164. An appeal lies to the Professions Tribunal from(1) a decision of the committee on discipline ordering a provisional striking off the roll or provisional restriction of the right to engage in professional activities, 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 or its chairman, 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 time 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; 1999, c. 40, s. 58; 2004, c. 15, s. 7; 2007, c. 35, s. 20.