C-26, r. 14 - Code of ethics of chartered administrators

Section 73 Disposition versions

2012-09-01

73. In addition to the acts referred to in the Professional Code (chapter C-26) or that may be determined pursuant to subparagraph 1 of the second paragraph of section 152 of that Code, the following acts are derogatory to the dignity of the profession of chartered administrator:

(1)  inducing someone insistently or in a pressing, unreasonable, undue or repeated manner to have recourse to the chartered administrator’s professional services;

(2)  communicating with the plaintiff without the prior written permission of the syndic or assistant syndic once informed of an investigation into the chartered administrator’s professional conduct or a complaint has been served on the chartered administrator;

(3)  continuing to act on behalf of a client where once aware that the client is acting fraudulently;

(4)  advising or encouraging someone to commit an illegal, fraudulent or reprehensible act;

(5)  not informing the syndic or assistant syndic within a reasonable time after personally becoming aware of a derogatory act committed by another chartered administrator;

(6)  refusing or neglecting to fulfill the requirements of the syndic or assistant syndic;

(7)  charging fees to a client for interviews, communications or correspondence with the syndic or assistant syndic following requests made by them for information or explanations about a matter concerning the chartered administrator;

(8)  charging fees for professional acts that were not performed or providing a receipt or another document that falsely indicates that services have been rendered;

(9)  not informing the client as soon as the chartered administrator realizes there is a possible conflict of interest;

(10)  not informing the client when the chartered administrator is no longer capable of performing the work or intervention accepted or entrusted;

(11)  continuing to act in violation of a provision of this Code, the Professional Code, a regulation made under the latter Code or a resolution of the board of directors; and

(12)  carrying on professional activities within a company or partnership, or having interest in such company or partnership, where a partner, shareholder, director, officer or employee of the company or partnership, is struck off the roll for a period of 3 months or has his professional permit revoked, except where the partner, shareholder, director, officer or employee:

(a)  ceases to act as a director or officer within 15 days from the date on which the striking off or revocation becomes executory;

(b)  ceases to attend all shareholders meetings and to exercise his right to vote within 15 days from the date on which the striking off or revocation becomes executory;

(c)  disposes of his company shares with voting rights or leaves them in the care of a trustee within 15 days from the date on which the striking off or revocation becomes executory.

O.C. 234-2003, s. 73; O.C. 528-2011, s. 17.