C-26, r. 123 - Code of ethics of chartered appraisers

Section 50 Disposition versions

2018-04-12

50. Every chartered appraiser must refrain from performing any of the following acts:

(1)  communicating with a complainant without the prior written permission of the syndic, or the assistant or corresponding syndic, where he is informed that he is the subject of an inquiry into his conduct or professional competence or where he has been served notice of a complaint against him;

(2)  repeatedly or insistently inciting a person whether personally or through a natural or legal person, a partnership or joint-stock company, a group, to have recourse to his professional services;

(3)  failing to notify the syndic of the Order that he has reason to believe that there is a situation likely to affect the competence or integrity of another chartered appraiser or that another chartered appraiser contravenes the Professional Code or a regulation made under the Code or that a partnership or joint-stock company within which members carry on their professional activities contravenes the Code and its regulations;

(4)  ordering or inciting another chartered appraiser to perform an act that contravenes the regulations of the Order;

(5)  conspiring with any person, in any manner whatsoever, to procure clients or business whether personally or through a natural or legal person, a partnership or joint-stock company, a group;

(6)  drawing up an unqualified declaration or report that he knows to be incomplete, or a report that he knows to be false or the conclusion of which has been predetermined with respect to the value of a thing or a right;

(7)  refusing or neglecting to meet or communicate with the syndic, or the assistant or corresponding syndic, after being informed that he is the subject of an inquiry into his conduct or professional competence, or after being served notice of a complaint against him;

(8)  attempting to obtain a contract that, to his knowledge, has already been awarded to a colleague;

(9)  entering into an agreement or permitting an agreement to be entered into within a partnership or joint-stock company in which the chartered appraiser practises, including a unanimous agreement between shareholders, that operates to impair the independence, objectivity and integrity required for the practice of the profession or compliance by the chartered appraiser with the Professional Code and the regulations made under the Code;

(10)  carrying on professional activities within, or having interest in, a partnership or joint-stock company if a partner, shareholder, director, officer or representative of the partnership or joint-stock company governed by the Professional Code, has been struck off the roll for more than 3 months or has had his or her permit revoked, unless the partner, shareholder, director, officer or representative

(a)  ceases to hold a position of director, officer or representative within the partnership or joint-stock company within 10 days of the date on which the striking off the roll or permit revocation becomes executory;

(b)  ceases to attend shareholder meetings and to exercise voting rights, if applicable, within 10 days of the date on which the striking off the roll or permit revocation becomes executory;

(c)  disposes of his or her voting shares or transfers them to a trustee within 10 days of the date on which the striking off the roll or permit revocation becomes executory; and

(11)  committing any act involving collusion, corruption, malfeasance, breach of trust or influence peddling.

O.C. 1282-2000, s. 50; O.C. 161-2012, s. 10; O.C. 251-2018, ss. 20 and 24; O.C. 653-2018.

2012-09-01

50. In addition to sections 57, 58, 58.1, 59.1 and 59.2 of the Professional Code (chapter C-26) and those that may be determined pursuant to the second paragraph of section 152 of the Professional Code, the following acts are derogatory to the dignity of the profession:

(1)  communicating with a complainant without the prior written permission of the syndic, or the assistant or corresponding syndic, where he is informed that he is the subject of an inquiry into his conduct or professional competence or where he has been served notice of a complaint against him;

(2)  repeatedly or insistently inciting a person whether personally or through a natural or legal person, a partnership or joint-stock company, a group, to have recourse to his professional services;

(3)  failing to notify the syndic of the Order that he has reasonable cause to believe that another member of the Order is incompetent or contravenes the Professional Code or a regulation made under the Code or that a partnership or joint-stock company within which members carry on their professional activities contravenes the Code and its regulations;

(4)  ordering or inciting another appraiser to perform an act that contravenes the regulations of the Order;

(5)  conspiring with any person, in any manner whatsoever, to procure clients or business whether personally or through a natural or legal person, a partnership or joint-stock company, a group;

(6)  drawing up an unqualified declaration or report that he knows to be incomplete, or a report that he knows to be false or the conclusion of which has been predetermined with respect to the value of a thing or a right;

(7)  refusing or neglecting to meet or communicate with the syndic, or the assistant or corresponding syndic, after being informed that he is the subject of an inquiry into his conduct or professional competence, or after being served notice of a complaint against him;

(8)  attempting to obtain a contract that, to his knowledge, has already been awarded to a colleague;

(9)  entering into an agreement or permitting an agreement to be entered into within a partnership or joint-stock company in which the appraiser practises, including a unanimous agreement between shareholders, that operates to impair the independence, objectivity and integrity required for the practice of the profession or compliance by the appraiser with the Professional Code and the regulations made under the Code;

(10)  carrying on professional activities within, or having interest in, a partnership or joint-stock company if a partner, shareholder, director, officer or representative of the partnership or joint-stock company governed by the Professional Code, has been struck off the roll for more than 3 months or has had his or her permit revoked, unless the partner, shareholder, director, officer or representative

(a)  ceases to hold a position of director, officer or representative within the partnership or joint-stock company within 10 days of the date on which the striking off the roll or permit revocation becomes executory;

(b)  ceases to attend shareholder meetings and to exercise voting rights, if applicable, within 10 days of the date on which the striking off the roll or permit revocation becomes executory; and

(c)  disposes of his or her voting shares or transfers them to a trustee within 10 days of the date on which the striking off the roll or permit revocation becomes executory.

O.C. 1282-2000, s. 50; O.C. 161-2012, s. 10.