O-7, r. 2 - Regulation respecting the general meeting and elections to the board of directors of the Ordre des optométristes du Québec

Updated to 1 September 2012

This document has official status.

chapter O-7, r. 2

Regulation respecting the general meeting and elections to the board of directors of the Ordre des optométristes du Québec

Optometry Act

(chapter O-7, s. 3).

Professional Code

(chapter C-26, s. 93, pars. a and b).

Replaced, Décision 2012-04-27, 2012 G.O. 2, 2408; eff. 2012-05-31; see c. O-7, r. 7.1.

DIVISION I GENERAL PROVISIONS

1.01. The definitions contained in the Professional Code (chapter C-26) and in the Optometry Act (chapter O-7) apply to this Regulation unless the context indicates otherwise.

R.R.Q., 1981, c. O-7, r. 2, s. 1.01.

1.02. For the purposes of this Regulation, non-juridical days are those mentioned in the Code of Civil Procedure (chapter C-25).

R.R.Q., 1981, c. O-7, r. 2, s. 1.02.

DIVISION II PROCEDURES

2.01. The board of directors shall fix by resolution the date, place and agenda of the annual general meeting of the members.

R.R.Q., 1981, c. O-7, r. 2, s. 2.01.

2.02. Fifty members present and who have the right to vote shall constitute the quorum of every general meeting.

R.R.Q., 1981, c. O-7, r. 2, s. 2.02.

2.03. In all general meetings, the decisions shall be taken by a majority vote of the members present and who have the right to vote. In case of a tie-vote, the president shall have a casting vote.

R.R.Q., 1981, c. O-7, r. 2, s. 2.03.

2.04. Upon default by the general meeting to avail itself of the option provided for in section 64 of the Professional Code (chapter C-26) as to the mode of election of the president, the said election shall be held in accordance with the last choice expressed by the general meeting for a previous election.

The choice by the general meeting for the mode of election of the president may not be amended within the 4 months prior to the date of the closing of the poll.

R.R.Q., 1981, c. O-7, r. 2, s. 2.04.

2.05. One vice-president, designated from among the members of the board of directors, shall replace the president in case of absence or refusal to act of the latter.

R.R.Q., 1981, c. O-7, r. 2, s. 2.05.

2.06. The election of the president, in the case where the general meeting decides that it be by a vote of the elected directors, shall be held at the first meeting of the board of directors following the counting of the votes for the election of the members of the board of directors.

R.R.Q., 1981, c. O-7, r. 2, s. 2.06.

2.07. The president and directors shall be elected for a term of 3 years.

R.R.Q., 1981, c. O-7, r. 2, s. 2.07.

2.08. During the month of March preceding the election of the directors, the secretary shall send by mail to the address of every member entered on the roll a list of such members together with a nomination paper and notify them of the deadline for the receipt of such papers.

R.R.Q., 1981, c. O-7, r. 2, s. 2.08.

2.09. To be valid, every nomination paper must contain or be accompanied by the written consent of the nominated optometrist.

R.R.Q., 1981, c. O-7, r. 2, s. 2.09.

2.10. The deadline for the receipt of nomination papers, on the last day of the period in which they must be in the hands of the secretary, is fixed at 5:00 p.m.

R.R.Q., 1981, c. O-7, r. 2, s. 2.10.

2.11. Upon receipt of the nomination paper, the secretary shall deliver an official receipt personally to the candidate or send it to him by mail. This receipt shall attest to the validity of the nomination paper.

R.R.Q., 1981, c. O-7, r. 2, s. 2.11.

2.12. In addition to the documents mentioned in the Professional Code (chapter C-26), the secretary of the Order shall send prior to 15 April to each member entered on the roll an envelope to be used for returning each ballot paper.

R.R.Q., 1981, c. O-7, r. 2, s. 2.12.

2.13. The names of candidates must be entered in alphabetical order on the ballot paper.

R.R.Q., 1981, c. O-7, r. 2, s. 2.13.

2.14. The voter must place his ballot paper in the envelope specially marked for the election of the directors and, where applicable, his other ballot paper in the envelope specially marked for the election of the president. He must seal those envelopes and place them in the pre-addressed envelope on which the word “ELECTION” is written and which was sent to him by the secretary. He must sign the pre-addressed envelope in his usual signature and enter his address thereon but shall not make any markings on the envelopes containing his ballot papers.

R.R.Q., 1981, c. O-7, r. 2, s. 2.14.

2.15. Ballot papers must have been received by the secretary on or prior to 1 May, at 5:00 p.m. or on the next juridical day if 1 May is a non-juridical day.

R.R.Q., 1981, c. O-7, r. 2, s. 2.15.

2.16. Counting of the votes shall be done at the head office seat of the Order.

R.R.Q., 1981, c. O-7, r. 2, s. 2.16.

2.17. The 5 scrutineers shall be designated by the board of directors from among the members entered on the roll. They shall each be entitled to reimbursement for their travelling expenses as well as to a fee fixed by the board of directors.

R.R.Q., 1981, c. O-7, r. 2, s. 2.17.

2.18. If a voter loses, soils or destroys his ballot paper, he may obtain another by applying to the secretary.

R.R.Q., 1981, c. O-7, r. 2, s. 2.18.

2.19. If the secretary receives several pre-addressed envelopes in the name of the same voter, he must, subject to verification of the signature of the sender, accept for the purposes of the vote the first envelope which he received.

R.R.Q., 1981, c. O-7, r. 2, s. 2.19.

2.20. Before the counting of the votes, the secretary and the scrutineers shall examine, without opening them, the pre-addressed envelopes received by the secretary prior to the closing of the poll. They shall reject the envelopes which do not bear the usual signature of the voter.

R.R.Q., 1981, c. O-7, r. 2, s. 2.20.

2.21. The secretary shall then open the envelopes accepted for each region and deposit in a sealed ballot box the envelopes containing the ballot papers for the election for each region. The secretary may reject any ballot paper contained in a pre-addressed envelope, if the procedure followed by the voter is irregular.

R.R.Q., 1981, c. O-7, r. 2, s. 2.21.

2.22. The secretary shall reject at the time of counting any ballot paper which contains an identification mark of the voter and also any ballot paper which is soiled, erased or otherwise marked than with a cross within the squares reserved for such purpose.

R.R.Q., 1981, c. O-7, r. 2, s. 2.22.

2.23. If a ballot paper contains more crosses than the number of directors to be elected for the region, such ballot paper shall be null and void.

R.R.Q., 1981, c. O-7, r. 2, s. 2.23.

2.24. The secretary shall declare elected the candidates who have obtained the most votes. He shall cause the result of the vote to be certified by the scrutineers under their signature.

R.R.Q., 1981, c. O-7, r. 2, s. 2.24.

2.25. Where, during the election period, the secretary is absent or unable to act by reason of death, sickness or any other reason considered sufficient by the board of directors, the board of directors shall designate an optometrist to act in lieu and stead of the secretary. The optometrist thus designated shall assume for the purposes of the election all the rights and obligations of the secretary for whom he is substituted.

R.R.Q., 1981, c. O-7, r. 2, s. 2.25.

2.26. Prior to his taking office, the person who is designated to replace the secretary in accordance with section 2.25 shall swear before any person authorized to administer the oath that he will faithfully fulfill his duty.

R.R.Q., 1981, c. O-7, r. 2, s. 2.26.

2.27. Immediately following the election of the candidates, the secretary shall draw up under his signature a general report of the election and of the result of the vote.

R.R.Q., 1981, c. O-7, r. 2, s. 2.27.

2.28. The secretary must send to each of the candidates a copy of the report referred to in section 2.27.

R.R.Q., 1981, c. O-7, r. 2, s. 2.28.

2.29. The secretary must also submit a detailed report of the election at the first meeting of the board of directors following the election.

R.R.Q., 1981, c. O-7, r. 2, s. 2.29.

REFERENCES

R.R.Q., 1981, c. O-7, r. 2

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