c-26 - Professional Code

Updated to 1 July 1999

This document has official status.

chapter C-26

Professional Code

CHAPTER I DEFINITIONS AND APPLICATION

1. In this Code and in the regulations made thereunder, unless the context indicates a different meaning, the following terms mean:

(a)  “order” or “professional order” : any professional order listed in Schedule I to this Code or constituted in accordance with this Code;

(b)  “Bureau” : any bureau established within a professional order;

(c)  “professional” or “member of an order” : any person who holds a permit issued by an order and who is entered on the roll of the latter;

(d)  “Interprofessional Council” : the Québec Interprofessional Council established by this Code;

(e)  “Office” : the Office des professions du Québec established by this Code;

(f)  “permit” : a permit issued under this Code and the Charter of the French language which allows the exclusive practice of the profession mentioned therein and the use of a title reserved to the professionals practising such profession or only allows the use of a title reserved to the members of the order issuing the permit, subject to entry of the holder of such permit on the roll of that order;

(g)  “special authorization” : a special authorization granted for a limited period under this Code to a person who does not hold a permit, to allow him the exclusive practice of the profession mentioned therein and the use of a title reserved to the professionals practising such profession or to allow him only the use of a title reserved to the members of the order granting this authorization;

(h)  “roll” : the list of the members in good standing of an order, prepared under this Code;

(i)  “Minister” : any Minister designated by the Government.

1973, c. 43, s. 1; 1974, c. 65, s. 1, s. 109; 1975, c. 81, s. 63; 1977, c. 5, s. 222; 1994, c. 40, s. 1.

2. Subject to the inconsistent provisions of a special Act, of the letters patent issued under section 27 or of an integration or amalgamation order made under section 27.2, this Code applies to all professional orders and to their members.

1973, c. 43, s. 2; 1994, c. 40, s. 2; 1998, c. 14, s. 1.

CHAPTER II OFFICE DES PROFESSIONS DU QUÉBEC

3. There shall be a body called the “Office des professions du Québec”.

1973, c. 43, s. 3 (part); 1974, c. 65, s. 109.

3.1. The Office may appear before the courts as plaintiff or defendant.

Articles 94, 94.2 and 94.5 to 94.10 of the Code of Civil Procedure apply to the Office.

1978, c. 18, s. 21.

4. The Office shall consist of five members domiciled in Québec, including a chairman and a vice-chairman, appointed by the Government which shall fix their salaries.

Four of the members, including the chairman and the vice-chairman, must be professionals. Three among their number, including the chairman or the vice-chairman, shall be chosen from a list of at least five names furnished to the Government by the Interprofessional Council.

The fifth member shall be a non-professional. He shall be selected on the basis of his interest for the protection of the public that must be ensured by the professional orders.

The chairman and the vice-chairman shall be appointed for a fixed period not to exceed 10 years and the other members for a fixed period not to exceed three years.

Once fixed, their term of office and the amounts of their salaries cannot be reduced.

Upon the expiry of their term, they shall remain in office until reappointed or replaced.

1973, c. 43, s. 4; 1974, c. 65, s. 109; 1994, c. 40, s. 3.

5. The secretary and the other functionaries and employees of the Office are appointed and remunerated according to the Public Service Act (chapter F-3.1.1).

1973, c. 43, s. 5; 1974, c. 65, s. 109; 1978, c. 18, s. 22; 1978, c. 15, s. 140; 1983, c. 55, s. 161.

6. Three members including the chairman or vice-chairman shall constitute a quorum of the Office.

The head office of the Office shall be situated in the territory of the Communauté urbaine de Québec.

1973, c. 43, s. 6; 1974, c. 65, s. 109; 1977, c. 5, s. 14; 1994, c. 40, s. 4.

7. The chairman and the vice-chairman must devote their time exclusively to the work of the Office and to the duties of their office.

1973, c. 43, s. 7; 1974, c. 65, s. 109.

8. The chairman shall preside over meetings of the Office and shall be responsible for the administration of its affairs within the scope of the rules governing the conduct of its affairs.

He shall exercise the rights, powers and privileges granted by law to the chief executive officer of an agency within the meaning of the Public Service Act (chapter F-3.1.1).

1973, c. 43, s. 8; 1974, c. 65, s. 2, s. 109; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1994, c. 40, s. 5.

9. If the chairman is unable to act, by reason of absence or illness or for any other cause, he shall be replaced by the vice-chairman; when the vice-chairman or another member is so unable to act he may be replaced by a person appointed to perform his duties while he is unable to act; such person shall be appointed by the Government which shall fix his salary.

1973, c. 43, s. 9; 1994, c. 40, s. 6.

10. Any vacancy occurring during the term of office of a member of the Office shall be filled for the unexpired portion of such term by following the mode prescribed for the appointment of the member to be replaced.

1973, c. 43, s. 10; 1974, c. 65, s. 109.

11. The members of the Office and the persons employed by it must take the oath or make the solemn affirmation contained in Schedule II.

1973, c. 43, s. 11; 1974, c. 65, s. 109.

12. The function of the Office shall be to see that each order ensures the protection of the public. For that purpose, the Office may, in particular, in collaboration with each order, monitor the operation of the various mechanisms established within the order pursuant to this Code and, where applicable, the Act constituting the professional order.

It shall, where it considers it expedient, suggest the establishment of new orders, the amalgamation or dissolution of existing orders, the integration of a group of persons into one of the orders referred to in Division III of Chapter IV and amendments to this Code and the Acts, letters patent, the integration or amalgamation orders, regulations and by-laws governing them; it shall endeavour to bring the orders to work together to find solutions to the common problems they encounter, by reason, in particular, of the relatedness of the activities exercised by their members; it shall suggest ways to ensure the best possible training for professionals.

The Office must, in particular,

(1)  ensure that the Bureau of each order adopts every regulation or by-law which it is required to adopt under this Code or, as the case may be, under the Act constituting the professional order;

(2)  recommend that the Government adopt, by regulation, any regulation or by-law which the Bureau is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, if the Bureau fails to do so within the time fixed by the Office;

(3)  suggest to the Bureau of an order, at any time, the amendments the Office considers necessary to any regulation or by-law adopted by the Bureau which is a regulation or by-law the Bureau is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, even before its publication in draft form in the Gazette officielle du Québec where so required, and even after its coming into force;

(4)  recommend that the Government adopt, at any time, by regulation, the amendments the Office considers necessary to any regulation or by-law adopted by the Bureau which is a regulation or by-law the Bureau is required to adopt under this Code, or, as the case may be, under the Act constituting the professional order, whether or not the regulation or by-law has been published in draft form in the Gazette officielle du Québec where so required, and whether or not it is in force, if the Bureau fails to adopt such amendments within the time fixed by the Office;

(5)  inform the order concerned of the comments regarding the regulations or by-laws it has examined;

(6)  determine, by regulation and after consultation with the Interprofessional Council:

(a)  the standards governing the preparation, content, updating and publication of the roll of members;

(b)  the standards governing the preparation and content of the annual report of an order;

(7)  advise the Government on any diploma giving access to a permit or specialist’s certificate issued by an order, after consultation, in particular, with

(a)  the educational institutions and the order concerned;

(b)  the Conférence des recteurs et des principaux des universités du Québec in the case of a university-level diploma;

(c)  the Fédération des cégeps in the case of a college-level diploma;

(d)  the Minister of Education;

(8)  inform the public of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts;

(9)  draw up and propose to the public and to the professional orders documents to further the exercise of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts, including, in particular, a model form for requests for the holding of an inquiry by the syndic or assistant syndic or for the lodging of a complaint with the committee on discipline against a professional;

(10)  report to the Government on any order which shows a deficit or has insufficient income to fulfill its duties and on any order which does not fulfill the duties imposed on it by this Code or, as the case may be, by the Act constituting it as a professional order.

1973, c. 43, s. 12; 1974, c. 65, s. 3, s. 109; 1975, c. 80, s. 1; 1983, c. 54, s. 15; 1988, c. 29, s. 1; 1986, c. 95, s. 69; 1990, c. 76, s. 1; 1994, c. 40, s. 7; 1998, c. 14, s. 2.

12.1. The Office may, by regulation, adopt rules governing the conduct of its affairs.

The Office may also, by regulation and after consultation with the Interprofessional Council, determine rules governing the keeping and use of disciplinary records, rules governing access to those records, rules for protecting such confidential information contained in the records as is determined by the Office and the length of time for which the records must be kept by an order.

1994, c. 40, s. 8.

12.2. The Office may, in a regulation that it is authorized to make under this Code or under an Act constituting the professional order, make compulsory a standard established by a government or body. It may provide that reference to such a standard includes any subsequent amendment made to it.

1994, c. 40, s. 8.

12.3. The Office may

(1)  after consultation with the Interprofessional Council and various socioeconomic groupings, draw up a list of persons for the purposes of the fourth paragraph of section 123.3;

(2)  fix, by regulation, the amount of the fees that a person who requests an opinion from the review committee pursuant to section 123.4 may be charged by an order.

1994, c. 40, s. 8.

13. Every regulation adopted by the Office under this Code or under an Act constituting a professional order must be submitted to the Government, which may approve it with or without amendment.

1973, c. 43, s. 13; 1974, c. 65, s. 109; 1988, c. 29, s. 2; 1994, c. 40, s. 9.

14. The Office, after obtaining the authorization of the Minister or at the Minister’s request, may inquire into the affairs of any order which shows a deficit or has insufficient income to fulfill its duties and of any order which does not fulfill the duties imposed on it by this Code or, as the case may be, by the Act constituting it as a professional order.

In its request to the Minister for authorization to conduct an inquiry, the Office shall specify the reasons therefor. It shall also inform the order that it has made such a request, indicating the reasons therefor.

The Office may designate a person to carry out the inquiry on its behalf.

1973, c. 43, s. 14; 1974, c. 65, s. 109; 1994, c. 40, s. 10.

14.1. The person carrying out the inquiry is required to take the oath or make the solemn affirmation contained in Schedule II, and is vested with the powers and immunity conferred on commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose a term of imprisonment.

1994, c. 40, s. 10.

14.2. The person carrying out the inquiry may enter the head office of the order at any reasonable time and must, on request, produce a certificate attesting his capacity.

He may examine and copy any document or record, require any document or record and demand any information or report needed by him for the purposes of the inquiry.

1994, c. 40, s. 10.

14.3. No person may, in any way whatsoever, hinder the person carrying out the inquiry, mislead him by concealment or false declarations, refuse to allow him to examine or copy any document or record which he is entitled to obtain or copy for the purposes of the inquiry, refuse to provide him with such a document or record or refuse to provide him with any information or report required for such purposes.

No person may refuse to allow him to examine or copy a document or record, or refuse to provide him with any information, document or record on the ground that it was obtained by the order in the exercise of the duties or powers conferred on it by this Code or, as the case may be, by the Act constituting it as a professional order, or on the ground that it is protected by professional secrecy.

1994, c. 40, s. 10.

14.4. The person carrying out an inquiry shall make a written report to the Office, which shall forward a copy to the Minister.

The Office shall also forward a copy of the report to the order concerned, which may make the necessary representations within the time fixed by the Office.

1994, c. 40, s. 10.

14.5. The Government may place under the administration of one or more persons designated by it any order showing a deficit or having insufficient income to fulfill its duties or any order which does not fulfill the duties imposed on it by this Code, or, as the case may be, by the Act constituting it as a professional order, and may fix the terms and conditions of such administration.

1994, c. 40, s. 10.

15. The Office may require any professional order to furnish any document or information needed to carry out its functions.

1973, c. 43, s. 15; 1974, c. 65, s. 109; 1994, c. 40, s. 11.

16. The fiscal year of the Office ends on 31 March.

1973, c. 43, s. 16; 1974, c. 65, s. 109; 1995, c. 50, s. 1.

16.1. The Office shall file with the Minister, on or before June 30 each year, its financial statements and a report upon its activities for the preceding fiscal year.

The financial statements and the activities report shall contain any information required by the Minister.

The Minister shall table the financial statements and the report before the National Assembly within 30 days of receiving them if it is in session or, if it is not sitting, within 30 days of resumption.

1995, c. 50, s. 1.

16.2. The Office shall send to the Minister, at his request, statistical data, reports or other information on its activities within the time and in the form prescribed by the Minister.

1995, c. 50, s. 1.

16.3. The Office shall send its budget estimates to the Minister on the date he determines.

The budget estimates shall be submitted to the Government for approval.

1995, c. 50, s. 1.

16.4. The books and accounts of the Office shall be audited each year by the Auditor General and whenever the Government so orders.

The auditor’s report shall be sent with the activities report and the financial statements of the Office.

1995, c. 50, s. 1.

16.5. The Government may, on the terms and conditions it determines,

(1)  authorize the Office to contract loans by notes, bonds or otherwise;

(2)  secure payment in capital and interest of any loan contracted by the Office and any of its obligations;

(3)  authorize the Minister of Finance to advance to the Office any amount considered necessary for the performance of its obligations or the exercise of its functions and powers.

The sums required for the carrying out of subparagraphs 2 and 3 of the first paragraph shall be taken out of the Consolidated Revenue Fund.

1995, c. 50, s. 1.

16.6. The sums received by the Office shall be applied to the payment of its activities and obligations.

1995, c. 50, s. 1.

16.7. The Office may not make payments or assume obligations, except those provided for in section 16.5, for an amount that exceeds, in the same fiscal year, the sums at its disposal for the year in which the payments are made or the obligations assumed.

This section shall not operate to prevent the Office from making commitments for more than one fiscal year.

1995, c. 50, s. 1.

16.8. The Office may invest, on a short-term basis, the funds placed at its disposal under this Act,

(1)  in securities issued or guaranteed by the Government of Canada, Québec or any other Canadian province;

(2)  by deposits in a bank or financial institution registered with the Régie de l’assurance-dépôts du Québec or in certificates, notes or other short-term securities or papers issued or guaranteed by a bank or such an institution.

1995, c. 50, s. 1.

CHAPTER III INTERPROFESSIONAL COUNCIL

17. A “Québec Interprofessional Council”, called “Conseil interprofessionnel du Québec” in French, is established.

1973, c. 43, s. 17.

18. The Interprofessional Council shall be a corporation within the meaning of the Civil Code of Lower Canada and shall have the general powers of such a corporation with the particular powers this Code grants to it.

1973, c. 43, s. 18.

19. The Interprofessional Council shall advise the Minister on any matter he refers to it. It shall bring to the Minister’s attention any matter which, in its opinion, requires government action.

In addition to the functions conferred on it by law, the Council may, in particular, after consulting its members,

(1)  examine the problems of a general nature encountered by professional orders and communicate its findings to the orders concerned together with the recommendations it considers appropriate;

(2)  propose to the Minister objectives to be pursued, both in the short and the long term, to ensure the protection of the public by the orders, and review such objectives periodically;

(3)  suggest to the Minister and to the Office the measures it considers appropriate to enable the Office to perform its supervisory role;

(4)  at the request of the Minister or of one or more orders, provide the public with information concerning the professional system, professionals and the duties and powers of the orders;

(5)  make suggestions concerning amendments to be made to this Code and other Acts and in particular to the Acts constituting the professional orders, or to the regulations or by-laws made under this Code and such Acts;

(6)  invite groups recognized or not as professional orders, whose members are engaged in related activities, to meet to find solutions to their problems;

(7)  hear any group wishing to be recognized as a professional order and submit to the Government and to the Office the recommendations it considers appropriate in respect of the recognition of such group;

(8)  carry out studies and give its advice on any matter relating to the protection of the public that must be ensured by the orders.

In the exercise of its functions, the Council may form special committees to study particular matters and direct them to compile the relevant information and to report to the Council on their observations and recommendations.

The Council may charge fees for the carrying out of studies or research or for the provision of services.

1973, c. 43, s. 19; 1974, c. 65, s. 109; 1994, c. 40, s. 12.

19.1. The Minister may, in particular, submit to the Interprofessional Council, for advice,

(1)  any draft amendments to this Code, before they are introduced in the National Assembly, and any draft regulation or by-law under this Code, made by the Government or subject to government approval, and affecting all orders;

(2)  any proposal to constitute a new order;

(3)  any other matter of general interest to the professional orders;

(4)  the amount of the contribution provided for in section 196.4 and determined under Chapter VIII.1.

The Council shall give its advice within the time fixed by the Minister.

1994, c. 40, s. 12; 1995, c. 50, s. 2.

20. The Interprofessional Council shall consist of the professional orders; each order shall be represented thereon by its president or by another member designated by the Bureau.

The chairman of the Council shall be elected by a majority vote of the members of the Council present at the first meeting after the beginning of its fiscal year. Upon his election, the chairman of the Council ceases to be the representative of the order of which he is a member, and the order shall designate a substitute for him.

If the office of chairman of the Council becomes vacant, the chairman shall be replaced for the unexpired portion of his term by another member of the Council elected in the same manner.

The chairman of the Council shall direct the activities of the Council and coordinate its work; he shall act as liaison between the Council and the Minister, and between the Council and the Office.

1973, c. 43, s. 20; 1974, c. 65, s. 4; 1977, c. 66, s. 1; 1994, c. 40, s. 13.

20.1. The Interprofessional Council may, by by-law, adopt rules governing the conduct of its affairs.

Such rules shall come into force on the fifteenth day following the date of their adoption.

1994, c. 40, s. 14.

21. Each order must make each year to the Interprofessional Council the contribution required by the Council for the proper administration of its affairs.

1973, c. 43, s. 21; 1994, c. 40, s. 15.

22. Not later than 30 June each year, the Interprofessional Council shall make a report of its activities to the Minister.

Such report shall be laid before the National Assembly if it is in session or, if it is not, within thirty days of the opening of the next session.

1973, c. 43, s. 22.

CHAPTER IV PROFESSIONAL ORDERS

1994, c. 40, s. 16.

DIVISION I CONSTITUTION OF PROFESSIONAL ORDERS

1994, c. 40, s. 17.

23. The principal function of each order shall be to ensure the protection of the public.

For this purpose it must in particular supervise the practice of the profession by its members.

1973, c. 43, s. 23; 1994, c. 40, s. 18.

24. The professional orders mentioned in paragraphs 22 to 38 of Schedule I to this Code are constituted as of 1 February 1974.

Every other professional order shall be constituted by an Act or by letters patent issued under this Code.

1973, c. 43, s. 24; 1994, c. 40, s. 19.

25. To determine if a professional order should or should not be constituted or if a group of persons should or should not be integrated into one of the orders referred to in Division III of Chapter IV, account shall be taken particularly of the following factors:

(1)  the knowledge required to engage in the activities of the persons who would be governed by the order which it is proposed to constitute;

(2)  the degree of independence enjoyed by the persons who would be members of the order in engaging in the activities concerned, and the difficulty which persons not having the same training and qualifications would have in assessing those activities;

(3)  the personal nature of the relationships between such persons and those having recourse to their services, by reason of the special trust which the latter must place in them, particularly because such persons provide them with care or administer their property;

(4)  the gravity of the prejudice or damage which might be sustained by those who have recourse to the services of such persons because their competence or integrity was not supervised by the order;

(5)  the confidential nature of the information which such persons are called upon to have in practising their profession.

1973, c. 43, s. 25; 1994, c. 40, s. 20; 1998, c. 14, s. 3.

26. The members of an order shall not be granted the exclusive right to practise a profession except by an Act; that right must not be granted except in cases where the acts done by these persons are of such a nature and the freedom to act they have by reason of the nature of their ordinary working conditions are such that for the protection of the public they cannot be done by persons not having the training and qualifications required to be members of the order.

1973, c. 43, s. 26; 1994, c. 40, s. 21.

27. The Government, after consultation with the Office and the Interprofessional Council, may constitute by letters patent any professional order which groups the persons to whom it deems it necessary, for the protection of the public, to grant a reserved title.

However, no letters patent under this section may be issued less than 60 days after the publication by the Minister of the draft letters patent in the Gazette officielle du Québec, with a notice that the draft will be considered by the Government upon the expiry of 60 days following such publication.

The letters patent constituting a new order shall set out the titles, abbreviations and initials reserved for its members, a description of the professional activities they may engage in in addition to those otherwise permitted by law, the various categories of permits on the basis of the professional activities that the members may engage in or the titles they may use, and the conditions and restrictions to which members must submit when engaging in such activities or using such titles. Furthermore, they may provide for such transitional measures as are considered necessary to facilitate the commencement of the order’s activities. These measures may, among other matters, pertain to the regulations applicable to members and the replacement of such regulations, the conditions of admission of persons as initial members of the new order, the composition and operation of the Bureau, the duration of the initial term of office of the directors, the manner in which the president and the directors are to be elected and the designation of the order.

The letters patent constituting a new order shall be published in the Gazette officielle du Québec after they are issued, and the order shall be constituted as of such publication.

The Québec Official Publisher must include in the annual statutes a table indicating the dates of publication of the letters patent mentioned in the fourth paragraph.

The letters patent constituting a new order shall cease to have effect on the day of the coming into force of the provisions amending this Code for the purpose of introducing into it the titles, abbreviations and initials reserved for the order’s members, a description of the professional activities they may engage in and any other relevant provision. Any transitional measures contained in the letters patent that continue to be useful, however, shall remain in force.

1973, c. 43, s. 27; 1974, c. 65, s. 109; 1994, c. 40, s. 22; 1998, c. 14, s. 4.

27.1. At any time before the day on which they cease to have effect, the Government may amend the letters patent constituting a new order by issuing supplementary letters patent.

Section 27 applies, with the necessary modifications, to the supplementary letters patent.

1994, c. 40, s. 23.

27.2. The Government may, by order, after consultation with the Office, the interprofessional council and the orders concerned, amalgamate two or more orders referred to in Division III of Chapter IV to ensure increased protection of the public.

The Government may, by order, integrate into an order referred to in Division III of Chapter IV a group of persons to whom it considers necessary, for the protection of the public, to grant a reserved title. However, such integration may only be effected after consultation with the Office, the interprofessional council and the order concerned as well as with the organizations, if any, which represent the group of persons concerned.

However, no order may be made under this section less than 60 days after the publication by the Minister of the proposal for amalgamation or integration in the Gazette officielle du Québec, with a notice that the proposal will be considered by the Government upon the expiry of 60 days following such publication.

The amalgamation or integration order shall set out the titles, abbreviations and initials reserved for the members of the order concerned, a description of the professional activities they may engage in in addition to those otherwise permitted by law, the categories of permits on the basis of the professional activities that the members may engage in or the titles they may use, and the conditions and restrictions to which the members must submit when engaging in such activities or using such titles.

The amalgamation or integration order may provide for such transitional measures as are considered necessary to facilitate the amalgamation or integration. These measures may, among other matters, pertain to the regulations applicable to the members of the order concerned and the replacement of such regulations, the conditions of admission of those persons, the composition and operation of the Bureau, the duration of the initial term of office of the directors, the manner in which the president and the directors are to be elected and the designation of the order.

The amalgamation or integration order shall be published in the Gazette officielle du Québec and shall come into force 15 days after such publication or on any later date indicated in the order.

The Québec Official Publisher shall insert in the annual volume of statutes a table indicating the date of publication of an order mentioned in the sixth paragraph.

The amalgamation or integration order shall cease to have effect on the day of the coming into force of the provisions amending this Code for the purpose of introducing the titles, abbreviations and initials reserved for the members of the order concerned, a description of the professional activities they may engage in and any other relevant provision. Any transitional measures contained in the order that continue to be useful shall, however, remain in force.

1998, c. 14, s. 5.

27.3. The Government may, by order, amend the amalgamation or integration order at any time before the day on which it ceases to have effect.

Section 27.2, adapted as required, applies to the order.

1998, c. 14, s. 5.

28. Each order shall consist of the professionals who are members of it, and shall be a corporation within the meaning of the Civil Code of Lower Canada. It shall have the general powers of such a corporation and those particular powers conferred upon it under this Code and the Act under which it is constituted.

1973, c. 43, s. 28; 1994, c. 40, s. 24.

29. A professional order may hypothecate its movable or immovable property to secure payment of the obligations or securities it issues.

It must dispose within a reasonable time of immovables which have not been used for a period of seven consecutive years in the pursuit of its objects.

1973, c. 43, s. 29; 1992, c. 57, s. 481; 1994, c. 40, s. 25.

30. Only the orders to which this Code applies may use the expression “professional order”, any other expression that includes both words or an expression leading to the belief that reference is being made to an order governed by this Code.

1973, c. 43, s. 30; 1994, c. 40, s. 26.

DIVISION II EXCLUSIVE PROFESSIONS

31. In this division, the words “order” and “professional order” mean a professional order mentioned in paragraphs 1 to 21.3 of Schedule I.

1973, c. 43, s. 31; 1994, c. 40, s. 27; 1994, c. 37, s. 16; 1995, c. 41, s. 20; 1999, c. 24, s. 16.

32. No person shall claim in any manner to be an advocate, notary, physician, dentist, pharmacist, optometrist, veterinary surgeon, agrologist, architect, engineer, land-surveyor, forest engineer, chemist, chartered accountant, radiology technician, denturologist, dispensing optician, chiropractor, hearing-aid acoustician, podiatrist, nurse, acupuncturist, bailiff or midwife, or use one of the above titles or any other title or abbreviation which may lead to the belief that he is one, or initials which may lead to the belief that he is one, or engage in a professional activity reserved to the members of a professional order, claim to have the right to do so or act in such a way as to lead to the belief that he is authorized to do so, unless he holds a valid, appropriate permit and is entered on the roll of the order empowered to issue the permit, unless it is allowed by law.

1973, c. 43, s. 32; 1993, c. 38, s. 1; 1994, c. 40, s. 28; 1994, c. 37, s. 17; 1995, c. 41, s. 21; 1999, c. 24, s. 17.

33. Notwithstanding section 32, the president of an order may, by special authorization, empower a person legally authorized to practise outside Québec the same profession as the members of such order to practise that profession in Québec on behalf of any person or group of persons indicated in the authorization and for the period indicated therein.

Such authorization shall be valid for a period not exceeding twelve months and shall be renewed only by the Bureau.

If the president refuses to grant the authorization applied for, the application therefor may be made to the Bureau and its decision in this respect shall not be subject to appeal.

1973, c. 43, s. 33; 1988, c. 29, s. 3; 1994, c. 40, s. 29.

34. Section 32 shall not prevent persons or categories of persons from engaging in professional acts that may be engaged in by the members of a professional order, provided they do so in accordance with the provisions of a regulation under subparagraph h of the first paragraph of section 94.

1973, c. 43, s. 34; 1994, c. 40, s. 30.

DIVISION III PROFESSIONS WITH RESERVED TITLES

35. In this division, the words “order” and “professional order” mean a professional order mentioned in paragraphs 22 to 38 of Schedule I or a professional order constituted under section 27. Such professional orders may use the designation “professional order” or “order”.

1973, c. 43, s. 35; 1994, c. 40, s. 31.

36. No person shall in any way whatsoever:

(a)  use the title “comptable en management accrédité” in French or “Certified Management Accountant” in English or any title or abbreviation which may lead to the belief that he is a certified management accountant, or use initials which may lead to the belief that he is a certified management accountant or the initials “C.M.A.” unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des comptables en management accrédités du Québec;

(b)  use the title “Certified General Accountant” or any other title or abbreviation which may lead to the belief that he is a certified general accountant, or use initials which may lead to the belief that he is a certified general accountant or the initials “C.G.A.”, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des comptables généraux licenciés du Québec;

(c)  use the title “Dietician”, “Dietitian” or “Nutritionist” or any other title or abbreviation which may lead to the belief that he is a dietician, a dietitian or a nutritionist, or use initials which may lead to the belief that he is a dietician, a dietitian or a nutritionist, or the initials “P.Dt.”, “Dt.P.” or “R.D.”, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des diététistes du Québec;

(d)  use the title “Social Worker” or any other title or abbreviation which may lead to the belief that he is a social worker, or use initials which may lead to the belief that he is a social worker or the initials “P.S.W.”, “T.S.P.”, “S.W.” or “T.S.”, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des travailleurs sociaux du Québec;

(e)  use the title “Psychologist” or any other title or abbreviation which may lead to the belief that he is a psychologist, or use initials which may lead to the belief that he is a psychologist, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des psychologues du Québec;

(f)  use the title “Industrial Relations Counsellor” or any other title or abbreviation which may lead to the belief that he is an industrial relations counsellor, or use initials which may lead to the belief that he is an industrial relations counsellor or the initials “C.R.I.” or “I.R.C.”, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des conseillers en relations industrielles du Québec;

(g)  use the title “Vocational Guidance Counsellor” or “Guidance Counsellor” or any other title or abbreviation which may lead to the belief that he is a vocational guidance counsellor or guidance counsellor, or use initials which may lead to the belief that he is a vocational guidance counsellor or a guidance counsellor or the initials “G.C.”, “V.G.C.”, “C.O.” or “C.O.P.”, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des conseillers et conseillères d’orientation du Québec;

(h)  use the title “Urbanist”, “Town Planner” or “City Planner” or any other title or abbreviation which may lead to the belief that he is an urbanist or a town or city planner, or the abbreviation “urb.”, or initials which may lead to the belief that he is an urbanist or a town or city planner, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des urbanistes du Québec;

(i)  use the title “Chartered Administrator” or “Management Advisor” or any other title or abbreviation which may lead to the belief that he is a chartered administrator or a management advisor, or initials which may lead to the belief that he is a chartered administrator or a management advisor, or the initials “C.Adm.”, “Adm.A.” or “C.M.C.”, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des administrateurs agréés du Québec;

(j)  use the title “Chartered Appraiser” or “Chartered Assessor” or any other title or abbreviation which may lead to the belief that he is a chartered appraiser or chartered assessor, or use letters which may lead to the belief that he is a chartered appraiser or chartered assessor, or the letters “C.App.” or “E.A.”, unless he holds a valid permit for such purpose and is entered on the roll of the Ordre professionnel des évaluateurs agréés du Québec;

(k)  use the title “Dental Hygienist” or any other title or abbreviation which may lead to the belief that he is a dental hygienist, or initials which may lead to the belief that he is a dental hygienist, or the initials “D.H.”, “H.D.” or “R.D.H.”, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des hygiénistes dentaires du Québec;

(l)  use the title “Dental Technician” or any other title or abbreviation which may lead to the belief that he is a dental technician, or initials which may lead to the belief that he is a dental technician, or the initials “D.T.”, “C.D.T.”, “T.D.” or “T.D.C.”, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des techniciens et techniciennes dentaires du Québec;

(m)  use the title “Speech Therapist” or “Audiologist” or any other title or abbreviation which may lead to the belief that he is a speech therapist or an audiologist, or initials which may lead to the belief that he is a speech therapist or audiologist, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des orthophonistes et audiologistes du Québec;

(n)  use the title “Physiotherapist” or “Physical Therapist” or any other title or abbreviation which may lead to the belief that he is a physiotherapist or physical therapist, or the abbreviation “pht”, or initials which may lead to the belief that he is a physiotherapist or physical therapist, or the initials “P.T.”, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des physiothérapeutes du Québec;

(o)  use the title “Occupational Therapist” or any other title or abbreviation which may lead to the belief that he is an occupational therapist, or the abbreviation “erg.”, or initials which may lead to the belief that he is an occupational therapist or the initials “O.T.” or “O.T.R.”, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des ergothérapeutes du Québec;

(p)  use the title “Nursing Assistant” or any other title or abbreviation which may lead to the belief that he is a nursing assistant, or the abbreviation “inf.aux.” or “n.ass’t”, or initials which may lead to the belief that he is a nursing assistant, or the initials “I.A.”, “I.A.D.”, or “I.A.L.” or “N.A.” or “R.N.A.”, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des infirmières et infirmiers auxiliaires du Québec;

(q)  use the title “Medical Technologist” or “Registered Technologist” or any other title or abbreviation which may lead to the belief that he is a medical technologist or registered technologist, or the abbreviation “tech.med.”, or initials which may lead to the belief that he is a medical technologist or registered technologist, or the initials “M.T.” or “R.T.”, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des technologistes médicaux du Québec;

(r)  use the title “Applied Sciences Technologist”, “Professional Technologist” or “Professional Technician” or any other title or abbreviation which may lead to the belief that he is an applied sciences technologist, professional technologist or professional technician, or use initials which may lead to the belief that he is an applied sciences technologist, a professional technologist or a professional technician or the initials “A.Sc.T.”, “P.T.”, “T.Sc.A.” or “T.P.”, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des technologues professionnels du Québec;

(s)  use the title “Registered Respiratory Therapist” or “Technician in Inhalation Therapy and Anesthesia” or any other title or abbreviation which may lead to the belief that he is a registered respiratory therapist or technician in inhalation therapy and anesthesia, or the abbreviation “Inh.”, or use initials which may lead to the belief that he is a registered respiratory therapist or technician in inhalation therapy and anesthesia, or the initials “R.R.T.”, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des inhalothérapeutes du Québec;

(t)  use the title “Certified Translator”, “Certified Terminologist” or “Certified Interpreter”, or any title or abbreviation which may lead to the belief that he is a certified translator, certified terminologist or certified interpreter, or use initials which may lead to the belief that he is a certified translator, certified terminologist or certified interpreter or use the abbreviations “C.Tr.”, “C.Term.” or “C.Int.” or “trad.a.”, “term.a.” or “int.a.”, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des traducteurs et interprètes agréés du Québec.

1973, c. 43, s. 36; 1977, c. 5, s. 229; 1987, c. 17, s. 1; 1988, c. 29, s. 4; 1993, c. 38, s. 2; 1994, c. 40, s. 32.

37. Every member of one of the following professional orders may engage in the following professional activities in addition to those otherwise allowed him by law:

(a)  the Ordre professionnel des comptables en management accrédités du Québec: establish cost accounting, do industrial accounting and organize and manage businesses;

(b)  the Ordre professionnel des comptables généraux licenciés du Québec: perform industrial or commercial accounting services;

(c)  the Ordre professionnel des diététistes du Québec: prepare food diets according to the principles of nutrition and see that they are applied;

(d)  the Ordre professionnel des travailleurs sociaux du Québec: assist persons, families, groups or communities with a view to improving their social activity;

(e)  the Ordre professionnel des psychologues du Québec: provide the public with professional services in which the principles and methods of scientific psychology are applied; in particular, advise and interview, use and interpret the standard tests of mental capacity, aptitude and personality for psychological classification and valuation and make use of psychological techniques for purposes of guidance, reeducation and rehabilitation;

(f)  the Ordre professionnel des conseillers en relations industrielles du Québec: practise the art of establishing, maintaining or changing relations between employees, between employers or between employers and employees;

(g)  the Ordre professionnel des conseillers et conseillères d’orientation du Québec: guide persons in the choice of a vocation and of the studies leading to it so that such choice is made in the light of a systematic analysis and an objective evaluation of their aptitudes and tastes;

(h)  the Ordre professionnel des urbanistes du Québec: provide the public with professional services involving the application of the principles and methods of development and use of urban land or land to be urbanized;

(i)  the Ordre professionnel des administrateurs agréés du Québec: take part in the establishment, direction and management of public bodies or undertakings, determine or remodel their structures and coordinate and control their methods of production or distribution and their economic or financial policies and provide advisory services in such matters;

(j)  the Ordre professionnel des évaluateurs agréés du Québec: give in all respects a duly motivated opinion on the value of any immovable property or right and, in matters of expropriation, of any movable or immovable property or right and determine the value of property subject to assessment in accordance with the Act respecting municipal taxation (chapter F-2.1), the Municipal Code (chapter C-27.1), the Cities and Towns Act (chapter C-19), all laws governing the urban communities, the Education Act (chapter I-13.3), the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14) and the special laws applicable to municipalities and to school boards;

(k)  the Ordre professionnel des hygiénistes dentaires du Québec: detect dental oral diseases, teach the principles of oral hygiene and, under a dentist’s supervision, use scientific means to control and prevent dental oral ailments;

(l)  the Ordre professionnel des techniciens et techniciennes dentaires du Québec: manufacture or repair dental prostheses, on the prescription of a dentist, denturologist or physician;

(m)  the Ordre professionnel des orthophonistes et audiologistes du Québec: study, examine, appreciate and treat defects in hearing, voice, speech and language and use the substitutional devices required;

(n)  the Ordre professionnel des physiothérapeutes du Québec: do any therapeutic act the object of which is to obtain the maximum functional performance of a person through physical exercise, manual therapy or the use of physical means such as electrotherapy or hydrotherapy;

(o)  the Ordre professionnel des ergothérapeutes du Québec: do any act having as its object the treatment of a person to improve his functional independence, principally through the use of work activities or other ordinary human activities;

(p)  the Ordre professionnel des infirmières et infirmiers auxiliaires du Québec: provide the nursing care required for the treatment of the sick;

(q)  the Ordre professionnel des technologistes médicaux du Québec: make any type of technical analysis and laboratory examination in the field of medical biology and do any act necessary to ensure the accuracy of such analysis or examination;

(r)  the Ordre professionnel des technologues professionnels du Québec: subject to any Act governing a professional order whose members practise an exclusive profession, perform work of a technical nature in the field of applied sciences within his competence, according to procedures, recognized standards and methods or according to plans, estimates or specifications, and use the instruments required for the performance of such work;

(s)  the Ordre professionnel des inhalothérapeutes du Québec: promote respiratory health, do any act relating to the techniques of anesthesia, diagnosis preparation, treatment, rehabilitation of the breathing function and resuscitation, and to the administration of medication and medicated gases according to prescription, and the monitoring of patient responses during treatment;

(t)  the Ordre professionnel des traducteurs et interprètes agréés du Québec: provide services consisting in the translation of texts, spoken words or terms from one language to another, as an intermediary between persons of different languages.

1973, c. 43, s. 37; 1974, c. 65, s. 6; 1975, c. 80, s. 2; 1977, c. 5, s. 229; 1979, c. 72, s. 490; 1987, c. 17, s. 2; 1988, c. 29, s. 5; 1988, c. 84, s. 698; 1993, c. 38, s. 3; 1994, c. 40, s. 33; 1996, c. 2, s. 218.

38. Nothing in this division shall be interpreted as giving to members of an order to which it applies the exclusive right to engage in the activities described in section 37, in the letters patent constituting such order or in an amalgamation or integration order.

1973, c. 43, s. 38; 1994, c. 40, s. 34; 1998, c. 14, s. 6.

39. Notwithstanding section 36, the president of an order may by special authorization empower a person legally authorized to practise outside Québec the same profession as the members of such order to use in Québec the title reserved to members of the order for the period indicated in the authorization.

Such authorization shall be valid for a period not exceeding twelve months and shall be renewed only by the Bureau.

If the president refuses to grant the authorization applied for, the application therefor may be made to the Bureau, and its decision in this respect shall be final.

1973, c. 43, s. 39; 1988, c. 29, s. 6; 1994, c. 40, s. 35.

DIVISION IV COMMON PROVISIONS

40. The Bureau of an order shall issue a permit to any person who meets the conditions prescribed by this Code, the Act constituting such order and the regulations made under this Code or the said Act.

1973, c. 43, s. 40; 1994, c. 40, s. 36.

41. Subject to sections 35, 37 and 38 of the Charter of the French language (chapter C-11), the Bureau of an order may issue, on the conditions it determines, to any person legally authorized to practise outside Québec the same profession as the members of such order a temporary permit valid for a period of one year and renewable.

1973, c. 43, s. 41; 1974, c. 6, s. 113; 1977, c. 5, s. 223; 1994, c. 40, s. 37.

42. Subject to any special act, no person may obtain a permit or a specialist’s certificate unless he holds a diploma recognized as valid for such purpose by regulation of the Government made under the first paragraph of section 184 or a diploma recognized as equivalent by regulation of the Bureau of the order issuing such a permit or certificate, as the case may be.

Notwithstanding any provision of any special act, a permit or a specialist’s certificate may however be issued to a person who does not hold a diploma referred to in the first paragraph, but whose training is recognized as equivalent by the regulations of the Bureau of the order issuing such permit or such certificate, as the case may be.

1973, c. 43, s. 42; 1975, c. 80, s. 3; 1994, c. 40, s. 38.

43. No order may refuse to issue a permit or specialist’s certificate or to grant a special authorization for reasons of race, colour, sex, religion, national extraction or social origin.

1973, c. 43, s. 43; 1994, c. 40, s. 39.

44. No order may refuse to issue a permit on the ground that the applicant is not a Canadian citizen, if he has been legally admitted to Canada as a permanent resident.

1973, c. 43, s. 44; 1977, c. 5, s. 229; 1994, c. 40, s. 40.

45. The Bureau may refuse to issue a permit to or enter on the roll any applicant who

(1)  has been the subject of a decision of a Canadian court finding him guilty of a criminal offence which, in the reasoned opinion of the Bureau, is related to the practice of the profession, unless he has obtained a pardon;

(2)  has been the subject of a decision of a foreign court finding him guilty of an offence which, if committed in Canada, could have led to criminal proceedings and which, in the reasoned opinion of the Bureau, is related to the practice of the profession, unless he has obtained a pardon;

(3)  has been the subject of a disciplinary decision made in Québec by the committee on discipline of an order, imposing the revocation of a permit;

(4)  has been the subject of a disciplinary decision made outside Québec which, if made in Québec, would have had the effect of a revocation of permit imposed by an order’s committee on discipline.

The Bureau may refuse to enter on the roll any applicant who

(1)  is the subject of a disciplinary decision made in Québec by the committee on discipline of an order, imposing a striking off the roll, including a striking off the roll pursuant to section 133;

(2)  is the subject of a disciplinary decision made outside Québec which, if made in Québec, would have had the effect of a striking off the roll imposed by an order’s committee on discipline, including a striking off the roll pursuant to section 133.

1973, c. 43, s. 45; 1974, c. 65, s. 7; 1994, c. 40, s. 40.

45.1. The Bureau may enter an applicant on the roll, but restrict or suspend his right to engage in professional activities, if that applicant

(1)  is the subject of a disciplinary decision made in Québec by the committee on discipline of an order, imposing the restriction or suspension of his right to engage in professional activities;

(2)  is the subject of a disciplinary decision made outside Québec which, if made in Québec, would have had the effect of a restriction or suspension of the right to engage in professional activities imposed by the committee on discipline of an order;

(3)  is or has been, as the case may be, the subject of a decision described in section 45.

1994, c. 40, s. 40.

45.2. A person must, in his application for a permit or for entry on the roll, as the case may be, inform the Bureau that he is or has been the subject of a judicial or disciplinary decision referred to in section 45 or 45.1.

1994, c. 40, s. 40.

46. Every person who applies therefor to the secretary of an order shall be entered on the roll of the order if he satisfies the following conditions:

(1)  he holds a permit issued by the Bureau of the order;

(2)  within the period fixed, he pays the assessments and other amounts owed by him to the order as well as the amount of the contribution owed by him under Chapter VIII.1;

(3)  within the period fixed, where applicable, he furnishes security for his professional liability or pays the amount fixed in accordance with subparagraph p of the first paragraph of section 86;

(4)  where applicable, he has paid the costs awarded against him by the committee on discipline or the Professions Tribunal and any fine imposed by either body and owed by him;

(5)  he has completed the formalities and paid the fees for entry on the roll as determined in accordance with paragraph 9 of section 86.01;

(6)  he satisfies the other conditions for entry on the roll prescribed by this Code or by the Act constituting the order.

1973, c. 43, s. 49; 1994, c. 40, s. 40; 1995, c. 50, s. 3.

47. The Québec Official Publisher shall not publish a notice in the Gazette officielle du Québec that a bill will be presented to the National Assembly to authorize a person to be admitted to the practice of a profession contemplated by this Code and the Secretary General of the National Assembly shall not receive such a bill or have it printed.

1973, c. 43, s. 50.

48. The Bureau of an order may order the medical examination of a person who is a member of such order or who applies for entry on the roll where it has reason to believe his physical or mental condition is incompatible with the practice of his profession.

1973, c. 43, s. 51; 1975, c. 80, s. 4; 1977, c. 66, s. 2; 1994, c. 40, s. 41.

49. The physical examination required by the Bureau shall be carried out by three physicians; one of these shall be designated by the Bureau, another, by the person contemplated and the third, by the first two.

If the person contemplated refuses or neglects to designate a physician or to inform the Bureau of the name of such physician within 20 days from the service of the order to submit to a medical examination, the Bureau instead of that person shall designate such physician.

If the first two physicians refuse or neglect to designate a third physician or to inform the Bureau of his name within 20 days from the appointment of the second of them, the Bureau instead of the first two physicians shall designate him.

The three designated physicians must file with the Bureau their opinions which together constitute the report of the medical examination of the person contemplated not later than 90 days after the designation of the last of them, unless the Bureau grants them an additional delay.

The expert’s fees shall be paid by the Bureau in the case of the physician it has designated, by the person contemplated in the case of the physician he or the Bureau, instead of him, as the case may be, has designated, and by the Bureau and the person contemplated, in equal shares, in the case of the third physician.

1977, c. 66, s. 2; 1988, c. 29, s. 7; 1994, c. 40, s. 42.

50. The order to submit to a medical examination is served on the person contemplated in accordance with the Code of Civil Procedure. Such order must state the reasons for the decision of the Bureau and the name of the physician designated by the Bureau, and must require the person contemplated to designate a physician in accordance with section 49 and to inform the Bureau of the name of such physician.

1977, c. 66, s. 2.

51. Where the person contemplated refuses to submit to the medical examination or where, according to the report of the three physicians, his physical or mental condition is incompatible with the practice of his profession, the Bureau may,

(a)  if such person is a member of the order, strike him off the roll or restrict or suspend his right to engage in professional activities;

(b)  if such person is not a member of the order, refuse to enter him on the roll, or allow his entry on the roll and restrict or suspend his right to engage in professional activities.

Every decision under the first paragraph, accompanied, where applicable, with the medical examination report on which it is based, must be served forthwith, in accordance with the Code of Civil Procedure (chapter C-25), on the person concerned.

1977, c. 66, s. 2; 1988, c. 29, s. 8; 1994, c. 40, s. 43.

52. No person whose right to practise has been restricted or suspended or who has been struck off the roll pursuant to a decision rendered by the Bureau under section 51 may resume his full right to practise or be entered on the roll, unless he applies therefor in writing to the Bureau.

The Bureau shall decide the application on the basis of the medical report furnished to it by the person concerned on the compatibility of his physical or mental condition, as the case may be, with the practice of the profession.

Where the report does not establish, to the satisfaction of the Bureau, the compatibility of the physical and mental condition of the person concerned with the practice of the profession, the Bureau may order another medical examination, and sections 49 to 51 apply.

1977, c. 66, s. 2; 1982, c. 32, s. 77; 1988, c. 29, s. 9.

53. A decision under section 51 or the second paragraph of section 52 is subject to appeal before the Professions Tribunal in accordance with the provisions of Division VIII of Chapter IV.

1977, c. 66, s. 2; 1988, c. 29, s. 9; 1994, c. 40, s. 44.

54. Every professional must refrain from practising his profession or performing certain professional acts to the extent that his state of health is an obstacle thereto.

1973, c. 43, s. 52.

55. The Bureau of an order may, on the recommendation of the professional inspection committee or the committee on discipline or in the cases determined by a regulation under paragraph j of section 94, require any member of the order to serve a period of refresher training or take a refresher course, or require him to do both.

Where the Bureau of an order requires a member of the order to serve a period of refresher training or take a refresher course, or requires him to do both, on the recommendation of the professional inspection committee or the committee on discipline or in the cases determined by a regulation under paragraph j of section 94, it may restrict or suspend his right to engage in professionnal activities for a specified period not exceeding the duration of the training period or course or of both.

1973, c. 43, s. 54; 1988, c. 29, s. 10; 1994, c. 40, s. 45.

55.1. The Bureau may, after giving the professional concerned the opportunity to make written representations, strike off the roll, or restrict or suspend the right to engage in professional activities of, any professional who

(1)  has been the subject of a decision of a Canadian court finding him guilty of a criminal offence which, in the reasoned opinion of the Bureau, is related to the practice of the profession, unless he has obtained a pardon;

(2)  has been the subject of a decision of a foreign court finding him guilty of an offence which, if committed in Canada, could have led to criminal proceedings and which, in the reasoned opinion of the Bureau, is related to the practice of the profession, unless he has obtained a pardon;

(3)  has been the subject of a disciplinary decision made in Québec by the committee on discipline of an order, imposing the revocation of a permit;

(4)  has been the subject of a disciplinary decision made outside Québec which, if made in Québec, would have had the effect of a revocation of permit imposed by the committee on discipline of an order;

(5)  is the subject of a disciplinary decision made in Québec by the committee on discipline of an order, imposing a striking off the roll, including a striking off the roll pursuant to section 133;

(6)  is the subject of a disciplinary decision made outside Québec which, if made in Québec, would have had the effect of a striking off the roll imposed by the committee on discipline of an order, including a striking off the roll pursuant to section 133;

(7)  is the subject of a disciplinary decision made in Québec by the committee on discipline of an order, imposing the restriction or suspension of his right to engage in professional activities;

(8)  is the subject of a disciplinary decision made outside Québec which, if made in Québec, would have had the effect of a restriction or suspension of the right to engage in professional activities imposed by the committee on discipline of an order.

The Bureau may accept a certified copy of the judicial or disciplinary decision referred to in the first paragraph as proof.

The Bureau must make its decision within six months after the day on which it is informed of the decision. The Bureau’s decision must be served on the professional immediately in accordance with the Code of Civil Procedure (chapter C-25); the decision may be appealed from to the Professions Tribunal in accordance with the provisions of Division VIII of Chapter IV.

1994, c. 40, s. 46.

56. When the Bureau of an order is informed or has reason to believe that the holder of a permit or specialist’s certificate has been guilty of fraud in obtaining such permit or certificate, it may request that an inquiry be made into the matter in accordance with Division VII.

If the fraud charged is maintained against the respondent, the committee on discipline shall revoke his permit or certificate, whether or not he is entered on the roll at that time.

1973, c. 43, s. 55; 1994, c. 40, s. 47.

57. No professional may refuse to provide services to a person because of the race, colour, sex, age, religion, national extraction or social origin of such person.

1973, c. 43, s. 56.

58. No person may use the title of specialist or act in such a way as to lead to the belief that he is a specialist unless he holds an appropriate specialist’s certificate.

1973, c. 43, s. 57.

59. Every professional who contravenes section 57 or 58 commits an act derogatory to the dignity of his profession.

1973, c. 43, s. 58.

59.1. The fact of a professional taking advantage of his professional relationship with a person to whom he is providing services, during that relationship, to have sexual relations with that person or to make improper gestures or remarks of a sexual nature, constitutes an act derogatory to the dignity of his profession.

1994, c. 40, s. 49.

59.2. No professional may engage in an act derogatory to the honour or dignity of his profession or to the discipline of the members of the order, or practise a profession, carry on a trade, enterprise or business or hold an office or function that is inconsistent with the honour, dignity or practice of his profession.

1994, c. 40, s. 49.

59.3. A professional must, within 10 days from the day on which he is himself informed, inform the secretary of the order of which he is a member that he is or has been the subject of a judicial or disciplinary decision referred to in section 55.1.

1994, c. 40, s. 49.

60. A professional shall elect domicile by informing the secretary of the order of which he is a member of the place where he principally practises his profession or, if he so chooses, his place of residence, within thirty days after he begins to practise; the domicile thus elected shall constitute his professional domicile. He must also inform the secretary of all the places where he practises his profession.

He must also advise the secretary of any change in this respect, within thirty days of the change.

Every member of an order the constituting Act of which mentions, for election purposes or for any consultation of members, the place of residence or domicile rather than his professional domicile, must inform the secretary of his order of any change in his place of residence or domicile, as the case may be, within thirty days of such change.

1973, c. 43, s. 59; 1974, c. 65, s. 8; 1994, c. 40, s. 50.

60.1. A service or product provided by a professional must conform with any statement he makes, or advertisement he places, concerning that service or product; the professional is bound by such statements or advertisements.

1990, c. 76, s. 2.

60.2. No professional may, by whatever means, make false, misleading or incomplete representations to a person having recourse to his services, in particular as to his level of competence or the scope or effectiveness of his services or of those generally offered by members of his profession.

1990, c. 76, s. 2.

60.3. No professional may, falsely, by whatever means,

(a)  ascribe particular advantages to a service or product;

(b)  claim that a pecuniary benefit will result from the use or acquisition of a service or product;

(c)  claim that a service or product complies with determined standards; or

(d)  ascribe certain performance characteristics to a service or product.

1990, c. 76, s. 2.

60.4. Every professional must preserve the secrecy of all confidential information that becomes known to him in the practice of his profession.

He may be released from his obligation of professional secrecy only with the authorization of his client or where so ordered by law.

1994, c. 40, s. 51.

60.5. Every professional must respect the right of his client to examine documents concerning him in any record established in his respect, and to obtain a copy of such documents.

However, a professional may refuse to allow access to the information contained in such records where their disclosure would be likely to cause serious harm to the client or to a third person.

1994, c. 40, s. 51.

60.6. Every professional must respect the right of his client to cause to be corrected any information that is inaccurate, incomplete or ambiguous with regard to the purpose for which it was collected, contained in a document concerning him in any record established in his respect.

He must also respect the right of his client to cause to be deleted any information that is outdated or not justified by the object of the record, or to prepare written comments and file them in the record.

1994, c. 40, s. 51.

DIVISION V ADMINISTRATION

§ 1 . — The Bureau

61. An order shall be administered by a Bureau consisting of a president and the following number of directors:

(a)  eight directors if the order has less than 500 members;

(b)  eight or sixteen directors as determined by regulation under paragraph e of section 93 if the order has between 500 and 1 500 members;

(c)  sixteen or twenty-four directors as determined by regulation under paragraph e of section 93 if the order has between 1 500 and 5 000 members;

(d)  twenty-four directors if the order has more than 5 000 members.

The president and all the directors must be domiciled in Québec; if the president or any director ceases to be domiciled in Québec during his term, he is deemed to have resigned.

1973, c. 43, s. 60; 1983, c. 54, s. 16; 1988, c. 29, s. 11; 1994, c. 40, s. 52.

62. The Bureau shall have the general administration of the affairs of the order and shall see to the application of this Code, the Act or the letters patent constituting the order, the amalgamation or integration order and the regulations made under this Code or such Act. It shall exercise all the rights, powers and prerogatives of the order, except those within the competence of the members of the order in general meeting.

1973, c. 43, s. 61; 1994, c. 40, s. 53; 1998, c. 14, s. 7.

63. The president and the directors contemplated in section 66 shall be elected before the annual general meeting of the members of the order; the election of the president according to the mode described in subparagraph b of the first paragraph of section 64 may however take place after such meeting.

They shall be elected on the dates and for the terms not exceeding four years fixed by the regulations of the order; they shall be reeligible.

On the advice of the secretary of an order, the Office may order that an election be held on the date it fixes, where

(1)  an election has not been held in accordance with the first and second paragraphs or in accordance with the Act constituting the professional order; or

(2)  the Bureau does not have a quorum by reason of a vacancy.

The Office may again order that an election be held on the date it fixes or may appoint an eligible person to a vacant office for the unexpired portion of the term of the director whom he replaces where

(1)  the election ordered by the Office under the third paragraph has not been held; or

(2)  the Bureau does not have a quorum despite the holding of the election ordered under the third paragraph.

The Office may appoint an eligible person to a vacant office for the unexpired portion of the term of the director whom he replaces, where

(1)  the election ordered by the Office under the fourth paragraph has not been held; or

(2)  the Bureau does not have a quorum despite the holding of the election ordered under the fourth paragraph.

1973, c. 43, s. 62; 1974, c. 65, s. 9; 1988, c. 29, s. 12; 1994, c. 40, s. 54.

64. The president shall be elected by one of the following modes, determined by the general meeting:

(a)  by a general vote of the members of the order, by secret ballot;

(b)  by the vote of the elected directors, who shall elect the president from among their number by secret ballot.

If the president is elected in accordance with subparagraph b of the preceding paragraph, the Bureau shall be deemed regularly constituted notwithstanding that the number of directors is reduced by one.

No member may be a candidate, at the same time, for the office of president and for the office of director.

1973, c. 43, s. 63; 1974, c. 65, s. 10; 1988, c. 29, s. 13; 1994, c. 40, s. 55.

65. To ensure adequate regional representation on the Bureau of the order, the Bureau shall, by regulation, determine the number of regions, delimit them an establish how each such region is to be represented in terms of the number of elected directors on the Bureau of the order. Such regions shall be delimited with reference to the description and map of the boundaries in Schedule I to order in council 2000-87 dated 22 December 1987, concerning the revision of the boundaries of the administrative regions of Québec, as amended.

If the number of members of the order is not sufficient to justify dividing the territory of Québec into regions, the Bureau may prescribe by regulation that all of such territory shall constitute a single region.

The regulation may provide, within the Bureau, for representation of the sectors of professional activity of the members of the order and, for that purpose, may determine the activity sectors concerned, fix the number of directors representing them and establish how the sectors are to be represented among the directors.

1973, c. 43, s. 64; 1974, c. 65, s. 109; 1988, c. 29, s. 14; 1994, c. 40, s. 56.

66. Where the Bureau consists of eight directors, six directors shall be elected in accordance with the regulations made under section 65.

Where the Bureau consists of sixteen directors, thirteen shall be elected in accordance with the regulations made under section 65.

Where the Bureau consists of twenty-four directors, twenty shall be elected in accordance with the regulations made under section 65.

1973, c. 43, s. 65; 1983, c. 54, s. 17.

66.1. Only those members of the order who are entered on the roll 45 days or more before the date fixed for the closing of the poll may be candidates.

Only those members of the order who have their professional domiciles in a particular region may be candidates in that region.

1983, c. 54, s. 17; 1994, c. 40, s. 57.

67. Candidates for the office of director shall be proposed by way of a nomination paper signed by the candidate and delivered to the secretary of the order at least thirty days before the date fixed for the closing of the poll. The nomination paper must also be signed by five members of the order or by the number of members prescribed by regulation of the order.

The same applies to the candidates for the office of president, if the president is elected by a general vote of the members of the order.

If only one candidate is proposed for an office within the fixed delay, the secretary shall immediately declare him elected.

1973, c. 43, s. 66; 1974, c. 65, s. 11; 1988, c. 29, s. 15; 1994, c. 40, s. 58.

68. Only those professionals who have their professional domiciles in a particular region may sign the nomination paper of a candidate for the office of director in that region.

1973, c. 43, s. 67; 1994, c. 40, s. 59.

69. At least fifteen days before the date fixed for the closing of the poll, the secretary of the order shall send to each member of the order entitled to vote the following documents at the same time as he advises him of such date:

(a)  a ballot paper certified by the secretary, stating the names of the candidates for the office of director in the region in which each member may exercise his right to vote and an envelope in which to insert the ballet paper, bearing the words “BALLOT PAPER DIRECTOR” and the name of the order;

(b)  where the president is elected by a general vote of the members of the order, ballot paper certified by the secretary stating the names of the candidates for the office of president and an envelope in which to insert the ballot paper, bearing the words “BALLOT PAPER PRESIDENT” and the name of the order;

(c)  an envelope addressed to the secretary of the order bearing the word “ELECTION”, the name of the voter, his address and the name of the region in which he may exercise his right to vote;

(d)  any other document prescribed by regulation of the Bureau, where applicable.

1973, c. 43, s. 68; 1974, c. 65, s. 12; 1977, c. 66, s. 4; 1988, c. 29, s. 16; 1994, c. 40, s. 60.

70. All the ballot papers and envelopes to be used at an election shall be in the same form and as nearly alike as possible.

Each ballot shall contain a small space on the right of the name of each candidate in the form of a square reserved for voting.

1973, c. 43, s. 69; 1983, c. 54, s. 18.

71. Only the persons who were members of the order 45 days before the date fixed for the closing of the poll may vote.

They shall cast their vote by making a cross, an “X”, a check or a line on the ballot paper within one or more of the squares reserved for voting, according to whether there are one or more candidates to be elected.

1973, c. 43, s. 70; 1974, c. 65, s. 13; 1977, c. 66, s. 5; 1983, c. 54, s. 19; 1994, c. 40, s. 61.

72. The voter shall send his ballot paper, or his ballot papers if the president is elected by a general vote, to the secretary of the order in the envelope referred to in paragraph c of section 69 sent to him for that purpose.

1973, c. 43, s. 71; 1983, c. 54, s. 20; 1988, c. 29, s. 17; 1994, c. 40, s. 62.

73. The secretary of the order shall, without opening them, deposit in a sealed ballot box all the envelopes containing ballot papers he receives before the closing of the poll.

1973, c. 43, s. 72; 1994, c. 40, s. 63.

74. Within ten days following the date of the closing of the poll, the secretary of the order shall proceed to the counting of the votes in the presence of the scrutineers designated by the Bureau; the number of such scrutineers must be three or such greater number as the Bureau may fix by regulation.

In case of a tie-vote, a drawing of lots determines which candidate is elected.

1973, c. 43, s. 73; 1974, c. 65, s. 14; 1975, c. 80, s. 5; 1994, c. 40, s. 64.

75. The elected directors must have their professional domiciles in the region or one of the regions they represent.

An elected director shall be considered to have resigned from the time he ceases to have his professional domicile in the region or one of the regions he represents.

The first and second paragraphs do not apply to the elected director who holds the office of president.

1973, c. 43, s. 74; 1994, c. 40, s. 65.

76. The president and the directors elected must be members of the order.

They shall enter into office on the date and at the time fixed under paragraph b of section 93 and remain in office until their death, resignation, replacement or striking off the roll.

1973, c. 43, s. 75; 1974, c. 65, s. 15; 1988, c. 29, s. 18; 1994, c. 40, s. 66.

77. If the number of candidates elected is less than the number of offices to be filled, the vacant positions shall be filled by members of the order appointed by those who have been elected members of the Bureau. The persons so appointed shall be considered as elected directors of the Bureau.

1973, c. 43, s. 76; 1994, c. 40, s. 67.

78. Where the Bureau consists of eight directors, two directors of whom at least one is not a member of a professional order shall be appointed by the Office after consultation with the Interprofessional Council and the different socio-economic groups.

Where the Bureau consists of sixteen directors, three directors of whom at least two are not members of a professional order shall be appointed by the Office after a similar consultation.

Where the Bureau consists of twenty-four directors, four directors of whom at least two are not members of a professional order shall be appointed by the Office after similar consultation.

The directors appointed by the Office by virtue of this Code or of the incorporating act of an order shall be appointed for the same term as the elected directors and shall perform the same duties, have the same powers and be subject to the same obligations as the latter. The directors appointed by the Office shall be entitled, to the extent and on the conditions determined by the Government, to an attendance allowance and to the reimbursement of reasonable expenses incurred by them in the performance of their duties. The allowance and the amount of reimbursement shall be payable by the Office.

Notwithstanding any inconsistent provision, the directors appointed by the Office shall form an integral part of the Bureau as and when they take office.

1973, c. 43, s. 77; 1974, c. 65, s. 16, s. 109; 1977, c. 66, s. 6; 1983, c. 54, s. 21; 1994, c. 40, s. 68; 1995, c. 50, s. 4.

79. Any vacancy in the office of an elected director shall be filled by an election by secret ballot held among the elected members of the Bureau. The term of office of the person so elected shall end upon the expiry of that of the person whom he replaces.

The new director shall have his professional domicile in the region or one of the regions represented by the director whom he replaces.

Any vacancy in the office of an appointed director shall be filled for the unexpired portion of the term by a new director appointed by the Office in accordance with section 78.

Every director who fails, without a reason considered valid by the Bureau, to attend three consecutive meetings of the Bureau or to express his opinion through a means of communication and subject to the conditions prescribed by regulation under paragraph b of section 94 shall be replaced in accordance with the provisions applicable in cases of vacancy.

1973, c. 43, s. 78; 1974, c. 65, s. 109; 1988, c. 29, s. 19; 1994, c. 40, s. 69.

80. The president shall exercise a right of general supervision over the affairs of the order and shall preside at the meetings of the members of the Bureau and over the proceedings at general meetings; he shall be responsible for the administration of the affairs of the Bureau and the application of its decisions and those of the members of the order at meetings; he shall co-ordinate the work of the Bureau and of the meeting and ensure its continuity.

1973, c. 43, s. 79; 1994, c. 40, s. 70.

81. If the office of president becomes vacant, the president shall be replaced for the unexpired portion of his term by one of the elected directors designated by resolution of the Bureau.

1973, c. 43, s. 80.

82. The members of the Bureau shall meet at least once every four months and not less than four times a year.

1973, c. 43, s. 81; 1975, c. 80, s. 6.

83. Special meetings of the Bureau shall be held at the request of the president or one-quarter of the members of the Bureau.

1973, c. 43, s. 82.

84. A majority of the members of the Bureau shall constitute a quorum; every decision shall be taken by a majority of the members present or of those members who express their opinion on the decision through a means of communication and subject to the conditions prescribed by regulation under paragraph b of section 94.

The members must vote or express their opinion in accordance with a regulation under paragraph b of section 94, except where there is an impediment thereto under a regulation or a ground for recusation considered sufficient by the president.

In the case of a tie-vote, the president shall have a casting vote.

1973, c. 43, s. 83; 1988, c. 29, s. 20.

85. Notwithstanding any inconsistent provision, the vote of two-thirds of the members of the Bureau is required to dismiss from office the secretary of the order, the syndic, an assistant or corresponding syndic, an investigator assisting the professional inspection committee and a person contemplated by a regulation adopted under paragraph a of section 94.

The Bureau may adopt a resolution to dismiss a syndic or an assistant or corresponding syndic only if a written notice is sent to him not less than 30 days before the date of the meeting at which the resolution is to be proposed.

The notice calling the syndic or the assistant or corresponding syndic to the meeting shall set out the reasons for the proposed dismissal and inform him of his right to be heard by the Bureau.

The Bureau shall notify the Office of the reasons for the dismissal of the syndic or the assistant or corresponding syndic within 30 days of its decision.

1977, c. 66, s. 7; 1994, c. 40, s. 71.

86. The Bureau shall by resolution:

(a)  prepare, keep up to date and publish the roll of the members of the order according to the standards prescribed by regulation of the Office adopted pursuant to paragraph a of subparagraph 6 of the third paragraph of section 12;

(b)  fix the date, time and place of the annual general meeting of the members of the order;

(c)  (subparagraph repealed);

(d)  appoint the president or another member as representative of the order on the Interprofessional Council;

(e)  appoint the secretary, the assistant secretary and other employees whom it considers necessary, fix their remuneration and agree with them on the conditions of their engagement;

(f)  determine the duties and functions of the secretary and other employees of the order;

(g)  recognize, in accordance with the standards prescribed under paragraph c of section 93, the equivalence of the diplomas issued by a teaching establishment situated outside Québec, for the purposes of issuing a permit or specialist’s certificate, and the equivalence of the training of a person who does not hold a diploma, for the same purposes;

(h)  (subparagraph repealed);

(i)  issue specialist’s certificates to members of the order entitled to receive them in accordance with the regulations;

(j)  organize activities refresher courses or training periods for the members of the order;

(k)  fix the amount of the annual assessment and, where applicable, of any additional assessment to be paid by the members or certain classes of members established on the basis of the professional activities in which they engage, and the date before which such assessment must be paid;

(l)  strike off the roll the members of the order who

i.  do not pay within the fixed time limit the assessment owing by them to the order;

ii.  within the fixed time limit have not furnished security against professional liability or who have not paid the amount fixed in accordance with subparagraph p of the first paragraph of this section;

(m)  give any advice it considers expedient to the Minister, the Office, the Interprofessional Council, teaching establishments or any other person or body it sees fit;

(n)  (subparagraph repealed);

(o)  (subparagraph repealed);

(p)  establish, pursuant to the regulation made under paragraph d of section 93, the amount required to defray the operating cost of the group plan or of the professional liability insurance fund, apportion the prescribed amount among all the members of the order or certain classes of them, and determine when and where that amount must be paid, the whole in accordance with the terms and conditions it determines; for that purpose, the Bureau may, in particular, fix the amount payable by a member on the basis of the risk represented by the class to which he belongs, with regard to the claims filed under the group plan or the professional liability insurance fund from 23 June 1987 for any fault or negligence committed by that member in the practice of his profession.

That amount includes premiums, administration costs, contributions to the group plan or professional liability insurance fund and any other expenses inherent in the operation of such a plan.

Notwithstanding section 96, the administrative committee is not authorized to exercise the powers provided for in the first paragraph of this subparagraph;

(q)  designate, for the purposes of the regulation under the third paragraph of section 91, a provisional custodian and fix his remuneration, his responsibilities and powers and the conditions of the recovery of expenses incurred in his capacity as custodian from a professional or his assigns;

(r)  fix the duration, content, objectives, terms and conditions of a period of refresher training or a refresher course imposed on a professional under this Code;

(s)  impose on its members and the employees of the order the requirement to take an oath or make an affirmation of discretion, and establish the form thereof;

(t)  cooperate, in accordance with the terms and conditions fixed under the second paragraph of section 184, in the development and review of programs of study leading to diplomas giving access to a permit or a specialist’s certificate, the standards that the Bureau must fix by a regulation made under paragraph c of section 93 and, where applicable, the other terms and conditions that the Bureau may determine by a regulation made under paragraph i of section 94 together with the standards of equivalence applicable to the terms and conditions that the Bureau may fix in that regulation.

Every resolution passed by the Bureau under subparagraph k of the first paragraph must, to come into force, be approved by a majority of the members of the order who vote on the matter, except in the case of a resolution fixing an increase in assessment that has become necessary to enable the order to satisfy the obligations imposed on it by a regulation of the Office under subparagraph 6 of the third paragraph of section 12 or of the Government under section 184, to pay the expenses due to the indemnity fund, or expenses for the procedure for recognizing the equivalence of diplomas issued outside Québec or the equivalence of training or for the application of the provisions of this Code respecting professional discipline or inspection.

A resolution fixing an annual assessment shall be applicable for the year for which such assessment has been fixed and it shall remain applicable, so long as it is not amended, for each subsequent year.

1973, c. 43, s. 84; 1974, c. 65, s. 17, s. 109; 1975, c. 80, s. 7; 1977, c. 66, s. 8; 1983, c. 54, s. 22; 1987, c. 54, s. 33; 1988, c. 29, s. 21; 1989, c. 38, s. 319; 1994, c. 40, s. 72.

86.0.1. The Bureau may, in particular, by resolution,

(1)  publish any periodical, leaflet or information concerning the activities of the order or its members;

(2)  form committees, determine their powers and fix the salary, fees or indemnities of their members;

(3)  establish a benevolent fund or a pension plan, in accordance with the Supplemental Pension Plans Act (chapter R-15.1), for the benefit of the members or employees of the order;

(4)  establish and administer a retirement fund for the members of the order and organize group insurance plans on their behalf;

(5)  establish and administer a contingency fund, the assets of which are invested in accordance with articles 1339 to 1334 of the Civil Code of Québec, for the benefit of members of the order in need;

(6)  establish and administer a fund to promote training, information, the quality of professional services and research;

(7)  enter, with any body, into an agreement that complies with the standards established by regulation under paragraph c of section 93 and concerning the equivalence of diplomas, or the standards established by regulation under paragraph i of section 94 and concerning the equivalence of the terms and conditions determined in the regulation, to facilitate recognition of the equivalence of diplomas issued by educational institutions situated outside Québec for the purpose of issuing a permit or a specialist’s certificate, and recognition of the equivalence of the other terms and conditions of issue of permits, specialist’s certificates or special authorizations;

(8)  prescribe the fees payable by candidates wishing to practise the profession or obtain a specialist’s certificate;

(9)  determine the formalities and fees relating to entry on the roll and to applications for special authorization;

(10)  require any person applying for a permit or for entry on the roll to take the oath or make the solemn affirmation in the form established by the Bureau;

(11)  prescribe that fees in the amount fixed by the Office pursuant to paragraph 2 of section 12.3, shall be charged to a person who requests an opinion from the review committee in accordance with section 123.4;

(12)  suggest a tariff of professional fees that the members of the order may apply in respect of the professional services they render.

1994, c. 40, s. 73.

86.1. The Bureau may, by resolution, set up a professional liability insurance fund and administer it in accordance with the Act respecting insurance (chapter A-32).

The resolution is effective only if the Minister of Finance authorizes the professional order to act as insurer to insure its members in respect of professional liability pursuant to a regulation adopted under paragraph d of section 93.

Where so prescribed by resolution of the Bureau, claims based on the professional liability of former members of the order by reason of professional fault or negligence committed while they were members of the order must be satisfied out of the fund’s equity and according to the limits and the terms and conditions set out in the resolution.

Nothing in this Code shall prevent a professional order from setting up, acquiring or managing an insurance company to insure its members in respect of professional liability.

Notwithstanding section 96, the administrative committee is not authorized to exercise the powers provided for in the first and third paragraphs.

1987, c. 54, s. 34; 1990, c. 52, s. 1; 1994, c. 40, s. 74.

87. The Bureau must make, by regulation, a code of ethics governing the general and special duties of the professional towards the public, his clients and his profession, particularly the duty to discharge his professional obligations with integrity. Such code must contain, inter alia:

(1)  provisions determining which acts are derogatory to the dignity of the profession;

(2)  provisions defining, if applicable, the professions, trades, industries, businesses, offices or duties incompatible with the dignity or practice of the profession;

(3)  provisions to preserve the secrecy of confidential information that becomes known to the members of the order in the practice of their profession;

(4)  provisions setting out the conditions and procedure applicable to the exercise of the rights of access and correction provided for in sections 60.5 and 60.6, and provisions concerning a professional’s obligation to release documents to his client;

(5)  provisions setting out conditions, obligations and, where applicable, prohibitions in respect of advertising by the members of the order.

1973, c. 43, s. 85; 1975, c. 80, s. 8; 1990, c. 76, s. 3; 1994, c. 40, s. 75.

88. The Bureau must establish, by regulation, a conciliation and arbitration procedure for the accounts of the members of the order which may be used by persons having recourse to the services of the members.

The regulation shall include

(1)  provisions allowing a person to avail himself of the procedure if he has already paid the account in whole or in part, provided the application for conciliation is made within 45 days after the day he receives the account. The Bureau may extend the time limit up to a maximum of one year. Where the member has withdrawn or withheld sums from funds he holds or has received for or on behalf of the person, the time limit runs from the time the person becomes aware that such sums have been withdrawn or withheld;

(2)  provisions for the setting up of a council of arbitration with the power to determine the amount of any reimbursement to which a person may be entitled;

(3)  provisions for the arbitration of accounts by a council of arbitration composed of one or three arbitrators, according to the amount of the dispute as prescribed in the regulation.

The regulation may provide that where the fees or the specific terms and conditions allowing to determine the fees are fixed in a written agreement between the member and the person, the procedure may be used only to ensure that the services rendered are in conformity with the said agreement.

The regulation may also contain provisions which, when all or part of the account in dispute is maintained or when a reimbursement is granted, enable the council of arbitration to add interest and an indemnity, computed in accordance with articles 1618 and 1619 of the Civil Code, from the date of the application for conciliation.

The member may not institute proceedings in respect of an account until the time allowed to apply for conciliation has expired. However, the member may institute proceedings before that time has expired, with the authorization of the person indicated by regulation of the Bureau, where there is a risk that recovery of the account will be imperilled unless proceedings are instituted.

1973, c. 43, s. 86; 1974, c. 65, s. 18; 1988, c. 29, s. 22; 1994, c. 40, s. 76.

89. The Bureau of an order whose members are called upon to hold sums of money or other securities for the account of their clients must, subject to the provisions of the Public Curator Act (chapter C‐81) pertaining to unclaimed property, determine by regulation the terms, conditions and standards for receipt, custody and disposition of the sums of money and securities so held, and the terms, conditions and standards relating to the keeping and auditing of trust accounts, books and registers of such members. The regulation shall establish an indemnity fund to be used to repay the amounts of money or other securities used by a professional for purposes other than those for which they had been delivered to him in the practice of his profession and it shall fix the rules of administration and of investment of the sums of money making up the fund.

The regulation shall determine the terms and conditions applicable to the filing of claims addressed to the fund and to the payments made by the latter.

The regulation may, in addition,

(1)  fix the maximum amount that the fund may pay to a claimant in respect of the same professional;

(2)  fix the maximum amount that the fund may pay to all the claimants in respect of the same professional.

Where a maximum amount is fixed by regulation pursuant to subparagraph 2 of the preceding paragraph and, after application of the limit prescribed pursuant to subparagraph 1 of the same paragraph, if any, the total of the claims against the same professional exceeds the maximum amount thus fixed, the indemnity shall be distributed in proportion to the amount of each claim.

1973, c. 43, s. 87; 1974, c. 65, s. 19; 1988, c. 29, s. 23; 1990, c. 52, s. 2; 1994, c. 40, s. 77; 1997, c. 80, s. 56.

90. The Bureau must determine, by regulation, the composition, the number of members and the procedure of the professional inspection committee of the order.

1973, c. 43, s. 88; 1988, c. 29, s. 24; 1994, c. 40, s. 78.

91. The Bureau must, by regulation, determine standards concerning the keeping, holding and maintenance by a professional in the practice of his profession of records, books, registers, medications, poisons, products, substances, apparatus and equipment as well as property entrusted to him by a client, and determine standards concerning the keeping by a professional of a consulting room and other offices.

It must also, in the regulation, determine the rules, terms, conditions and formalities for the preservation, use, management, administration, transfer, assignment, provisional custody and destruction of the records, books, registers, medications, poisons, products, substances, apparatus and equipment of a professional, and the rules, terms, conditions and formalities for the preservation, use, management, administration and provisional custody of property entrusted to him by a client, applicable in the event of his death or his being struck off the roll or ceasing to practise, or in the event of his right to practise being restricted or suspended, his permit being revoked or his accepting an office which prevents him from completing the mandates that have been entrusted to him.

The regulation may prescribe the appointment of a provisional custodian.

1973, c. 43, s. 89; 1988, c. 29, s. 25; 1994, c. 40, s. 79.

92. (Repealed).

1973, c. 43, s. 90; 1990, c. 76, s. 4.

93. The Bureau must, by regulation,

(a)  fix the quorum for general meetings of the members of the order and the manner of calling such meetings;

(b)  fix the date of and procedure for the election of the president and the elected directors, the date and the time they take office and their term of office;

(c)  prescribe standards for equivalence of diplomas issued by educational establishments situated outside Québec, for the purposes of issuing a permit or specialist’s certificate, and standards of equivalence of the training of a person who does not hold a diploma required for such purposes;

(d)  impose on the members of the order or certain classes of them, on the basis of the risk they represent, in particular on those who practise for their own account, the obligation to furnish a security, by means of an insurance contract or a surety bond by any other means determined by the regulation, against any liability they may incur owing to fault or negligence in the practice of their profession, or the obligation to join a group plan contract entered into by the order or to contribute to a professional liability insurance fund established for such purposes in accordance with section 86.1;

(e)  fix, in accordance with section 61, the number of directors of the Bureau;

(f)  determine the location of the head office of the order.

1973, c. 43, s. 91; 1988, c. 29, s. 26; 1994, c. 40, s. 80.

94. The Bureau may, by regulation:

(a)  establish rules for the carrying on of its business, the administration of its property and the remuneration of its elected members, establish rules for the carrying on of the business of the administrative committee and determine the offices within the order whose holders shall not be dismissed except in accordance with section 85;

(b)  determine the means of communication through which members of the Bureau or the administrative committee who are not present or physically in attendance at the place where a meeting of the Bureau or a sitting of the committee, as the case may be, is being held may express their opinion for the purpose of making a decision, prescribe conditions for the use of such means of communication and, for the purposes of the fourth paragraph of section 79, the second paragraph of section 84 and the second paragraph of section 99, determine what constitutes a failure to express one’s opinion or an impediment, as the case may be;

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(e)  define the different classes of specialization within the profession;

(f)  (paragraph repealed);

(g)  (paragraph repealed);

(h)  determine, among the professional acts that may be engaged in by members of the order, those that may be engaged in by the persons or categories of persons indicated in the regulation, in particular persons serving a period of professional training determined pursuant to paragraph i, and the terms and conditions on which such persons may engage in such acts;

(i)  determine the other terms and conditions for issuing permits, specialist’s certificates or special authorizations, in particular the obligation to serve the periods of professional training and to pass the professional examinations it determines; the regulation may also fix standards of equivalence applicable to the terms and conditions determined therein;

(j)  determine cases where a professional may be required to serve a period of refresher training or take a refresher course, or required to do both;

(k)  (paragraph repealed);

(l)  (paragraph repealed);

(m)  determine categories of permits on the basis of the professional activities that the members may engage in or the titles they may use, and the conditions and restrictions to which members must submit when engaging in such activities or using such titles.

1973, c. 43, s. 92; 1974, c. 65, s. 92; 1975, c. 80, s. 9; 1977, c. 66, s. 9; 1983, c. 54, s. 23; 1987, c. 54, s. 35; 1988, c. 29, s. 27; 1994, c. 40, s. 81.

94.1. The Bureau may, in a regulation that it is authorized to make under this Code or under an Act constituting the professional order, make compulsory a standard established by a government or body. It may provide that reference to such a standard includes any subsequent amendment made to it.

1994, c. 40, s. 82.

95. Subject to sections 95.1 and 95.2, every regulation made by the Bureau under this Code or an Act constituting a professional order shall be transmitted to the Office for examination; it shall be submitted, with the recommendation of the Office, to the Government which may approve it with or without amendment.

1973, c. 43, s. 93; 1974, c. 65, s. 21; 1988, c. 29, s. 28; 1994, c. 40, s. 83.

95.1. Every regulation adopted by the Bureau under section 65, paragraphs a, b, e and f of section 93, or paragraphs a and b of section 94 shall be transmitted to the Office for deposit and shall come into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec or on any later date indicated in the regulation.

1994, c. 40, s. 84.

95.2. A regulation adopted by the Bureau under section 90 or 91, paragraph d of section 93, or paragraph j of section 94 shall be transmitted for examination to the Office, which may approve it with or without amendment.

Section 8 of the Regulations Act (chapter R-18.1) does not apply to a regulation referred to in the first paragraph.

Where the Office has not approved a regulation transmitted to it under the first paragraph within 90 days of receipt, it must, at the end of that period, inform the Bureau, in writing, that the regulation has not been approved and report to it on the progress of the examination. Until the regulation has been approved, the Office must, every 60 days after the expiry of the 90-day period,inform the Bureau in writing that the regulation has not been approved and report to it on the progress of the examination.

1994, c. 40, s. 84.

95.3. No regulation may be adopted by the Bureau under section 87, 88, 89, 90 or 91, paragraph d of section 93 or paragraph j of section 94 unless the secretary of the order has sent a draft of it to every member of the order at least 30 days before its adoption by the Bureau.

1994, c. 40, s. 84.

95.4. The secretary of the order shall send a copy of every regulation in force adopted by the Bureau, or adopted by the Government pursuant to section 183, to the members of the order and the appointed directors.

1994, c. 40, s. 84.

§ 2 . — Administrative Committee

96. When a Bureau consists of sixteen or more members, an administrative committee of five members shall see to the day to day administration of the order’s affairs and may exercise all the powers delegated to it by the Bureau; however, the Bureau cannot delegate to it the power to make regulations.

In other cases, such a committee may be constituted for the same purposes.

1973, c. 43, s. 94; 1988, c. 29, s. 29; 1994, c. 40, s. 85.

97. The president of an order shall be a member exofficio and the chairman of such committee; three members of such committee shall be designated by annual vote of the elected members of the Bureau from among such members; the other member of such committee shall be designated by the annual vote of the members of the Bureau from among the members appointed by the Office and, notwithstanding section 96, he shall form an integral part of the committee from such designation.

The vote provided for in the first paragraph shall be held each year at the time determined by resolution of the Bureau.

1973, c. 43, s. 95; 1974, c. 65, s. 22, s. 109; 1975, c. 80, s. 10; 1994, c. 40, s. 86.

98. The members of the administrative committee shall remain in office until replaced by their successors.

1973, c. 43, s. 96.

99. Any vacancy occurring in the administrative committee shall be filled according to the mode of appointment provided for the member to be replaced.

When a member of the administrative committee fails to attend three consecutive sittings or fails to express his opinion through a means of communication and subject to the conditions prescribed by regulation under paragraph b of section 94 without a reason considered valid by the committee, he is deemed to have resigned from such office and shall be replaced in the same manner as if his office was vacant.

1973, c. 43, s. 97; 1988, c. 29, s. 30.

100. The administrative committee shall hold its sittings on the dates and at the places determined by it or its chairman. It shall hold at least one sitting every six weeks.

Three members shall constitute a quorum at a sitting of the administrative committee.

Every decision shall be taken by a majority of the members present or of those members who express their opinion through a means of communication and subject to the conditions prescribed by regulation under paragraph b of section 94.

In the case of a tie vote, the chairman has a casting vote.

1973, c. 43, s. 98; 1988, c. 29, s. 31; 1994, c. 40, s. 87.

101. At each meeting of the Bureau, the president shall report to it on the activities of the administrative committee.

1973, c. 43, s. 99; 1994, c. 40, s. 88.

§ 3 . — General Meetings

102. Every general meeting of the members of an order shall be called by the secretary of the order in the manner prescribed by a regulation under paragraph a of section 93.

Directors who are not members of the order shall be called to such meeting in the same manner; they shall have the right to speak but not to vote.

1973, c. 43, s. 100; 1988, c. 29, s. 32; 1994, c. 40, s. 89.

103. The annual general meeting of the members of an order shall be held within six months after the end of the fiscal year of such order.

1973, c. 43, s. 101; 1988, c. 29, s. 33; 1994, c. 40, s. 90.

104. During the annual general meeting, the members of the order shall elect the auditors responsible for auditing its books and accounts and the president of the order shall submit a report of the activities of the Bureau and the financial statement of the order. Such report must comply with the standards prescribed by regulation of the Office under paragraph b of subparagraph 6 of the third paragraph of section 12 and it shall in particular mention the number of permits of each category issued during the preceding fiscal year.

Such report shall then be sent to the Office and to the Minister who shall lay it before the National Assembly within thirty days after it is received if the National Assembly is in session or, if it is not, within ten days after resumption.

1973, c. 43, s. 102; 1974, c. 65, s. 109; 1994, c. 40, s. 91.

105. The quorum for a general meeting of the members of an order is fixed by regulation of the Bureau in accordance with paragraph a of section 93.

1973, c. 43, s. 103; 1988, c. 29, s. 34; 1994, c. 40, s. 92.

106. A special general meeting of the members of an order shall be held at the request of the president of the order, at the request of the Bureau or at the written request of the number of members required to constitute a quorum at such meeting. Such request shall be addressed to the secretary, who must then call the meeting in accordance with section 102 at least five days before the date fixed for the meeting.

1973, c. 43, s. 104; 1994, c. 40, s. 93.

§ 4 . — Fiscal provisions

107. The books and accounts of an order shall be audited each year and whenever the Government so orders.

1973, c. 43, s. 105; 1994, c. 40, s. 94.

108. The fiscal year of an order shall end on 31 March.

1973, c. 43, s. 106; 1994, c. 40, s. 95.

DIVISION VI PROFESSIONAL INSPECTION

109. A professional inspection committee is established within each order.

Such committee shall consist of not less than three members appointed by the Bureau which shall designate a chairman from among them.

Three members, or such greater number as the Bureau may fix by regulation, including the chairman, shall be a quorum of the committee. If there is a sufficient number of members on the committee, it may sit in divisions of three members, including the chairman or another member of the committee designated by the chairman to act as chairman of a division.

1973, c. 43, s. 107; 1975, c. 80, s. 11; 1994, c. 40, s. 96.

110. When a member of the committee is unable to act by reason of absence or illness or for any other cause, he may be replaced by a person appointed to perform his duties while he is unable to act.

1973, c. 43, s. 108; 1994, c. 40, s. 97.

111. Each member of the committee, inspector, investigator or expert shall take the oath or make the solemn affirmation contained in Schedule II.

1973, c. 43, s. 109; 1974, c. 65, s. 23; 1994, c. 40, s. 98.

112. The committee shall supervise the practice of the profession by the members of the order and it shall in particular inspect their records, books, registers, medications, poisons, products, substances, apparatus and equipment relating to such practice, and inspect the property entrusted to them by their clients. For that purpose, the Bureau may appoint inspectors to assist the committee; the committee may also act on its own initiative by selecting inspectors from among those whose names appear on a list that may be established by the Bureau.

At the request of the Bureau, the committee or one of its members shall inquire into the professional competence of any member of the order indicated by the Bureau; the committee or one of its members may also act of his own initiative in this regard. The committee or one of its members may, with the authorization of the Bureau, retain the services of experts for the purposes of such inquiry. The Bureau may also appoint investigators to assist the committee in the exercise of its functions or one of its members in the performance of his duties; the committee may also act on its own initiative by selecting investigators from among those whose names appear on a list that may be established by the Bureau.

The inspectors and investigators must be members of the order.

The committee shall make a report to the Bureau on its activities with the recommendations it considers appropriate.

In addition, the committee shall inform the syndic where it has reasonable grounds to believe that a professional has committed an offence referred to in the second paragraph of section 116.

1973, c. 43, s. 110; 1974, c. 65, s. 24; 1988, c. 29, s. 35; 1994, c. 40, s. 99.

113. The professional inspection committee may recommend to the Bureau of an order that it require a member of the order to serve a period of refresher training or take a refresher course, or require him to do both and that it restrict or suspend his right to engage in professional activities during the training period or course, or both, for the reason indicated by the committee.

1973, c. 43, s. 111; 1988, c. 29, s. 36; 1994, c. 40, s. 100.

114. It is forbidden to hinder in any way a member of the committee, an inspector, an investigator or an expert, in the performance of the duties conferred upon him by this Code, to mislead him by concealment or false declarations, refuse to furnish him with any information or document relating to an inspection or inquiry carried out by him under this Code or to refuse to let him take copy of such a document.

1973, c. 43, s. 112; 1974, c. 65, s. 25; 1994, c. 40, s. 101.

115. The professional inspection committee shall make a general report of its activities to the Bureau each year.

1973, c. 43, s. 113.

DIVISION VII DISCIPLINE, APPEAL AND PUBLICATION OF DECISIONS

1988, c. 29, s. 37.

§ 1 . — Committees on discipline, syndics and review committees

1994, c. 40, s. 102.

116. A committee on discipline is constituted within each order.

The committee shall be seized of every complaint made against a professional for an offence against this Code, the Act constituting the order of which he is a member or the regulations made under this Code or that Act.

The committee shall also be seized of every complaint made against a former member of an order for an offence referred to in the second paragraph that was committed while he was a member of the order. In such a case, every reference to a professional or a member of the order in the provisions of this Code, the Act constituting the order of which he was a member or a regulation under this Code or the said Act shall be a reference to the former member.

1973, c. 43, s. 114; 1994, c. 40, s. 103.

117. The Committee shall consist of at least three members, including a chairman who shall be appointed by the Government, after consultation with the Barreau du Québec, from among the advocates who have at least 10 years’ practice; the Government shall fix the duration of the chairman’s term. At least two other members shall be designated by the Bureau of the order from among the members of the order; the Bureau shall fix the duration of their terms.

In choosing the chairman, the Government may consider to be years of practice the years during which a person acquired pertinent legal experience after obtaining a permit to practise the profession of advocate, a diploma of admission to the Barreau du Québec or a certificate of competence to practise the profession of advocate.

Whenever possible, the person appointed by the Government as the chairman of a committee shall also be appointed as the chairman of the committee on discipline of other orders.

1973, c. 43, s. 115; 1977, c. 5, s. 229; 1994, c. 40, s. 104.

118. After consulting the Barreau du Québec, the Government shall draw up a list of advocates with at least ten years’ practice who could act as substitute chairmen; the Government shall fix the duration of their terms.

The second paragraph of section 117 applies in the choice of the persons whose names may appear on the list.

1973, c. 43, s. 116; 1994, c. 40, s. 105.

118.1. Neither the chairman nor the substitute chairman, once appointed in accordance with section 117 or 138, as the case may be, may act as the attorney of a party in disciplinary proceedings governed by this Code.

1994, c. 40, s. 105.

118.2. On the expiry of their terms, the members of the committee shall remain in office until reappointed or replaced by the Government or the Bureau, as the case may be.

1994, c. 40, s. 105.

118.3. The members of the committee may, even though they have been replaced, continue to hear a complaint of which they have been seized and render a decision regarding the complaint. A member of a committee on discipline or a committee on discipline is deemed to be seized of a complaint from the date on which the complaint is served upon the professional pursuant to section 132 or, where the committee is composed of more than three members, from the date on which the two members other than the chairman or substitute chairman are chosen pursuant to section 138.

1996, c. 65, s. 1.

119. Where a member of the committee is unable to act by reason of absence or illness or for any other cause, he may be replaced by a person who will perform his duties while he is unable to act; the person shall be designated in the same way as the member to be replaced, and his salary, fees or indemnities shall be fixed in the same way as those of the member.

However, the two remaining members, provided one is the chairman or the substitute chairman, may validly proceed with the hearing and render a decision.

1973, c. 43, s. 117; 1994, c. 40, s. 106.

120. The Bureau of every order shall appoint the secretary of the committee on discipline of the order.

The first paragraph of section 119 applies, adapted as required, where the secretary is unable to act by reason of absence or illness or for any other cause.

1973, c. 43, s. 118; 1994, c. 40, s. 106.

120.1. As part of his duties, the secretary shall see to the preparation and keeping of the committee’s records and ensure that access to them is available in accordance with section 120.2. He shall keep a hearing roll and ensure that access to it is available in accordance with the said section.

1994, c. 40, s. 106.

120.2. Access to the hearing roll may be had at the head office of the order and the hearing roll must be posted by the secretary of the committee on discipline not less than ten days before the date set for the hearing.

Subject to the second paragraph of section 142, access to a record of the committee may be had at the head office of the order from the date on which the hearing is held.

Access to the roll and to the record may be had by obtaining a copy or through consultation on the premises during the order’s regular office hours. However, a record may be consulted only in the presence of the secretary or a person designated by him.

1994, c. 40, s. 106.

120.3. The person requesting access to the roll or record may be required to pay a reasonable fee, not exceeding the cost of transcription or reproduction or the cost of transmission of copies.

1994, c. 40, s. 106.

121. The Bureau of each order shall appoint, from among the members of the order, a syndic and, if need be, assistant syndics and corresponding syndics.

The Bureau must take steps to preserve the independence of the syndic and of the assistant and corresponding syndics at all times in the exercise of their functions.

The syndic and the assistant and corresponding syndics may not exercise any other functions arising from the application of the provisions of this Code or the Act constituting the professional order of which they are members.

Where so authorized by the Bureau, the syndic may retain the services of an expert.

1973, c. 43, s. 119; 1994, c. 40, s. 107.

122. The syndic and assistant syndics may, following an information to the effect that a professional is guilty of an offence contemplated in section 116, inquire into the matter and require that they be provided with any information or document relating to such inquiry. They may not refuse to make an inquiry on the sole ground that the request for an inquiry was not made using the form proposed pursuant to subparagraph 9 of the third paragraph of section 12.

The corresponding syndics shall assist the syndic and the assistant syndics in the performance of their duties and may hold inquiries, under the direction of the syndic or an assistant syndic, in the regions assigned to them.

Section 114 shall apply to every inquiry held under this section.

1973, c. 43, s. 120; 1994, c. 40, s. 108.

122.1. The syndic or assistant syndic shall inform the professional inspection committee if he has reasonable grounds to believe that a professional’s practice of the profession or professional competence should be the subject of an inspection or inquiry, as the case may be, under section 112.

1994, c. 40, s. 109.

122.2. The person who requests the holding of an inquiry may be assisted by another person at any stage of an inquiry held pursuant to the first and second paragraphs of section 122, in particular as regards the request for the holding of an inquiry and during the procedure described in sections 123 to 123.8, and at any stage in the processing of a complaint lodged with the committee on discipline as a result of such an inquiry.

1994, c. 40, s. 109.

123. The syndic or an assistant syndic shall inform any person who requested the holding of an inquiry, in writing, of his decision to lodge or not to lodge a complaint with the committee on discipline as a result of the request, or of his decision to forward the request to the professional inspection committee.

Where the syndic or assistant syndic decides not to lodge such a complaint, he must, at the same time, provide the person with a written explanation of the reasons for his decision and inform him of the possibility of requesting an opinion from the review committee.

Where the syndic or assistant syndic forwards the request to the professional inspection committee, he must also, at the same time, provide the person with a written explanation of the reasons for his decision.

1975, c. 80, s. 12; 1988, c. 29, s. 38; 1994, c. 40, s. 110.

123.1. Where the syndic or assistant syndic has not completed his inquiry within 90 days of receipt of the request for the holding of an inquiry, he must, at the end of that period, inform the person who requested the holding of an inquiry, in writing, that the inquiry has not been completed and report to him on the progress of the inquiry. Until the inquiry has been completed, the syndic or assistant syndic must, every 60 days after the expiry of the 90-day period, inform the person who requested the holding of the inquiry, in writing, that the inquiry has not been completed and report to him on the progress of the inquiry.

1994, c. 40, s. 110.

123.2. Where a complaint has been lodged with the committee on discipline, the syndic or assistant syndic must, at the request of the person who requested the holding of an inquiry, send or make known to that person the decision of the committee on discipline dismissing the complaint or imposing one or more of the penalties provided for in the first paragraph of section 156. At the same time, the syndic or assistant syndic must inform the person that he is bound by an order, if any, banning the publication or release of information, as indicated in the decision of the committee on discipline.

1994, c. 40, s. 110.

123.3. A review committee shall be established within every order.

The function of the committee is to give, on request, to a person who requested the holding of an inquiry, its opinion regarding any decision of the syndic or assistant syndic not to lodge a complaint.

The committee shall be composed of not more than seven persons appointed by the Bureau of the order.

At least two of the persons so appointed shall be chosen from among the directors appointed by the Office under section 78, or from among the persons whose names are included on the list that the Office may compile for that purpose. The persons appointed in accordance with this paragraph shall be entitled, to the extent and on the conditions determined by the Government, to an attendance allowance and to the reimbursement of reasonable expenses incurred by them in the exercise of that function. The allowance and the amount of reimbursement shall be payable by the Office.

There shall be three persons at the sittings of the committee, including at least one chosen in accordance with the fourth paragraph.

Where the number of persons so permits, the committee may sit in divisions of three persons, including at least one chosen in accordance with the fourth paragraph.

1994, c. 40, s. 110; 1995, c. 50, s. 5.

123.4. Within 30 days of the date of receipt of the decision of the syndic or assistant syndic not to lodge a complaint with the committee on discipline, the person who requested the holding of an inquiry may request an opinion from the review committee.

Within 90 days after the date of receipt of the request for an opinion made under the first paragraph, the review committee shall give its opinion in writing after having taken cognizance of both the record and the documents that the syndic or assistant or corresponding syndic is required to forward to it, and after having heard, where applicable, the syndic, assistant syndic or corresponding syndic and the person who requested the holding of an inquiry.

1994, c. 40, s. 110.

123.5. The review committee may, in the opinion it gives,

(1)  decide that there is no cause to lodge a complaint with the committee on discipline;

(2)  suggest that the syndic or assistant or corresponding syndic complete his inquiry;

(3)  suggest that the syndic refer the record to the professional inspection committee;

(4)  decide that there is cause to lodge a complaint with the committee on discipline and suggest the name of a person who, acting in the capacity of syndic, could lodge the complaint.

Where the review committee suggests that the syndic or the assistant or corresponding syndic complete his inquiry, or concludes that there is cause to lodge a complaint with the committee on discipline, the order must reimburse to the person who applied to the syndic for the holding of the inquiry any fees charged to that person pursuant to paragraph 2 of section 12.3.

1994, c. 40, s. 110.

123.6. Where the syndic considers that the facts put forward to support the request for the holding of an inquiry may be the subject of a settlement, he may, at any time before the complaint against the professional is lodged with the committee on discipline, propose conciliation to the person who requested the holding of the inquiry and to the professional.

Where the person who requested the holding of the inquiry and the professional consent to conciliation, the syndic shall take all reasonable steps, having regard to all the circumstances, to attempt to conciliate the parties.

However, the syndic may not propose conciliation where he considers that the facts put forward to support the request for the holding of an inquiry are of such a nature that the protection of the public could be compromised if the professional were to continue to practise his profession. Furthermore, the syndic may not propose conciliation where he considers that the facts put forward to support the request for the holding of an inquiry show that the professional may have engaged in a derogatory act within the meaning of section 59.1.

1994, c. 40, s. 110.

123.7. Any settlement resulting from conciliation must be recorded in writing, approved by the syndic and signed by the person who requested the holding of an inquiry and by the professional. The request for the holding of an inquiry is thereupon deemed to have been withdrawn.

1994, c. 40, s. 110.

123.8. The answers or statements given or made by the person who requested the holding of the inquiry or by the professional during a conciliation attempt may not be used or admitted as proof against the professional in judicial or quasi-judicial proceedings, except in the case of a hearing before the committee on discipline in relation to an allegation that, with the intention to mislead, the professional gave an answer or made a statement he knew to be false.

1994, c. 40, s. 110.

124. The members and the secretary of the committee on discipline and the syndic, assistant syndics, corresponding syndics and members of the review committee must take the oath or make the solemn affirmation contained in Schedule II.

1973, c. 43, s. 121; 1994, c. 40, s. 111.

125. The salary, fees or indemnities of the chairman of a committee on discipline and of the substitute chairmen shall be fixed by the Government and shall be payable by the Office.

1973, c. 43, s. 122; 1988, c. 29, s. 39; 1994, c. 40, s. 112; 1995, c. 50, s. 6.

125.1. At the request of the Bureau, the syndic and assistant syndics shall make a written report of their activities.

1994, c. 40, s. 113.

§ 2 . — Institution of complaints

126. Every complaint lodged against a professional shall be received by the secretary of the committee on discipline.

1973, c. 43, s. 123.

127. The complaint must be made in writing and supported by the oath or solemn affirmation of the plaintiff.

The secretary of the committee on discipline may not refuse to receive a complaint on the sole ground that it was not made using the form proposed pursuant to subparagraph 9 of the third paragraph of section 12.

1973, c. 43, s. 124; 1994, c. 40, s. 114.

128. The syndic or an assistant syndic must, at the request of the Bureau, lodge any complaint against a professional which appears to be justified; he may also, on his own initiative, act in this regard.

A complaint may also be lodged by any other person. Such a person may not be prosecuted by reason of acts engaged in in good faith in the exercise of that power.

1973, c. 43, s. 125; 1994, c. 40, s. 115.

129. The complaint must state summarily the nature, time and place of the offence with which the professional is charged.

1973, c. 43, s. 126.

130. The complaint may demand the immediate provisional striking off the roll of the respondent

(1)  where the respondent is charged with having engaged in a derogatory act referred to in section 59.1;

(2)  where the respondent is charged with having appropriated, without entitlement, sums of money or securities held by him on behalf of a client or with having used sums of money or securities for purposes other than those for which they were entrusted to him in the practice of his profession;

(3)  where the respondent is charged with having committed an offence of such a nature that the protection of the public could be compromised if the professional were to continue to practise his profession.

1973, c. 43, s. 127; 1994, c. 40, s. 116.

131. Where a provision of subdivisions 2, 3 and 4 of this division prescribes that service may be made in accordance with the Code of Civil Procedure, the powers provided in article 138 of the said Code shall be exercised by the chairman of the committee on discipline or the substitute chairman.

1975, c. 80, s. 13; 1994, c. 40, s. 117.

132. The secretary of the committee on discipline shall have the complaint served in the manner provided in the Code of Civil Procedure upon the professional against whom it is lodged.

1973, c. 43, s. 128.

133. The hearing on a request for provisional striking off the roll must begin within 10 days of service of the complaint, after notice is served on the respondent in accordance with the Code of Civil Procedure (chapter C-25) by the secretary of the committee on discipline at least three clear juridical days before such hearing.

Following such hearing, the committee may make an order imposing provisional striking off the roll against the respondent if it considers that the protection of the public requires it.

The order imposing provisional striking off the roll becomes executory on being served on the respondent by the secretary of the committee on discipline in accordance with the Code of Civil Procedure. However, where the order is rendered in the presence of one of the parties, it is deemed to have been served on that party on being so rendered; the secretary shall indicate in the minutes the presence or absence of the parties when the committee renders the order.

The order imposing provisional striking off the roll remains in force until the decision of the committee dismissing the complaint or imposing a penalty, as the case may be, is served, unless the committee decides otherwise. However, where the committee imposes a penalty under subparagraph b or e of the first paragraph of section 156, the order imposing provisional striking off the roll remains in force until the decision imposing such a penalty becomes executory in accordance with section 158 or, where an appeal from the decision to allow the complaint or impose such a penalty is lodged, until the final decision of the Professions Tribunal becomes executory in accordance with the third paragraph of section 177, unless the tribunal decides otherwise.

The committee on discipline shall, in a decision imposing provisional striking off the roll, decide whether or not the secretary is to cause a notice thereof to be published in a newspaper having general circulation in the locality where the professional has his professional domicile. If the committee orders the publication of such a notice, it shall, in addition, decide if the expenses incurred for publication are to be paid by the professional or by the order, or apportioned between them.

The notice shall include the name of the respondent, the place of his professional domicile, the name of the order of which he is a member, his specialty, if any, the date and nature of the facts with which he is charged and the date and a summary of the decision.

A decision of the committee on discipline ordering the respondent or the order, or both, to pay the expenses referred to in the fifth paragraph may, if payment is not made voluntarily, be homologated by the Court of Québec, and the decision becomes executory in the same manner as any judgment of that court.

1975, c. 80, s. 14; 1994, c. 40, s. 118.

134. The professional contemplated in the complaint shall appear in writing, either personally or through an advocate, at the head office of the order, within ten days of the service.

The appearance shall be accompanied with a declaration by which the professional acknowledges or denies the fault he is alleged to have committed; a professional whose appearance is not accompanied with such a declaration is presumed not to have acknowledged any fault.

The appearance may be accompanied or followed within ten days by a written contestation.

1973, c. 43, s. 129; 1975, c. 80, s. 15; 1994, c. 40, s. 119.

135. Any party or witness summoned before the committee on discipline is entitled to be assisted or represented by an advocate.

1973, c. 43, s. 130; 1986, c. 95, s. 70.

136. (Repealed).

1973, c. 43, s. 131; 1994, c. 40, s. 120.

§ 3 . — Trial of complaints

137. A committee on discipline may sit at any place in Québec.

1973, c. 43, s. 132.

138. There shall be three members at the sittings of the committee, including the chairman or a person designated by him to act as substitute chairman. If the number of members of the committee so permits, the committee may sit in divisions consisting of three members.

Where the committee consists of more than three members, the Bureau shall choose, from among the committee members, the other two members who shall sit with the chairman or the substitute chairman. The Bureau may delegate the power to the secretary of the committee.

The travel and lodging expenses of the members of the committee shall be determined by the Government and shall be payable by the order, except those of the chairman or substitute chairman, which shall be payable by the Office.

1973, c. 43, s. 133; 1977, c. 5, s. 229; 1994, c. 40, s. 121; 1995, c. 50, s. 7.

139. A notice of not less than three clear days of the date and place of the hearing must be given to the respondent and to his attorney, if any, by the secretary of the committee on discipline. Such notice shall be served in accordance with the Code of Civil Procedure (chapter C-25).

1973, c. 43, s. 134; 1975, c. 80, s. 16; 1986, c. 95, s. 71; 1994, c. 40, s. 122.

140. A member of the committee on discipline may be recused in the cases provided for in article 234 of the Code of Civil Procedure, except paragraph 7 of the said article.

Articles 234 to 242 of the said Code apply with the necessary modifications to such recusation.

1973, c. 43, s. 135.

141. The hearing shall be recorded, unless all the parties dispense with recording.

1973, c. 43, s. 136; 1994, c. 40, s. 123.

142. Every hearing shall be public.

Notwithstanding the first paragraph, the committee on discipline may, of its own initiative or upon request, order that a hearing be held in camera or ban access to or the publication or release of any information or document it indicates, in the general interest or in the interest of public order, in particular to preserve professional secrecy or to protect a person’s privacy or reputation.

Every person who, by performing or omitting to perform an act, infringes an order to hold a hearing in camera or an order banning access, publication or release is guilty of contempt of court.

1973, c. 43, s. 137; 1986, c. 95, s. 72; 1994, c. 40, s. 124.

143. The committee on discipline may have recourse to all legal means to ascertain the facts alleged in the complaint; with the consent of all the parties, the committee may also, in its discretion, receive evidence taken outside the trial.

1973, c. 43, s. 139.

144. The committee must permit the respondent to present a full and complete defence.

The committee may conduct the hearing in the absence of the respondent if he does not appear on the date and at the place fixed therefor.

1973, c. 43, s. 140.

145. The complaint may be amended at any time, on the conditions necessary to safeguard the rights of the parties. It may be so amended to request, in particular, provisional striking off the roll under section 130. However, except with the consent of all the parties, the committee shall not allow any amendment from which an entirely new complaint unrelated to the original would result.

1973, c. 43, s. 141; 1994, c. 40, s. 126.

146. The committee shall summon such witnesses and require the production of such documents as it or either party considers useful by ordinary summons over the signature of the secretary.

1973, c. 43, s. 142.

147. The committee shall have all the powers of the Superior Court to compel witnesses to appear and answer, and to punish them in case of refusal; for such purpose the respondent shall be considered as a witness.

1973, c. 43, s. 143.

148. The committee shall, through one of its members, administer the oath or solemn affirmation to the parties and witnesses.

1973, c. 43, s. 144.

149. A witness or professional testifying before the committee shall be bound to answer all questions. His evidence is privileged and cannot be used against him in any judicial or quasi-judicial proceedings. He may not invoke his obligation to protect professional secrecy as a ground for refusing to answer.

Where in camera proceedings are ordered under section 142, every person conversant with such evidence shall be personally bound to secrecy saving the right of the president of the order of which the professional is a member and of the members of the Professions Tribunal to be informed thereof in the performance of their duties.

1973, c. 43, s. 145; 1986, c. 95, s. 73; 1994, c. 40, s. 127.

§ 4 . — Decisions and penalties

150. After the conviction, the parties may be heard with respect to the penalty.

If one of the parties is absent when the committee finds the respondent guilty, the secretary shall serve a notice of such conviction upon such party by registered or certified mail within ten days.

The committee shall impose the penalty within thirty days after the conviction.

1973, c. 43, s. 146; 1975, c. 80, s. 18; 1975, c. 83, s. 84.

151. The committee may condemn the complainant or the respondent to pay the costs, or it may apportion the costs between them in the proportions it indicates.

However, where the complainant is a person who has lodged a complaint under the second paragraph of section 128, the committee may condemn him to pay the costs only if the respondent is acquitted of every charge contained in the complaint and the complaint was clearly unfounded.

The costs include registration fees, expert’s fees and, where the professional is found guilty, the travel and lodging expenses of the members of the committee.

1973, c. 43, s. 147; 1994, c. 40, s. 128; 1995, c. 50, s. 8.

152. The committee shall decide to the exclusion of any court, in first instance, whether the respondent is guilty of an offence referred to in section 116.

Where there is no provision in this Code, the Act constituting the order of which the respondent is a member or a regulation or by-law under this Code or that Act which applies in the particular circumstances, the committee shall decide to the exclusion of any court

(1)  whether the act with which the respondent is charged is derogatory to the honour or dignity of the profession or to the discipline of the members of the order;

(2)  whether the profession the respondent practises, or the trade, enterprise or business he carries on, or the office or position he holds, is incompatible with the honour, dignity or practice of the profession.

1973, c. 43, s. 148; 1994, c. 40, s. 129.

153. The secretary shall record the minutes of the trial and the decision of the committee in a special register.

The minutes shall mention if the parties have dispensed with recording and shall in such case include a summary of the hearing, including the depositions; the minutes shall constitute evidence of their contents until proof to the contrary.

1973, c. 43, s. 149; 1994, c. 40, s. 130.

154. The decision of the committee on discipline shall be rendered by a majority of the members. It shall be recorded in writing and signed by the members of the committee who support it. It shall contain, in addition to the conclusions, an indication, where such is the case, that access to or the publication or release of certain information or documents is banned and the reasons for the decision.

1973, c. 43, s. 150; 1986, c. 95, s. 74; 1994, c. 40, s. 131.

154.1. The committee on discipline shall render its decision within 90 days from the time the matter is taken under advisement.

1994, c. 40, s. 132.

155. (Repealed).

1973, c. 43, s. 152; 1994, c. 40, s. 133.

156. The committee on discipline shall impose on a professional convicted of an offence referred to in section 116, one or more of the following penalties in respect of each count contained in the complaint:

(a)  reprimand;

(b)  temporary or permanent striking off the roll, even if he has not been entered thereon from the date of the offence;

(c)  a fine of not less than $600 nor more than $6 000 for each offence;

(d)  the obligation to remit to any person entitled to it a sum of money the professional is holding for him;

(d.1)  the obligation to transmit a document or the information contained in any document, and the obligation to complete, delete, update or rectify any document or information;

(e)  revocation of his permit;

(f)  revocation of his specialist’s certificate;

(g)  restriction or suspension of his right to engage in professional activities.

The committee on discipline shall impose at least provisional striking off the roll and a fine in accordance with subparagraphs b and c of the first paragraph on a professional found guilty of having engaged in a derogatory act referred to in section 59.1. The committee shall impose at least provisional striking off the roll in accordance with subparagraph b of the first paragraph on a professional found guilty of having appropriated, without entitlement, sums of money or securities held by him on behalf of a client or of having used sums of money or securities for purposes other than those for which they were entrusted to him in the practice of his profession.

For the purposes of subparagraph c of the first paragraph, when an offence is continuous, its continuity shall constitute a separate offence, day by day.

The decision of the committee on discipline imposing one or more of such penalties may include terms and conditions. Where there is more than one penalty, it may also prescribe that the penalties apply consecutively.

The committee on discipline shall, on rendering a decision imposing temporary striking off the roll or a temporary restriction or suspension of a professional’s right to engage in professional activities, decide whether or not the secretary is to cause a notice thereof to be published in a newspaper having general circulation in the locality where the professional has his professional domicile. If the committee orders the publication of such a notice, it shall, in addition, decide if the expenses incurred for publication are to be paid by the professional or by the order, or apportioned between them.

The notice shall include the name of the professional found guilty, the place of his professional domicile, the name of the order of which he is a member, his specialty, if any, the date and nature of the offence committed by him and the date and a summary of the decision.

A decision of the committee on discipline condemning the complainant or the professional to costs, or imposing a fine on the professional or ordering him or the order, or both, to pay the expenses referred to in the fifth paragraph may, in default of voluntary payment, be homologated by the Superior Court or the Court of Québec according to their respective jurisdictions, having regard to the amount involved, and such decision shall become executory as a judgment of that Court.

1973, c. 43, s. 153; 1977, c. 66, s. 10; 1983, c. 54, s. 24; 1988, c. 29, s. 40; 1988, c. 21, s. 66; 1994, c. 40, s. 134.

157. Within ten days of the decision of the committee on discipline dismissing the complaint or imposing the penalty, as the case may be, and, where applicable, ordering publication of the notice required under the fifth paragraph of section 156, the secretary shall cause such decision to be served on the parties in accordance with the Code of Civil Procedure.

However, where such decision is rendered in the presence of one of the parties, it is deemed to be served on such party in accordance with the first paragraph on being so rendered. The secretary shall indicate in the register referred to in section 153 whether the parties are present when the committee renders such decision.

1973, c. 43, s. 154; 1975, c. 80, s. 20; 1994, c. 40, s. 135.

158. The decision of the committee on discipline imposing one or more penalties provided in the first paragraph of section 156 shall be executory upon the expiry of the period for appeal in accordance with the conditions and modalities indicated therein, unless the committee orders provisional execution of the decision upon its service on the respondent.

However, a decision of the committee on discipline imposing permanent striking off the roll, the revocation of a permit or specialist’s certificate or a permanent restriction or suspension of a professional’s right to engage in professional activities shall be executory upon being served on the respondent.

A decision of the committee on discipline under the fifth paragraph of section 156 shall be executory upon the expiry of the time limit for appeal or, if an appeal is lodged from a decision imposing temporary striking off the roll or a temporary restriction or suspension of a professional’s right to engage in professional activities pursuant to the first paragraph of section 156, upon service of the final decision of the Professions Tribunal imposing such a penalty.

The committee may order that a decision under the first or third paragraph be executory at a time other than that referred to in those paragraphs.

1975, c. 80, s. 21; 1983, c. 54, s. 25; 1994, c. 40, s. 136.

158.1. The professional must pay to the order of which he is a member the fine imposed on him by the committee on discipline in accordance with subparagraph c of the first paragraph of section 156.

The committee on discipline may recommend to the Bureau that all or part of the fine be remitted by the order to the person

(1)  who disbursed sums of money for the purpose of lodging a complaint under the second paragraph of section 128;

(2)  who was the victim of a derogatory act referred to in section 59.1, to pay the cost of therapeutic care related to the act.

1994, c. 40, s. 137.

159. When a decision of the committee on discipline obliges a professional found guilty to remit a sum of money in accordance with subparagraph d of the first paragraph of section 156 and includes a recommendation to the order to pay that sum to the person entitled to it, the secretary of the committee shall inform such person of it within six days.

Within ten days of dismissal of an appeal or expiry of the time limit for appeal if none is lodged, the order may pay the amount fixed by the committee out of the indemnity fund and may then recover such amount from the offending professional, by causing the committee’s decision to be homologated by the Superior Court or the Court of Québec having jurisdiction, according to the amount involved, in the judicial district in which the professional has his professional domicile. Once homologated, the committee’s decision becomes executory in the same manner as any judgment of the court that homologated it.

In the case of the preceding paragraph, the professional is automatically struck off the roll from the day on which the order pays to the person entitled to it the amount of money fixed by the committee on discipline, until such time as the professional fully reimburses the order in principal, interest and costs; this reimbursement shall not terminate his being struck off under another decision.

The Bureau of the order may, upon motion, suspend a striking off made under this section, provided that the professional struck off undertakes in writing to reimburse fully the amount that he owes, within a fixed delay.

1973, c. 43, s. 155; 1988, c. 21, s. 66; 1994, c. 40, s. 138.

160. The decision of the committee on discipline may include a recommendation to the Bureau of the order that it require the professional to serve a period of refresher training or take a refresher course or require him to do both and that it restrict or suspend his right to engage in professional activities during the training period or course, or both, for the reason indicated by the committee.

A decision of the committee on discipline may also recommend that a professional found guilty of having engaged in a derogatory act referred to in section 59.1 be required to submit to a program with a view to facilitating his reintegration into the practice of his profession.

1973, c. 43, s. 156; 1988, c. 29, s. 41; 1994, c. 40, s. 139.

161. A professional struck off the roll or whose right to engage in professional activities has been restricted or suspended by the committee on discipline may request by way of a petition to the committee on discipline filed with the secretary before the expiry of the penalty, that he be entered on the roll, in the case of a striking off the roll, or that he be allowed to resume his full right to practise, in the case of a restriction or suspension.

If the committee is of opinion that the petition should be granted, it shall make an appropriate recommendation to the Bureau, which shall decide finally. If the committee dismisses the petition, no new petition may be submitted before the expiry of the penalty unless the committee so authorizes. The decisions of the committee are not subject to appeal.

1973, c. 43, s. 157; 1988, c. 29, s. 42.

161.1. The committee on discipline may correct a decision it has rendered where the decision contains an error in writing, a mistake in calculation or any other clerical error.

The decision may be corrected by the committee of its own initiative, as long as execution of the decision has not commenced. Unless an appeal has been lodged, a correction may be effected at any time on the motion of one of the parties, served on the other parties in accordance with the Code of Civil Procedure (chapter C-25).

1994, c. 40, s. 140.

§ 5 . — Appeals

162. A Professions Tribunal is established, composed of eleven judges of the Court of Québec designated by the chief judge of such Court who shall designate among them a chairman and a vice-chairman to replace him if he is unable to act by reason of absence or illness or for any other cause.

1973, c. 43, s. 158; 1974, c. 65, s. 26; 1988, c. 29, s. 43; 1988, c. 21, s. 66; 1994, c. 40, s. 141.

163. Sittings of the tribunal shall be composed of three judges.

However, any motion for leave to appeal and motions preliminary or incidental to the hearing of the appeal shall be heard by the chairman of the tribunal or a judge designated by him. The judge who hears the motion may refer it to three judges, except where it is a motion referred to in the second paragraph of section 171 or made pursuant to the second paragraph of section 172.

In subparagraph 2 of the first paragraph of section 164 and in the third, fourth and sixth paragraphs of that section, and in sections 166 and 169, the term “tribunal” means a judge sitting alone, or three judges where the judge sitting alone has referred a motion to them pursuant to the second paragraph.

In the third paragraph of section 165, section 168, the first paragraph of section 172 and sections 173, 174, 176 and 177.1, the term “tribunal” includes a judge sitting alone pursuant to the second paragraph.

1973, c. 43, s. 159; 1974, c. 65, s. 26; 1975, c. 80, s. 22; 1977, c. 66, s. 11; 1988, c. 29, s. 44; 1994, c. 40, s. 142.

164. An appeal lies to the Professions Tribunal from

(1)  a decision of the committee on discipline ordering a provisional striking off the roll, allowing or dismissing a complaint, or imposing a penalty;

(1.1)  a decision of the committee on discipline ordering publication of the notice referred to in the fifth paragraph of section 133 or the fifth paragraph of section 156, by the professional, and from a decision ordering payment of the expenses incurred for publication of the notice in accordance with those paragraphs, by the professional or, upon a resolution of the Bureau of the order, by the syndic;

(2)  any other decision of the committee on discipline, with the leave of the tribunal.

Every appeal from a decision referred to in subparagraph 1 or 1.1 of the first paragraph shall be brought by way of a motion served on the parties and on the secretary of the committee on discipline in accordance with the Code of Civil Procedure (chapter C-25). The motion, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile, within 30 days of the service of the decision. However, no appeal from a decision allowing a complaint may be brought later than thirty days after the date of service of the decision imposing a penalty.

Leave to appeal from a decision referred to in subparagraph 2 of the first paragraph is applied for to the tribunal by way of a motion served on the parties and on the secretary of the committee on discipline in accordance with the Code of Civil Procedure. The motion for leave to appeal, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile within 30 days of the date of the decision being appealed from.

Within 30 days of receipt of the notice of appeal or the decision of the tribunal granting leave to appeal, the secretary of the committee on discipline shall send the original and three copies of the record to the clerk of the Court of Québec and one copy to each of the parties.

The record shall comprise the complaint, the subsequent proceedings, the exhibits produced, the transcription of the hearing if it has been recorded, the minutes of the trial, the decision of the committee and the petition.

The tribunal may:

(a)  upon a motion of the secretary of the committee, extend the delay provided in the fourth paragraph;

(b)  upon a motion of one of the parties, allow that certain contents of the record be not reproduced in the copies which must be sent in accordance with the fourth paragraph.

1973, c. 43, s. 160; 1974, c. 65, s. 27; 1975, c. 80, s. 23; 1988, c. 29, s. 45; 1988, c. 21, s. 66; 1994, c. 40, s. 143.

165. The tribunal and each of its members shall have the powers and immunity conferred upon commissioners appointed under the Act respecting public inquiry commissions (chapter C‐37), except the power to order imprisonment.

The tribunal or a member thereof may, on the basis of the Code of Civil Procedure (chapter C‐25), with the necessary modifications, prescribe such orders of procedure as the exercise of its functions may require.

The clerk and the officers and employees of the Court of Québec of the district in which the tribunal sits must provide it with the services they usually provide to the Court of Québec itself.

1973, c. 43, s. 161; 1975, c. 80, s. 24; 1988, c. 21, s. 66; 1992, c. 61, s. 169; 1994, c. 40, s. 144.

166. An appeal shall suspend the execution of the decision of the committee on discipline, unless the tribunal orders provisional execution thereof.

However, the following orders and decisions shall be executory notwithstanding an appeal, unless the tribunal orders otherwise:

(1)  an order for provisional striking off the roll under section 133;

(2)  an order prohibiting access to or publication or release of information under section 142;

(3)  a decision imposing permanent striking off the roll, revocation of a permit or specialist’s certificate or a permanent restriction or suspension of a professional’s right to engage in professional activities under any of subparagraphs b, e, f and g of the first paragraph of section 156;

(4)  a decision imposing provisional striking off the roll pursuant to the second paragraph of section 156.

1973, c. 43, s. 162; 1994, c. 40, s. 145.

167. Within 30 days of receipt of his copy of the record, the appellant must file at the office of the Court of Québec the original and three copies of a factum setting out his claims, and give a copy thereof to each of the other parties. Within 30 days of receipt of their copies of the factum, the other parties must file the original and three copies of their own factums at the office of the court, and give a copy thereof to the appellant.

If the appellant does not file his factum within the delay fixed, the appeal may be dismissed; if the other parties are in default, the tribunal may refuse to hear them.

1973, c. 43, s. 163; 1988, c. 29, s. 46; 1988, c. 21, s. 66; 1994, c. 40, s. 146.

168. The tribunal may admit, as evidence, a copy of or extract from a document, if the original is not available.

1973, c. 43, s. 164; 1994, c. 40, s. 147.

169. The tribunal may also, by reason of exceptional circumstances and where the ends of justice so require, authorize the presentation of new and indispensable written or verbal evidence.

The application for authorization shall be made by a written and sworn motion; it shall be presented to the tribunal for adjudication after notice to the opposite party.

If the motion is heard, each party may examine and cross-examine the witnesses summoned and present his arguments.

1973, c. 43, s. 165; 1974, c. 65, s. 28; 1994, c. 40, s. 148.

170. Every party has the right to be assisted or represented by an advocate.

1973, c. 43, s. 166; 1986, c. 95, s. 75.

171. The chairman of the tribunal or a judge designated by him shall fix the date for hearing the appeal.

Upon a motion from one of the parties, served on the other parties, the chairman or the judge designated by him may decide that the appeal will be heard and decided by preference.

1973, c. 43, s. 167; 1975, c. 80, s. 25; 1994, c. 40, s. 149.

172. The tribunal shall sit in the judicial district where the respondent in first instance has his professional domicile.

However, the chairman of the tribunal or a judge designated by him may decide, with the consent of the parties, that the appeal is to be heard in the judicial district of Québec or Montréal.

1975, c. 80, s. 26; 1994, c. 40, s. 150.

173. Every hearing shall be public.

Notwithstanding the first paragraph, the tribunal may, of its own initiative or upon request, order that a hearing be held in camera or ban the publication or release of any information or document it indicates, in the interest of morality or public order, in particular to preserve professional secrecy or to protect a person’s privacy or reputation.

Every person who, by performing an act or omitting to perform an act, infringes an order to hold a hearing in camera or an order banning publication or release is guilty of contempt of court.

1973, c. 43, s. 168; 1986, c. 95, s. 76.

174. The rules provided in section 149 shall apply to the hearing before the tribunal.

1973, c. 43, s. 169.

175. The tribunal may confirm, alter or quash any decision submitted to it and render the decision which it considers should have been rendered in first instance. It may, in particular, substitute any other penalty prescribed by the first paragraph of section 156 for a penalty imposed by the committee on discipline if, in its opinion, that penalty should have been imposed in first instance.

The tribunal has power to order any of the parties to pay the costs or to apportion such costs among them. However, where the complainant in first instance is a person who lodged a complaint under the second paragraph of section 128, the tribunal may condemn him to pay the costs only if it has acquitted the professional of all the charges contained in the complaint and the complaint was clearly unfounded.

If the tribunal finds the respondent guilty after the committee on discipline had acquitted him, it may impose one or more of the penalties prescribed by the first paragraph of section 156, after having given the parties the opportunity to be heard on the subject of the penalties. The tribunal may also decide to return the record to the committee on discipline so that the committee may impose one or more of the penalties prescribed by the said section.

1973, c. 43, s. 170; 1975, c. 80, s. 27; 1982, c. 16, s. 1; 1994, c. 40, s. 153.

176. Every decision of the tribunal shall be recorded in writing and signed by the judges who rendered it. If shall contain, in addition to the conclusions, an indication, where such is the case, that the publication or release of certain information or documents is banned and the reasons on which it is based.

1973, c. 43, s. 171; 1986, c. 95, s. 77; 1994, c. 40, s. 154.

177. Within ten days of the final decision of the tribunal, the clerk of the Court of Québec of the district where the tribunal held its sittings shall cause such decision to be served on the parties and on the secretary of the committee on discipline in accordance with the Code of Civil Procedure.

However, when such decision is rendered in the presence of one of the parties, it is deemed to be served on such party in accordance with the first paragraph on being so rendered.

The final decision of the tribunal is executory from its service on the respondent in first instance.

1973, c. 43, s. 172; 1975, c. 80, s. 28; 1988, c. 21, s. 66.

177.1. The tribunal may correct a decision it has rendered where the decision contains an error in writing, a mistake in calculation or any other clerical error.

The decision may be corrected by the tribunal of its own initiative, as long as execution of the decision has not commenced. A correction may be effected at any time on the motion of one of the parties, served on the other parties in accordance with the Code of Civil Procedure (chapter C-25).

Moreover, the tribunal may revise any decision it has rendered

(1)  where a new fact is discovered which, if it had been known in due time, might have justified a different decision;

(2)  where a substantive or procedural defect is likely to invalidate the decision;

(3)  (subparagraph repealed).

1988, c. 29, s. 47; 1994, c. 40, s. 155.

178. (Repealed).

1974, c. 65, s. 29; 1988, c. 29, s. 48; 1994, c. 40, s. 156.

§ 6 . — Publication of decisions and reports

179. Each decision of the committee on discipline or of the Professions Tribunal on an appeal from a decision of that committee shall be sent by the secretary of the committee on discipline to the Office within 45 days of the day on which it is rendered.

1973, c. 43, s. 173; 1974, c. 65, s. 109; 1988, c. 29, s. 49; 1994, c. 40, s. 157.

180. The secretary of the committee on discipline must send to each member of the order to which a professional belongs who is provisionally, temporarily or permanently struck off the roll, whose right to practise is restricted or suspended or whose permit or specialist’s certificate is revoked, a notice of the final decision of the committee on discipline or the Professions Tribunal, as the case may be, imposing the striking off, restriction, suspension or revocation and, where applicable, a notice of any decision of the committee on discipline correcting such a decision or the tribunal correcting or revising such a decision. The notice shall contain the name of the professional, the place of his professional domicile, the name of the order of which he is a member, his specialty, if any, the nature and the date of the facts with which he is charged, in the case of provisional striking off, or of the offence committed and a summary and the date of the decision.

In addition, where the professional has been permanently struck off or where he has had his right to practise permanently restricted or suspended or his permit or specialist’s certificate revoked, the secretary of the committee on discipline must publish the notice in a newspaper having general circulation in the place where the professional had his professional domicile.

1973, c. 43, s. 174; 1975, c. 80, s. 29; 1988, c. 29, s. 50; 1994, c. 40, s. 158.

180.1. (Repealed).

1988, c. 29, s. 50; 1994, c. 40, s. 159.

180.2. The notices provided for in the first paragraph of section 180 may be published or inserted in an official or regular publication of the order sent to each of its members. If they are published, the notices must be laid out in a box not less than two columns wide, under the title “NOTICE OF RESTRICTION AND SUSPENSION OF RIGHT TO PRACTISE, STRIKING OFF THE ROLL OR REVOCATION”.

1988, c. 29, s. 50; 1994, c. 40, s. 160.

181. The secretary of the committee on discipline must make an annual report to the Bureau of the order on the activities of the committee on discipline.

This report must indicate in particular the number and nature of the complaints received, the number dismissed, and the number and nature of the convictions pronounced.

1973, c. 43, s. 175; 1994, c. 40, s. 161.

182. The Office shall publish annually a compendium containing certain decisions rendered in accordance with this division, subject to any order banning the publication or release of information or documents issued by the committee on discipline or the Professions Tribunal under sections 142 and 173, respectively.

However, every decision published must include the name of the order concerned.

1973, c. 43, s. 176; 1974, c. 65, s. 109; 1975, c. 80, s. 30; 1983, c. 54, s. 26; 1988, c. 29, s. 51; 1994, c. 40, s. 162.

DIVISION VIII APPEAL FROM CERTAIN DECISIONS OTHER THAN DISCIPLINARY DECISIONS

1994, c. 40, s. 163.

§ 1 . — Appeal to the Professions Tribunal

1994, c. 40, s. 163.

182.1. This division applies to appeals to the Professions Tribunal from the following decisions:

(1)  a decision of the Bureau under section 51, the second paragraph of section 52 or section 55.1 of this Code;

(2)  a decision of the Executive Committee under section 48 of the Act respecting the Barreau du Québec (chapter B-1) or under subsection 5 of section 70 of that Act;

(3)  a decision of the Bureau under the third paragraph of section 20 of the Medical Act (chapter M-9).

The first paragraph of section 163 and sections 165, 168, 169, 170, 171, 173, 174, 176 and the third paragraph of section 177.1 apply to appeals from decisions referred to in the first paragraph.

Every motion preliminary or incidental to the hearing of the appeal shall be heard by the chairman of the tribunal or a judge designated by him. The judge hearing the motion may refer it to three judges, except in the case of a motion made under the second paragraph of section 171 or pursuant to the third paragraph of section 182.5.

In section 169, the seventh paragraph of section 182.2 and section 182.3, the term “tribunal” means a judge sitting alone, or three judges where the judge sitting alone has referred the motion to them pursuant to the third paragraph.

In the third paragraph of section 165, sections 168, 173, 174 and 176, the third paragraph of section 177.1, the first paragraph of section 182.5 and section 182.8, the term “tribunal” includes a judge sitting alone pursuant to the third paragraph.

1994, c. 40, s. 163.

182.2. Every appeal from a decision referred to in the first paragraph of section 182.1 shall be brought by way of a motion served on the secretary of the Bureau or of the Executive Committee, as the case may be, in accordance with the Code of Civil Procedure (chapter C-25). The motion, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the appellant has his professional domicile, within 30 days of the service of the decision. Where the appellant is not a member of the order, the motion must be filed within the same period at the office of the Court of Québec in the judicial district in which the appellant has his domicile.

Within 30 days of receipt of the notice of appeal, the secretary of the Bureau or of the Executive Committee, as the case may be, shall send the original and three copies of the record to the clerk of the Court of Québec and a copy to each of the parties.

The record relating to an appeal from a decision made under section 51 of this Code shall include, in particular, the decision ordering the medical examination, the medical examination report, the decision made under that section and the motion for appeal. The record relating to an appeal from a decision made under the second paragraph of section 52 of this Code shall include, in particular, the decision restricting or suspending the right to practise the profession or striking the professional off the roll, the written application for reinstatement of the full right to practise or for entry on the roll, the medical examination report, the decision made under that section and the motion for appeal.

The record relating to an appeal from a decision made under section 55.1 of this Code shall include, in particular, the decision made under that section, the judicial or disciplinary decision referred to in that section, the reasoned opinion of the Bureau that the offence committed is related to the practice of the profession, and the motion for appeal.

The record relating to an appeal from a decision under section 48 of the Act respecting the Barreau du Québec (chapter B-1) shall include, in particular, the decision of the committee, the record and decision of the Executive Committee and the motion for appeal. The record relating to an appeal from a decision under subsection 5 of section 70 of the Act respecting the Barreau du Québec shall include, in particular, the record and decision of the Executive Committee and the motion for appeal.

The record relating to an appeal from a decision referred to in the third paragraph of section 20 of the Medical Act (chapter M-9) shall include, in particular, the record and decision of the Bureau and the motion for appeal.

The tribunal may

(1)  on a motion of the secretary of the Bureau or of the Executive Committee, as the case may be, extend the period provided for in the second paragraph;

(2)  on a motion of one of the parties, allow that certain elements of the record not be reproduced in the copies which must be sent in accordance with the second paragraph.

1994, c. 40, s. 163.

182.3. The appeal shall suspend execution of the decision, except where the tribunal orders provisional execution.

However, a decision refusing entry on the roll, a decision rendered pursuant to subparagraph 1 or 2 of the first paragraph of section 55.1 or a decision rendered under section 48 of the Act respecting the Barreau du Québec (chapter B-1) shall be executory notwithstanding the appeal, unless the tribunal orders otherwise.

1994, c. 40, s. 163.

182.4. Within 30 days of receipt of his copy of the record, the appellant must file at the office of the Court of Québec the original and three copies of a factum setting out his claims, and give a copy to the other party. Within 30 days of receipt of his copy of the factum, the other party must file the original and three copies of his own factum at the office of the court and give a copy to the appellant.

If the appellant does not file his factum within the period fixed, the appeal may be dismissed; if the other party is in default, the tribunal may refuse to hear him.

1994, c. 40, s. 163.

182.5. The tribunal shall sit in the judicial district where the appellant has his professional domicile.

Where the appellant is not a member of the order, the tribunal shall sit in the judicial district where the appellant has his domicile.

The chairman of the tribunal or a judge designated by him may decide, with the consent of the parties, that the appeal is to be held in the judicial district of Québec or Montréal.

1994, c. 40, s. 163.

182.6. The tribunal may confirm, alter or quash any decision submitted to it and render the decision it considers should have been rendered in first instance.

The tribunal has the power to order either of the parties to pay the costs, or to apportion such costs between them.

1994, c. 40, s. 163.

182.7. Within 10 days of the final decision of the tribunal, the clerk of the Court of Québec in the judicial district where the tribunal held its sittings shall cause the decision to be served on the appellant and on the secretary of the Bureau or of the Executive Committee, as the case may be, in accordance with the Code of Civil Procedure (chapter C-25).

However, where the decision is rendered in the presence of one of the parties, it is deemed to be served on that party in accordance with the first paragraph on being so rendered.

The final decision of the tribunal is executory from its service on the appellant.

1994, c. 40, s. 163.

182.8. The tribunal may correct any decision it has rendered where the decision contains an error in writing, a mistake in calculation or any other clerical error.

The decision may be corrected by the tribunal of its own initiative, as long as execution of the decision has not commenced. The correction may be effected at any time on the motion of the appellant or the Bureau or the Executive Committee, as the case may be, served in accordance with the Code of Civil Procedure (chapter C-25).

1994, c. 40, s. 163.

§ 2 . — Publicity of decisions

1994, c. 40, s. 163.

182.9. The secretary of the order of which a professional who is struck off the roll or whose right to practise is restricted or suspended is a member must send to each of its members a notice of the final decision of the Bureau or the Professions Tribunal, as the case may be, entailing striking off the roll or restriction or suspension and a notice of any decision of the tribunal correcting or revising such a decision. The notice shall contain the name of the professional, the place of his professional domicile, the name of the order of which he is a member, his specialty, if any, and the date and a summary of the decision.

In addition, the secretary of the order must transmit to the Office every final decision of the Bureau or the Professions Tribunal, as the case may be, that entails permanent striking off the roll or permanent restriction or suspension of a professional’s right to practise and, where applicable, any decision of the tribunal correcting or revising such a decision.

The notices referred to in the first paragraph may be published or inserted in an official or regular publication of the order sent to each of its members. If published, a notice must be laid out in a box not less than two columns wide, under the title “NOTICE OF STRIKING OFF THE ROLL OR RESTRICTION AND SUSPENSION OF THE RIGHT TO PRACTISE”.

1994, c. 40, s. 163.

182.10. The secretary of the order referred to in subparagraph c of the first paragraph of section 20 of the Medical Act (chapter M-9) must send to each of the persons entered in the register referred to in that subparagraph a notice of the final decision of the Bureau or the Professions Tribunal, as the case may be, entailing the suspension or cancellation of the registration of a person in that register or the refusal to renew the registration and a notice of any decision of the tribunal correcting or revising such a decision. The notice must include the name of the person, the place and address where he principally practised acupuncture and the date and a summary of the decision.

In addition, the secretary of the order must send to the Office every final decision of the Bureau or the Professions Tribunal, as the case may be, entailing the suspension or cancellation of a registration or the refusal to renew a registration and any decision of the tribunal correcting or revising such a decision.

A notice referred to in the first paragraph may be published or inserted in an official or regular publication that the order sends to the persons entered in the register. If a notice is published, it must be laid out in a box not less than two columns wide, under the title “NOTICE OF SUSPENSION, CANCELLATION OR NON-RENEWAL OF ENTRY ON THE REGISTER OF ACUPUNCTURISTS”.

1994, c. 40, s. 163.

CHAPTER V REGULATIONS

183. The Government may, by regulation and after having received the recommendation of the Office pursuant to subparagraph 2 or 4 of the third paragraph of section 12, adopt a regulation or amendments to a regulation that the Bureau fails to adopt.

1973, c. 43, s. 177; 1974, c. 65, s. 109; 1988, c. 29, s. 52; 1994, c. 40, s. 164.

183.1. The Government may, by regulation, establish a list of titles, abbreviations of titles or initials which, when used by a person or attributed to himself by a person who is not a member of the professional order indicated in the regulation, may lead to the belief that the person is a member of that order or that the person practises a professional activity reserved for members of that order.

The Government may also, by regulation, establish a list of words or expressions which, when associated with the name of a person who is not a member of the professional order indicated in the regulation, may lead to the belief that the person is a member of that order or that the person practises a professional activity reserved for members of that order.

1994, c. 40, s. 164.

184. After obtaining the advice of the Office in accordance with subparagraph 7 of the third paragraph of section 12, and of the order concerned, the Government may, by regulation, determine the diplomas issued by the educational institutions it indicates which give access to a permit or specialist’s certificate.

The Government may also, by regulation and after having consulted the Office and the persons or bodies referred to in subparagraph 7 of the third paragraph of section 12, fix the terms and conditions of cooperation between the order concerned and the authorities of the educational institutions in Québec referred to in a regulation under the first paragraph, in particular in the development and review of the programs of study leading to a diploma giving access to a permit or specialist’s certificate, the standards that the Bureau is required to establish by regulation under paragraph c of section 93 and, where applicable, the other terms and conditions that the Bureau may determine by regulation under paragraph i of section 94, and the standards of equivalence of such terms and conditions that the Bureau may determine under the regulation.

1973, c. 43, s. 178; 1974, c. 65, s. 109; 1975, c. 80, s. 31; 1977, c. 5, s. 14; 1988, c. 29, s. 53; 1993, c. 26, s. 24; 1994, c. 40, s. 164.

184.1. The Government may, in a regulation that it is empowered to make under this Code or under an Act constituting a professional order, make compulsory a standard established by a government or body. It may provide that reference to such a standard includes any subsequent amendment made to it.

1994, c. 40, s. 164.

184.2. The Professions Tribunal may adopt the rules of practice it considers necessary to ensure proper compliance with sections 162 to 177.1 and 182.1 to 182.8 of this Code. The rules shall be submitted to the Government, which may approve them with or without amendment.

1994, c. 40, s. 164.

CHAPTER VI RADIOLOGY PERMIT

185. No professional other than a physician, veterinary surgeon or dentist acting in accordance with the laws and regulations governing him may practise radiology on animate beings without holding a permit contemplated in section 186.

1973, c. 43, s. 179.

186. The Office shall fix, by regulation, the standards for the issue and holding of permits to practise radiology. For that purpose, the Office must obtain the assistance of experts including in particular the representatives of the interested professions.

1973, c. 43, s. 180; 1974, c. 65, s. 109; 1988, c. 29, s. 54.

187. A professional who wishes to obtain a permit contemplated in section 186 shall apply for it to the Bureau of the order of which he is a member. The Bureau of the order shall issue the permit, in keeping with the standards of the Office, if the professional fulfils the conditions prescribed by these standards.

A permit may be suspended or revoked, in conformity with the standards of the Office, by the Bureau that issued it.

1973, c. 43, s. 181; 1974, c. 65, s. 109; 1994, c. 40, s. 165.

CHAPTER VI.1 PSYCHOTHERAPIST’S PERMIT

1998, c. 18, s. 3.

Not in force

187.1. No person may use the title of psychotherapist or any other title or abbreviation which may lead to the belief that the person is a psychotherapist unless the person is a member of a professional order and holds a valid permit for that purpose issued in accordance with the standards prescribed under this chapter.

1998, c. 18, s. 3.

187.2. The Office shall determine, by regulation, which professional orders may issue a psychotherapist’s permit.

In addition, the Office shall fix, by regulation, standards for the issue of a psychotherapist’s permit. For that purpose, the Office may determine standards or classes of standards which may vary according to each professional order determined under the first paragraph.

1998, c. 18, s. 3.

187.3. The Bureau of a professional order referred to in the first paragraph of section 187.2 may, by by-law, fix standards of equivalence of the training prescribed by the standards fixed by the Office under that section.

1998, c. 18, s. 3.

Not in force

187.4. To obtain a psychotherapist’s permit, a person shall apply to the board of directors of an order referred to in the first paragraph of section 187.2. The board of directors of the order shall issue a permit to that person if the person fulfils the conditions prescribed by the standards established for that purpose under this chapter.

A permit may be suspended or revoked by the board of directors that issued it. A decision made under this paragraph may be appealed from to the Professions Tribunal in accordance with the provisions of Division VIII of Chapter IV.

1998, c. 18, s. 3; 2008, c. 11, s. 1.

187.5. In the exercise of the regulatory power conferred by section 187.2, the Office is authorized to take transitional measures applicable in the first six years after 12 June 1998.

1998, c. 18, s. 3.

CHAPTER VII PENAL PROVISIONS

1992, c. 61, s. 170.

188. Every person who contravenes a provision of this Code, of the Act or letters patent constituting an order or of an amalgamation or integration order is guilty of an offence and is liable to a fine of not less than $600 nor more than $6 000.

1973, c. 43, s. 182; 1988, c. 29, s. 55; 1990, c. 4, s. 226; 1994, c. 40, s. 166; 1998, c. 14, s. 8.

188.1. Every person is guilty of an offence and is liable, for each offence, to the fine prescribed in section 188 who knowingly

(1)  without being a member of a professional order, allows himself to be announced or designated by a title, an abbreviation of that title or initials reserved for members of the order, or by a title, an abbreviation or initials that may lead to the belief that he is a member of the order;

(2)  announces or designates a person who is not a member of a professional order by a title, an abbreviation of that title or initials reserved for members of the order, or by a title, an abbreviation or initials that may lead to the belief that the person is a member of the order;

(3)  through authorization, advice, an order or encouragement, otherwise than by seeking or obtaining professional services from a person who is not a member of a professional order whose members practise an exclusive profession, causes a person who is not a member of the professional order

(a)  to engage in professional activities reserved for the members of the order;

(b)  to use a title or an abbreviation of that title reserved for the members of the order, or a title or abbreviation that may lead to the belief that the person is a member of the order;

(c)  to adopt initials reserved for the members of the order or which may lead to the belief that the person is a member of the order;

(4)  through authorization, advice, an order or encouragement, otherwise than by seeking or obtaining professional services from a person who is not a member of a professional order whose members practise a reserved profession, causes a person who is not a member of the professional order

(a)  to use a title or an abbreviation of that title reserved for the members of the order, or a title or abbreviation that may lead to the belief that the person is a member of the order;

(b)  to adopt initials reserved for the members of the order or which may lead to the belief that the person is a member of the order.

Every person is guilty of an offence and is liable, for each offence, to the fine prescribed in section 188 who, without being an order to which this Code applies, uses the expression “professional order” or another expression containing those two words or an expression that may lead to the belief that it refers to an order governed by this Code, and in particular the expression “professional corporation”.

1988, c. 29, s. 56; 1993, c. 38, s. 4; 1994, c. 40, s. 167.

188.1.1. Every person is guilty of an offence and is liable, for each offence, to the fine prescribed in section 188 who, without being a member of a professional order indicated in a regulation made pursuant to section 183.1, uses titles or abbreviations, attributes initials to himself or associates his name with a word or expression appearing on the list established by the said regulation.

1994, c. 40, s. 168.

188.1.2. Every person is guilty of an offence and is liable, for each offence, to the fine prescribed in section 188 who knowingly

(1)  without being a member of a professional order indicated in a regulation made pursuant to section 183.1, allows himself to be announced or designated by a title, an abbreviation, initials, a word or an expression appearing on the list established by the said regulation;

(2)  announces or designates a person who is not a member of a professional order indicated in a regulation made pursuant to section 183.1 by a title, an abbreviation, initials, a word or an expression appearing on the list established by the said regulation;

(3)  through authorization, advice, an order or encouragement, otherwise than by seeking or obtaining professional services for a person who is not a member of a professional order, causes a person who is not a member of a professional order indicated in a regulation made pursuant to section 183.1 to use a title or an abbreviation or to attribute initials to himself or to associate his name with a word or expression appearing on the list established by the said regulation.

1994, c. 40, s. 168.

188.2. Every person is guilty of an offence and is liable, for each offence, to the fine prescribed in section 188 who

(1)  is not the holder of a specialist’s certificate and knowingly allows himself to be announced or designated by a specialist’s title or a title which may lead to the belief that he may act as a specialist;

(2)  knowingly announces or designates a person who is not the holder of a specialist’s certificate by a specialist’s title or a title which may lead to the belief that he may act as a specialist;

(3)  knowingly leads, by his authorization, advice, order or encouragement, but otherwise than by soliciting or receiving professional services from a person who is not the holder of a specialist’s certificate, a person who is not the holder of such a certificate to

(a)  use a specialist’s title or a title which may lead to the belief that he is a specialist;

(b)  act in such a way as to lead to the belief that he is a specialist.

1988, c. 29, s. 56.

188.3. Where a legal person is guilty of an offence under section 188.1, 188.1.2 or 188.2, every director, executive, officer, representative, attorney or employee of the legal person who knowingly authorized, encouraged, ordered or advised the commission of the offence is guilty of an offence and is liable to the fine prescribed in section 188.

1988, c. 29, s. 56; 1994, c. 40, s. 169.

189. A professional order may, on a resolution of its Bureau or administrative committee and in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1), institute penal proceedings for the unlawful practice of the profession that its members are authorized to practise, unauthorized use of a title reserved for its members, or, as the case may be, an offence under the Act constituting the order.

Penal proceedings for the unlawful practice of a profession that may be practised by the members of an order constituted under an Act, in relation to an act that is part of the practise of that profession, may also be instituted in accordance with the first paragraph by the order whose members are, under that Act or a regulation made under it, authorized to perform that act.

Penal proceedings for the unlawful practice of a profession that may be practised by the members of an order constituted under an Act, in relation to a professional activity that is part of both the practice of that profession and an activity described in section 37, may also be instituted in accordance with the first paragraph by the order whose members are, pursuant to the said section, authorized to practise that professional activity.

Penal proceedings for the unlawful practice of a profession instituted under the second or the third paragraph may be so instituted only against a person who is not a member of a professional order.

A professional order that institutes penal proceedings for the unlawful practice of a profession under the second or the third paragraph shall inform every order whose members are, pursuant to their constituting Acts, authorized to practise that profession.

1973, c. 43, s. 183; 1992, c. 61, s. 171; 1994, c. 40, s. 170.

190. The fine imposed for an offence under section 188 belongs to the order, where it has taken charge of the penal proceedings.

1973, c. 43, s. 184; 1992, c. 61, s. 172; 1994, c. 40, s. 171.

190.1. No search may be carried out in the name of a professional order unless authorized by a warrant. Only the secretary of the order, a syndic or assistant or corresponding syndic, or an inspector or investigator of the professional inspection committee may, if specifically designated by name in each case by resolution of the Bureau or the administrative committee, apply, in the name of the order, for a search warrant.

1994, c. 40, s. 172.

191. If a person repeats the offences contemplated in any of sections 188, 188.1, 188.1.1, 188.1.2, 188.2 and 188.3, the Attorney General or, following his authorization and upon a resolution of the Bureau or the administrative committee of the interested order, the interested order, after penal proceedings have been instituted, may require of the Superior Court an interlocutory writ of injunction enjoining that person or his officers, agents or employees to cease the commission of the offences charged until final judgment is pronounced in penal proceedings.

After pronouncing such judgment, the Superior Court shall itself render final judgment on the application for an injunction.

The Attorney General and the interested order are dispensed from the obligation to give security to obtain a writ of injunction under this section. In all other respects, the provisions of the Code of Civil Procedure respecting writs of injunction apply.

1973, c. 43, s. 185; 1974, c. 65, s. 30; 1988, c. 29, s. 57; 1994, c. 40, s. 173.

CHAPTER VIII INQUIRIES AND IMMUNITIES

192. The following may, in the performance of their duties, examine a record kept by a professional, require the production of any document and make a copy of such record or document:

(1)  a professional inspection committee or a member, inspector, investigator or expert of such a committee;

(2)  a syndic, an assistant or corresponding syndic or an expert retained by the syndic;

(3)  a review committee referred to in section 123.3 or a member of such committee;

(4)  a committee on discipline or a member of such committee;

(5)  the Professions Tribunal or one of its judges;

(6)  any committee of inquiry established by a Bureau or a member of such committee;

(7)  an administrator designated by the Government under section 14.5.

For the purposes of this section, the professional shall, on request, allow the examination of such record or document and may not invoke his obligation to ensure professional secrecy as a reason for refusing to allow it.

1973, c. 43, s. 186; 1974, c. 65, s. 31; 1988, c. 29, s. 58; 1986, c. 95, s. 78; 1994, c. 40, s. 174.

193. The following persons or bodies cannot be prosecuted by reason of acts engaged in in good faith in the performance of their duties or functions:

(1)  a professional inspection committee or a member, inspector, investigator, expert or the secretary of such committee;

(2)  a syndic, an assistant or corresponding syndic or an expert retained by the syndic;

(3)  a review committee referred to in section 123.3 or a member of such committee;

(4)  a committee on discipline or a member or the secretary of such committee;

(5)  the Professions Tribunal or a judge thereof;

(6)  the Bureau, a member of the Bureau or the secretary of the order;

(7)  a committee of inquiry established by a Bureau or a member of such committee;

(8)  the Office or a member of the Office;

(9)  an administrator designated by the Government under section 14.5.

1973, c. 43, s. 187; 1974, c. 65, s. 32, s. 109; 1988, c. 29, s. 59; 1994, c. 40, s. 175.

194. Except on a question of jurisdiction, no extraordinary recourse contemplated in articles 834 to 850 of the Code of Civil Procedure (chapter C-25) shall be exercised and no injunction granted against the persons or bodies mentioned in section 193 acting in their official capacities.

1973, c. 43, s. 188; 1982, c. 16, s. 2; 1994, c. 40, s. 176.

195. Except on a question of jurisdiction, article 33 of the Code of Civil Procedure (chapter C‐25) does not apply to the persons or bodies mentioned in section 193 acting in their official capacities.

1973, c. 43, s. 189; 1982, c. 16, s. 3; 1994, c. 40, s. 177.

196. A judge of the Court of Appeal may, upon motion, summarily annul any writ, order or injunction issued or granted contrary to sections 193 and 194.

1973, c. 43, s. 190; 1979, c. 37, s. 43.

CHAPTER VIII.1 FINANCIAL CONTRIBUTIONS

1995, c. 50, s. 9.

196.1. For the purposes of this chapter, the words “year of reference” mean the fiscal year of the Office used as the basis for computing the contribution fixed under section 196.4.

1995, c. 50, s. 9.

196.2. The expenditures incurred by the Office in a fiscal year shall be payable by the members of the professional orders.

1995, c. 50, s. 9.

196.3. For every fiscal year of the Office, each member of a professional order is required to pay a contribution equal to the total of the expenditures incurred by the Office for a year of reference, divided by the total number of members entered on the rolls of all orders on the last day of the year of reference.

1995, c. 50, s. 9.

196.4. The Government shall fix, for each fiscal year of the Office, the amount of the contribution of each member of an order.

The Office shall send to each order a written request for remittance of the contribution of each of its members on or before 1 January preceding the fiscal year of the Office in respect of which the contribution is fixed.

For the purposes of this section, the first year of reference used as the basis for computing the contribution determined by the Government for the fiscal year 1997-98 begins on 1 April 1994 and ends on 31 March 1995.

1995, c. 50, s. 9.

196.5. Where, for a particular fiscal year, the total amount of the contributions paid under section 196.3 is less than or is more than the amount of the expenditures incurred by the Office, the contribution of each member, established in accordance with section 196.3, shall be increased or reduced, as the case may be.

The increase or reduction shall be determined by establishing the difference between the expenditures incurred by the Office for that fiscal year and the total amount of contributions paid for the year of reference and dividing that difference by the total number of members entered on the roll of every order on the last day of that fiscal year. The charge payable pursuant to section 196.8 shall be deducted when the increase or reduction is determined.

For the purposes of this section, the fiscal year 1998-99 is the first particular fiscal year for which the contribution of each member established in accordance with section 196.3 is increased or reduced. The year of reference used as the basis for computing the contribution begins on 1 April 1995 and ends on 31 March 1996.

1995, c. 50, s. 9.

196.6. Each order is required to collect the contribution of each person entered on the roll from 1 April following the date of the written request for remittance referred to in the second paragraph of section 196.4.

1995, c. 50, s. 9.

196.7. The order shall remit the contributions of its members to the Office on or before 1 May following the date of the written request for remittance referred to in the second paragraph of section 196.4. The contributions collected after that date must be remitted to the Office by the order on or before 31 March following the date of the request for remittance.

1995, c. 50, s. 9.

196.8. Every person or group and every department or other government body shall pay the charge determined by regulation of the Government after consultation with the Office and the Interprofessional Council in respect of any request they submit to the Office or of any act that must be performed by the Office in the exercise of its functions.

1995, c. 50, s. 9.

CHAPTER IX FINAL PROVISIONS

197. The Minister designated for such purpose by the Government is entrusted with the application of this Code and of the Acts constituting the professional orders.

However, the Minister of Justice is entrusted with the application of sections 162 to 177.1, 182.1 to 182.8 and 184.2.

1973, c. 43, s. 191; 1974, c. 65, s. 33; 1994, c. 40, s. 178.

The Minister of Justice is entrusted with the application of this Code and of the Acts constituting the professional orders. Order in Council 121-2005 dated 18 February 2005, (2005) 137 G.O. 2 (French), 874.

198. The Minister may, on the conditions and in the manner determined by the Government, annually grant a subsidy to an order, taking into account the number of its members, to enable it to meet all its obligations under this Code.

The Minister may also, at the time he considers appropriate and according to the terms and conditions he fixes, convene the Interprofessional Council, the Office and the professional orders in order to assess the operation of the various mechanisms set up pursuant to this Code and, as the case may be, the constituting Acts of the professional orders.

1973, c. 43, s. 267 (part); 1994, c. 40, s. 179.

198.1. The Minister must, at the expiry of a period of not more than five years from the date of coming into force of section 123.3 and every five years thereafter, present a report to the Government on the implementation of the provisions relating to the review committee constituted under section 123.3.

The report shall be tabled within the 15 following days before the National Assembly if it is in session or, if not, shall be deposited with the Assembly’s President.

1994, c. 40, s. 180.

199. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE I

(Sections 1, 24, 31, 35)

 1.  The Ordre professionnel des avocats du Québec;
 2.  The Ordre professionnel des notaires du Québec;
 3.  The Ordre professionnel des médecins du Québec;
 4.  The Ordre professionnel des dentistes du Québec;
 5.  The Ordre professionnel des pharmaciens du Québec;
 6.  The Ordre professionnel des optométristes du 
        Québec;
 7.  The Ordre professionnel des médecins vétérinaires
        du Québec;
 8.  The Ordre professionnel des agronomes du Québec;
 9.  The Ordre professionnel des architectes du Québec;
10.  The Ordre professionnel des ingénieurs du Québec;
11.  The Ordre professionnel des arpenteurs-géomètres
        du Québec;
12.  The Ordre professionnel des ingénieurs forestiers
        du Québec;
13.  The Ordre professionnel des chimistes du Québec;
14.  The Ordre professionnel des comptables agréés du
        Québec;
15.  The Ordre professionnel des technologues en
        radiologie du Québec;
16.  The Ordre professionnel des denturologistes du
        Québec;
17.  The Ordre professionnel des opticiens d’ordonnance
        du Québec;
18.  The Ordre professionnel des chiropraticiens du
        Québec;
19.  The Ordre professionnel des audioprothésistes du
        Québec;
20.  The Ordre professionnel des podiatres du Québec;
21.  The Ordre professionnel des infirmières et
        infirmiers du Québec;
21.1 The Ordre professionnel des acupuncteurs du
        Québec;
21.2 The Ordre professionnel des huissiers de justice
        du Québec;
21.3 The Ordre professionnel des sages-femmes du Québec; 
22.  The Ordre professionnel des comptables en
        management accrédités du Québec;
23.  The Ordre professionnel des comptables généraux
        licenciés du Québec;
24.  The Ordre professionnel des diététistes du Québec;
25.  The Ordre professionnel des travailleurs sociaux
        du Québec;
26.  The Ordre professionnel des psychologues du Québec;
27.  The Ordre professionnel des conseillers en
        relations industrielles du Québec;
28.  The Ordre professionnel des conseillers et
        conseillères d’orientation du Québec;
29.  The Ordre professionnel des urbanistes du Québec;
30.  The Ordre professionnel des administrateurs agréés
        du Québec;
31.  The Ordre professionnel des évaluateurs agréés du
        Québec;
32.  The Ordre professionnel des hygiénistes dentaires
        du Québec;
33.  The Ordre professionnel des techniciens et
        techniciennes dentaires du Québec;
34.  The Ordre professionnel des orthophonistes et
        audiologistes du Québec;
35.  The Ordre professionnel des physiothérapeutes du
        Québec;
36.  The Ordre professionnel des ergothérapeutes du
        Québec;
37.  The Ordre professionnel des infirmières et
        infirmiers auxiliaires du Québec;
38.  The Ordre professionnel des technologistes
        médicaux du Québec;
39.  The Ordre professionnel des technologues
        professionnels du Québec;
40.  The Ordre professionnel des
        inhalothérapeutes du Québec;
41.  The Ordre professionnel des traducteurs et
        interprètes agréés du Québec.

1973, c. 43, Schedule I; 1974, c. 65, s. 40; 1977, c. 5, s. 229; 1987, c. 17, s. 3; 1988, c. 29, s. 60; 1993, c. 38, s. 5; 1994, c. 40, s. 181; 1994, c. 37, s. 18; 1995, c. 41, s. 22; 1999, c. 24, s. 18.

SCHEDULE II

(Sections 11, 14.1, 111, 124)

Oath or affirmation of discretion

I, A. B., swear (or solemnly affirm) that I will not reveal or make known, without being authorized therefor by law, anything whatsoever of which I have taken cognizance in the performance of my duties. (In the case of taking the oath, add: “So help me God.”)

1973, c. 43, Schedule II; 1994, c. 40, s. 182.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 43 of the statutes of 1973, in force on 31 December 1977, is repealed, except sections 192, 193, 195, 196, 199 to 201, 203 to 205, 207 to 209, 211 to 213, 215 to 217, 219 to 221, 223 to 225, 227 to 229, 231 to 233, 235 to 240, 242 to 244, 246 to 264, 266 and 268, effective from the coming into force of chapter C-26 of the Revised Statutes.

Section 89 of this Code will be amended upon the coming into force of section 56 of chapter 80 of the statutes of 1997 on the date fixed by order of the Government.

Sections 182.1 and 182.2 of this Code will be amended upon the coming into force of sections 1 and 2 of chapter 18 of the statutes of 1998 on the date or dates fixed by order of the Government.

Any provisions referred to in this Code as “not in force” will come into force on the date or dates fixed by order of the Government (1998, c. 18, s. 4).