I-9, r. 13 - Regulation respecting the keeping of records and consulting offices by engineers

Replaced on 23 March 2023

This document has official status.

chapter I-9, r. 13

Regulation respecting the keeping of records and consulting offices by engineers

Engineers Act

(chapter I-9, s. 7).

Professional Code

(chapter C-26, s. 91).

Replaced, Décision OPQ 2023-681, 2023 G.O. 2, 567; eff. 2023-03-23; see chapter I-9, r. 7.3.

DIVISION I GENERAL PROVISIONS

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

(a)  “Order” means the Ordre des ingénieurs du Québec;

(b)  “records” means the records, books and registers within the meaning of this Regulation;

(c)  “consulting office” means the place where an engineer provides professional services, excluding in particular the place mentioned in section 3.02 and the workroom of the employees.

R.R.Q., 1981, c. I-9, r. 14, s. 1.01.

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

R.R.Q., 1981, c. I-9, r. 14, s. 1.02.

1.03. Nothing in this Regulation shall be interpreted as excluding the use of data processing or any other technical means in constituting and keeping the records of an engineer.

R.R.Q., 1981, c. I-9, r. 14, s. 1.03.

DIVISION II KEEPING OF RECORDS

2.01. Subject to section 2.06, the engineer must keep, at the place where he practises his profession:

(a)  a register which contains, in accordance with each mandate undertaken, the following information:

i.  the date of the agreement concluded between him and his client relative to his professional services;

ii.  the name of the client, his address and telephone number;

iii.  a summary description of the mandate;

iv.  the description of the project, where applicable;

v.  the entry of the time used by the engineer and his employees for the carrying out of the project and a copy of all notes of fees and payments;

(b)  the general record respecting a project including the correspondence exchanged with the client or third parties during the development process of the project and respecting the studies, appraisals, reports, plans, specifications or other pertinent documents;

(c)  the technical record of a project including the data provided by the client or collected by the engineer, the charges for which the computations are made and the computations themselves with an indication of the methods used, where applicable.

R.R.Q., 1981, c. I-9, r. 14, s. 2.01.

2.02. The engineer must keep each record up to date until the time when he ceases to render professional services to the person concerned by such record.

R.R.Q., 1981, c. I-9, r. 14, s. 2.02.

2.03. The engineer must classify his records and the plans and specifications in such a way as to keep them in proper condition for utilization during the carrying out of the project in a place not readily accessible to the public. Where, under section 1.03, the engineer uses data processing or any other technique for the constitution and keeping of his records, he must ensure that their confidentiality is respected.

R.R.Q., 1981, c. I-9, r. 14, s. 2.03; O.C. 816-84, s. 1.

2.04. The engineer’s records must be kept for a minimum period of 10 years from the date of the last service rendered or, when the project has been carried out, from the date of the end of the work.

R.R.Q., 1981, c. I-9, r. 14, s. 2.04; O.C. 816-84, s. 1.

2.05. Where a client withdraws a document from the record which concerns him, a note signed by such client or by the engineer and indicating the nature of the document and the date of withdrawal must appear in such record.

R.R.Q., 1981, c. I-9, r. 14, s. 2.05.

2.06. Where an engineer is a member or is in the employ of a partnership or where he is employed by a natural or legal person, the records kept by the partnership or employer respecting the services which the engineer renders shall be considered, for the purposes of this Regulation, as the latter’s records if he can enter therein the items or information prescribed by section 2.01 and have access thereto; if he cannot do so, he must keep in a file, among other documents, the following:

(a)  a reference to the contract or project on which he is working;

(b)  a description of the work he is carrying out thereon;

(c)  the technical record prescribed by paragraph c of section 2.01 related to his work;

(d)  a copy of the studies, reports and other documents he has prepared and which relate to his work.

The engineer must sign or initial every document or report he has prepared and every entry he makes in a record of his employer or of the partnership to which he belongs.

R.R.Q., 1981, c. I-9, r. 14, s. 2.06; O.C. 816-84, s. 2.

DIVISION III KEEPING OF CONSULTING OFFICES

3.01. The engineer’s consulting office must be so designed that the identity and conversations of the persons therein cannot be learned outside the office.

R.R.Q., 1981, c. I-9, r. 14, s. 3.01.

3.02. The engineer must have a place near his consulting office for the purpose of receiving the persons to whom he renders professional services.

R.R.Q., 1981, c. I-9, r. 14, s. 3.02.

3.03. The engineer must post up his permit in public view.

R.R.Q., 1981, c. I-9, r. 14, s. 3.03.

3.04. The engineer must place in public view in the place mentioned in section 3.02, a copy of the Code of ethics of engineers (chapter I-9, r. 6) and the Regulation respecting the procedure for conciliation and arbitration of accounts of engineers (chapter I-9, r. 11). He must also write the address of the Order on each of those regulations.

R.R.Q., 1981, c. I-9, r. 14, s. 3.04.

3.05. Subject to sections 3.03 and 3.04, the engineer, in addition to decorative or utilitarian objects, may display in his consulting office and on the other premises related to the practice of his profession only the diplomas relating to that practice.

R.R.Q., 1981, c. I-9, r. 14, s. 3.05.

3.06. An engineer who is going to be absent from his consulting office must take the necessary measures to ensure the continuity of his services.

R.R.Q., 1981, c. I-9, r. 14, s. 3.06.

REFERENCES

R.R.Q., 1981, c. I-9, r. 14

O.C. 816-84, 1984 G.O. 2, 1601