C-26 - Professional Code

Section 123.6 Disposition versions

2020-12-11

123.6. A syndic who considers that a settlement could be reached on the facts alleged in support of the request for an inquiry may propose conciliation to the person who made the request and the professional at any time before the complaint against the professional is lodged with the disciplinary council.

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

Before proposing conciliation, a syndic must consider such factors as the gravity of the prejudice sustained and any previous conviction of the professional under this division for an offence in connection with facts similar to those alleged in support of the request for an inquiry.

However, a syndic may not propose conciliation if he considers that the facts alleged in support of the request for an inquiry

(1)  are such that the public could be at risk or public trust in the members of the order could be compromised if the disciplinary council were not seized of the complaint; or

(2)  indicate that the professional may have engaged in a derogatory act within the meaning of sections 59.1 and 59.1.2.

1994, c. 40, s. 110; 2000, c. 13, s. 27; 2008, c. 11, s. 93; 2020, c. 28, s. 9.

2008-10-15

123.6. A syndic who considers that a settlement could be reached on the facts alleged in support of the request for an inquiry may propose conciliation to the person who made the request and the professional at any time before the complaint against the professional is lodged with the disciplinary council.

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

Before proposing conciliation, a syndic must consider such factors as the gravity of the prejudice sustained and any previous conviction of the professional under this division for an offence in connection with facts similar to those alleged in support of the request for an inquiry.

However, a syndic may not propose conciliation if he considers that the facts alleged in support of the request for an inquiry

(1)  are such that the public could be at risk or public trust in the members of the order could be compromised if the disciplinary council were not seized of the complaint; or

(2)  indicate that the professional may have engaged in a derogatory act within the meaning of section 59.1.

1994, c. 40, s. 110; 2000, c. 13, s. 27; 2008, c. 11, s. 93.

2000-07-12

123.6. Where the syndic or assistant 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 or assistant syndic shall take all reasonable steps, having regard to all the circumstances, to attempt to conciliate the parties.

However, the syndic or assistant 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 or assistant 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; 2000, c. 13, s. 27.

1994-10-15

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.