C-26 - Professional Code

Section 119 Disposition versions

2015-07-13

119. (Repealed).

1973, c. 43, s. 117; 1994, c. 40, s. 106; 1999, c. 40, s. 58; 2002, c. 32, s. 1; 2008, c. 11, s. 1, s. 84, s. 213; 2013, c. 12, s. 9.

2008-10-15

119. Where a member of the disciplinary council is absent or unable to act, he may be replaced by a person who will perform his duties; 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 chair or the substitute chair, may validly proceed with the hearing and render a decision.

A chair or substitute chair of a council who is appointed to a court or body in which no concurrent functions may be exercised, shall retain jurisdiction and may continue, without remuneration therefor, to perform his duties within the council to conclude the cases he had begun to hear at the time of the appointment.

However, if the appointment is made after the council has handed down the conviction and the person appointed does not avail himself of the third paragraph, another division shall be formed without delay to hear the parties in relation to the penalty and to impose it. The new division shall impose the penalty within 90 days after being formed. Interlocutory decisions rendered by another division before continuance of suit remain valid.

1973, c. 43, s. 117; 1994, c. 40, s. 106; 1999, c. 40, s. 58; 2002, c. 32, s. 1; 2008, c. 11, s. 1, s. 84, s. 213.

2002-06-14

119. Where a member of the committee is absent or unable to act, he may be replaced by a person who will perform his duties; 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.

A chairman or substitute chairman of a committee who is appointed to a court or body in which no concurrent functions may be exercised, shall retain jurisdiction and may continue, without remuneration therefor, to perform his duties within the committee to conclude the cases of which he was seized at the time of the appointment.

However, if the appointment is made after the committee has made a finding of guilt and the person appointed does not avail himself of the provisions of the third paragraph, another committee shall be formed to hear the parties in relation to the penalty and to impose it. The committee shall impose the penalty within 90 days after being formed.

1973, c. 43, s. 117; 1994, c. 40, s. 106; 1999, c. 40, s. 58; 2002, c. 32, s. 1.

1999-10-22

119. Where a member of the committee is absent or unable to act, he may be replaced by a person who will perform his duties; 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; 1999, c. 40, s. 58.

1994-10-15

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.

1977-12-31

119. When a member or the secretary of the committee is unable to act, he may be replaced by a person appointed to perform his duties while he is unable to act; such substitute shall be appointed according to the same mode of appointment as the person to be replaced and his salary, fees or indemnities shall be fixed in the same manner as the salary, fees or indemnity of the latter.

1973, c. 43, s. 117.