ 4 . — Arbitration award

3.04.01. The council must render its decision within 60 days following the end of the hearing, unless the parties agree in writing to extend that time.

R.R.Q., 1981, c. I-8, r. 10, s. 3.04.01.

3.04.02. The council decides as mediator and renders the decision it considers most appropriate.

R.R.Q., 1981, c. I-8, r. 10, s. 3.04.02.

3.04.03. The decision is rendered by the majority of the members of the council; in default of a majority, the decision is rendered by the chair.

The reasons for the decision must be given and the decision must be signed by the arbitrators who endorsed it; if an arbitrator refuses to sign it, the others must make mention thereof and the decision shall be as valid as if it had been signed by all of them.

The secretary shall communicate the decision to the parties without delay by service in accordance with the Code of Civil Procedure (chapter C-25) or by registered or certified mail.

R.R.Q., 1981, c. I-8, r. 10, s. 3.04.03.

3.04.04. The expenses incurred by the parties for the holding of the arbitration shall be assumed by each of them respectively and cannot be claimed by the adverse party.

R.R.Q., 1981, c. I-8, r. 10, s. 3.04.04.

3.04.05. The decision must adjudicate as to the arbitration fees, that is, the costs actually incurred by the Order for the holding of the arbitration. However, the total amount of the arbitration fees shall in no case exceed 15% of the amount which is the subject of the arbitration as set forth in section 3 of the submission to arbitration.

Where an agreement is reached between the parties before the decision of the council is rendered, the latter shall nevertheless adjudicate as to the arbitration fees in accordance with this section.

R.R.Q., 1981, c. I-8, r. 10, s. 3.04.05.

3.04.06. The decision is final.

R.R.Q., 1981, c. I-8, r. 10, s. 3.04.06.

3.04.07. The complete record of the arbitration is filed with the secretary who, unless otherwise expressly directed by the parties, shall issue a copy thereof in whole or in part only to the latter, their attorneys, the syndic and members of the board of directors.

The secretary shall return the papers and documents to the parties which they filed at the hearing.

R.R.Q., 1981, c. I-8, r. 10, s. 3.04.07.

SCHEDULE 1

(s. 2.02)

APPLICATION FOR CONCILIATION

I, the undersigned __________(name and address)__________ in person or (where applicable) representing ______________________________ for the purposes of this application, as attested by the authorization annexed hereto, being duly sworn, declare that

(1) Mr

Ms __________(name of nursing professional)__________

claims from me the sum of ______________________________ for professional services rendered between ______________________________ and ______________________________ as attested by the account a copy of which is annexed hereto;

(2) I refuse to pay this account for the following reason(s):

---

---

---

but (where applicable) acknowledge that I owe the sum of ______________________________ for the professional services referred to in such account;

(3) I apply for conciliation by the syndic pursuant to Division II of the Regulation respecting the procedure for conciliation and arbitration of accounts of nurses (chapter I-8, r. 17), of which I declare having received a copy and taken cognizance.

Sworn before me at ___________________________ this ___________________________ 20 __________

---

(Commissioner for oaths)

And I have signed

---

(signature of client or his duly authorized representative)

R.R.Q., 1981, c. I-8, r. 10, Sch. 1.

SCHEDULE 2

(s. 3.01.01)

SUBMISSION TO ARBITRATION

Entered into by: __________(name and address)__________ in person of (where applicable) representing ______________________________ for the purposes of this submission, as attested by the authorization annexed hereto, hereinafter referred to as “the client”,

AND

__________(name and address)__________ member of the Ordre des infirmières et infirmiers du Québec, hereinafter referred to as “nursing professional”,

who make the following declarations and agreements.

(1) The nursing professional claims from the client the sum of ______________________________ for professional services rendered between ______________________________ and ______________________________ as attested by the account a copy of which is annexed hereto;

(2) The client refuses to pay this account for the following reasons(s):

---

---

---

but (where applicable) the client acknowledges that he owes the sum of ______________________________ for the professional services referred to in such account;

(3) The dispute between the parties bears on the entire account or (where applicable) on that part of the account which exceeds that which the client acknowledges to owe to the nursing professional, namely, the sum of ______________________________;

(4) The dispute between the parties will be settled by arbitration held in accordance with Division III of the Regulation respecting the procedure for conciliation and arbitration of accounts of nurses (chapter I-8, r. 17) of which the parties declare having received a copy and taken cognizance;

(5) The nursing professional undertakes, for the duration of the arbitration, not to claim before civil courts that part of the account which is the subject of the dispute;

(6) The client renounces to the benefit of any time elapsed with respect to prescription;

(7) The arbitration award is binding upon the parties and the rules set forth in Book VII of the Code of Civil Procedure (chapter C-25) shall apply to its enforcement;

(8) This submission may only be annulled with the written consent of the parties.

Signed at _____________________________ this ______________________________ 20 __________

---

(signature of client or his duly authorized representative)

Signed at _____________________________ this ______________________________ 20 __________

---

(signature of professional)

R.R.Q., 1981, c. I-8, r. 10, Sch. 2.

REFERENCES

R.R.Q., 1981, c. I-8, r. 10

S.Q. 2008, c. 11, ss. 212 and 213