I-9, r. 5 - Regulation respecting the cessation of practice of a member of the Ordre des ingénieurs du Québec

Replaced on 23 March 2023

This document has official status.

chapter I-9, r. 5

Regulation respecting the cessation of practice of a member of the Ordre des ingénieurs du Québec

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 SCOPE

1. This Regulation applies to the disposal of the records, books, registers, products, substances, apparatus and equipment of a member of the Ordre des ingénieurs du Québec who ceases to practise.

Notwithstanding the foregoing, this Regulation does not apply to a member who is employed by a natural person, a legal person, a partnership or a government and who ceases to practise.

Nothing in this Regulation shall be interpreted as excluding the use of data processing or any other technical means for the preservation of records, provided that their confidentiality is ensured.

O.C. 53-94, s. 1.

2. A member, a Québec university, Bibliothèque et Archives nationales du Québec, Library and Archives Canada, the Canadian Centre for Architecture or, on the executive committee’s approval, any other agency or person may act as the transferee of the items referred to in section 1 where a member permanently ceases to practise.

O.C. 53-94, s. 2.

3. The executive committee of the Order shall determine the terms for the recovery, from the member or from the member’s successors, of the expenses incurred for the purposes of this Regulation.

O.C. 53-94, s. 3.

DIVISION II PERMANENT CESSATION OF PRACTICE

4. A member who decides to permanently cease to practise shall, within 21 days before the date on which the cessation is to take effect, notify the secretary by registered mail of the date of cessation and of the name, address and telephone number of the transferee of the items referred to in section 1, and shall send a copy of the transfer agreement to the secretary.

Where the member has not been able to arrange for a transfer, the notice to the secretary shall indicate the date on which the member will hand over the items referred to in section 1 to the secretary.

O.C. 53-94, s. 4.

5. Where a member dies or is permanently struck off the roll, or where a member’s permit is revoked, the secretary shall take possession of the items referred to in section 1 within 15 days following the event, unless the member had arranged for a transfer, a copy of which shall be sent to the secretary within the same time.

O.C. 53-94, s. 5.

6. Where a transfer had been arranged for but cannot be carried out, the secretary shall take possession of the items referred to in section 1.

O.C. 53-94, s. 6.

7. Where a member permanently ceases to practise, the transferee or the secretary, as the case may be, shall, within 30 days following the date on which the transferee or secretary takes possession of the items referred to in section 1,

(1)  have a notice published twice, at a 10-day interval, in a newspaper serving the region in which the member practised; the notice shall state

(a)  the date of taking of possession and the reasons therefor;

(b)  the time that clients have to accept the transfer, to take back from the record the items that belong to them or to request that the items be transferred to another professional; and

(c)  the address and telephone number of the transferee or the secretary and the office hours during which that person can be reached; or

(2)  send a notice in writing to each client of the member who has ceased to practise, stating the information prescribed in subparagraph 1.

Where the notice has been published, a notice in writing stating the information prescribed in subparagraph 1 of the first paragraph shall also be sent to any client whose interests so warrant.

Where the notice is sent by the transferee, a copy shall likewise be sent to the secretary.

O.C. 53-94, s. 7.

8. Where a transferee or the secretary is in possession of the items referred to in section 1, that person shall take the necessary measures to safeguard the interests of the member’s clients.

O.C. 53-94, s. 8.

9. A transferee or the secretary, as the case may be, shall respect a person’s right to consult and obtain copies of documents concerning the person and contained in a record made in the person’s regard.

O.C. 53-94, s. 9.

10. Where a transferee or the secretary takes possession of items referred to in section 1, that person shall keep the items for a period of not less than 10 years.

During that period and after consulting the member, where applicable, the secretary may transfer the items referred to in section 1 to a transferee, in which case the transferee is bound by the requirements of section 7.

Upon the expiry of that period, the secretary may dispose of the items referred to in section 1 in the secretary’s possession or may turn them over to the member or to the member’s successors where requested to do so during the 3 months preceding the expiry of that period.

For the purposes of this section, the minimum 10-year period runs from the date of the last service rendered by the member or, where the project is carried out, from the date of completion of the work.

O.C. 53-94, s. 10.

DIVISION III TEMPORARY CESSATION OF PRACTICE

11. A member who decides to temporarily cease to practise shall, within 21 days before the date on which the cessation is to take effect, notify the secretary by registered mail of the date and duration of cessation and of the name, address and telephone number of the member who has agreed to be the provisional custodian of the items referred to in section 1, and shall send a copy of the provisional custodianship agreement to the secretary.

Where the member has not been able to arrange for provisional custodianship, the member shall so inform the secretary, who shall then notify the member of the date on which the secretary or the provisional custodian appointed for that purpose by the executive committee will take possession of the items referred to in section 1.

O.C. 53-94, s. 11.

12. In the case of a member temporarily struck off the roll or under permit suspension, the secretary shall take possession of the items referred to in section 1 within 15 days of the event, unless the member had arranged for provisional custodianship, a copy of which shall be sent by the member to the secretary within the same time.

Where the member has not been able to arrange for provisional custodianship within that time, the secretary shall take possession of the items referred to in section 1, unless a provisional custodian has been appointed for that purpose by the executive committee.

O.C. 53-94, s. 12.

13. Where provisional custodianship had been arranged for but cannot be carried out, the secretary shall take possession of the items referred to in section 1.

O.C. 53-94, s. 13.

14. Sections 8 and 9 apply to a provisional custodian or to the secretary where that person takes possession of the items referred to in section 1 pursuant to this Division.

O.C. 53-94, s. 14.

15. Where a member is temporarily struck off the roll or is under practice suspension for more than 6 months, the provisional custodian or the secretary is bound by the requirements of section 7.

O.C. 53-94, s. 15.

DIVISION IV RESTRICTION OF THE RIGHT TO PRACTISE

16. Where a decision has been made against a member restricting the member’s right to practise and determining the professional acts that the member is not authorized to perform, the member shall find a provisional custodian within 15 days of the date on which the restriction is to take effect for the items referred to in section 1 that relate to such unauthorized acts.

Where the member has not been able to arrange for provisional custodianship within that time, the provisional custodian appointed for that purpose by the executive committee or the secretary shall take possession of the items referred to in section 1 that relate to such unauthorized acts.

O.C. 53-94, s. 16.

17. Sections 8 and 9 apply to a provisional custodian or to the secretary where that person takes possession of the items referred to in section 1 pursuant to this Division.

O.C. 53-94, s. 17.

DIVISION V FINAL

18. This Regulation replaces the Regulation respecting the records of an engineer who ceases to practise (R.R.Q., 1981, c. I-9, r. 4).

O.C. 53-94, s. 18.

19. (Omitted).

O.C. 53-94, s. 19.

REFERENCES

O.C. 53-94, 1994 G.O. 2, 683

S.Q. 2004, c. 25, s. 70

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