C-26 - Professional Code

Section 133 Disposition versions

2016-01-01

133. The secretary of the disciplinary council must send a copy of the request for provisional striking off the roll or immediate provisional restriction of the right to engage in professional activities to the senior chair as soon as possible. The request must be heard and decided by preference after notice is served on the respondent by the secretary of the disciplinary council in accordance with the Code of Civil Procedure (chapter C-25.01) at least two clear working days before the beginning of the hearing. The hearing must begin not later than 10 days after service of the complaint.

Following the hearing, the disciplinary council may make an order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities against the respondent if it considers that the protection of the public requires it.

The order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities becomes enforceable on being served on the respondent by the secretary of the disciplinary council in accordance with the Code of Civil Procedure. However, where the order is rendered in the presence of one of the parties, it is deemed to have been served on that party on being so rendered; the secretary shall indicate in the minutes the presence or absence of the parties when the council renders the order.

The order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities remains in force until the decision of the disciplinary council dismissing the complaint or imposing a penalty, as the case may be, is served, unless the council decides otherwise. However, where the council imposes a penalty under subparagraph b or e of the first paragraph of section 156, the order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities remains in force until the decision imposing such a penalty becomes enforceable in accordance with section 158 or, where an appeal from the decision to allow the complaint or impose such a penalty is lodged, until the final decision of the Professions Tribunal becomes enforceable in accordance with the third paragraph of section 177, unless the tribunal decides otherwise.

The disciplinary council must, on rendering a decision imposing provisional striking off the roll or immediate provisional restriction of the right to engage in professional activities, decide whether a notice of the decision must be published in a newspaper having general circulation in the place where the professional has his professional domicile and in any other place where the professional has practised or could practise. If the council orders the publication of a notice, it must, in addition, decide whether the publication expenses are to be paid by the professional or by the order, or apportioned between them. The secretary of the council shall choose the newspaper most likely to be read by the professional’s clientele.

A notice shall include the name of the respondent, the place of his professional domicile, the name of the order of which he is a member, his specialty, if any, the date and nature of the facts with which he is charged and the date and a summary of the decision.

A decision of the disciplinary council ordering the respondent or the order, or both, to pay the expenses referred to in the fifth paragraph may, if payment is not made voluntarily, be homologated by the Court of Québec, and the decision becomes enforceable in the same manner as any judgment of that court.

1975, c. 80, s. 14; 1994, c. 40, s. 118; 2004, c. 15, s. 5; 2008, c. 11, s. 1, s. 101, s. 151; 2009, c. 35, s. 11; 2013, c. 12, s. 18; I.N. 2016-01-01 (NCCP).

2015-07-13

133. The secretary of the disciplinary council must send a copy of the request for provisional striking off the roll or immediate provisional restriction of the right to engage in professional activities to the senior chair as soon as possible. The request must be heard and decided by preference after notice is served on the respondent by the secretary of the disciplinary council in accordance with the Code of Civil Procedure (chapter C-25) at least two clear juridical days before the beginning of the hearing. The hearing must begin not later than 10 days after service of the complaint.

Following the hearing, the disciplinary council may make an order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities against the respondent if it considers that the protection of the public requires it.

The order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities becomes enforceable on being served on the respondent by the secretary of the disciplinary council in accordance with the Code of Civil Procedure. However, where the order is rendered in the presence of one of the parties, it is deemed to have been served on that party on being so rendered; the secretary shall indicate in the minutes the presence or absence of the parties when the council renders the order.

The order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities remains in force until the decision of the disciplinary council dismissing the complaint or imposing a penalty, as the case may be, is served, unless the council decides otherwise. However, where the council imposes a penalty under subparagraph b or e of the first paragraph of section 156, the order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities remains in force until the decision imposing such a penalty becomes enforceable in accordance with section 158 or, where an appeal from the decision to allow the complaint or impose such a penalty is lodged, until the final decision of the Professions Tribunal becomes enforceable in accordance with the third paragraph of section 177, unless the tribunal decides otherwise.

The disciplinary council must, on rendering a decision imposing provisional striking off the roll or immediate provisional restriction of the right to engage in professional activities, decide whether a notice of the decision must be published in a newspaper having general circulation in the place where the professional has his professional domicile and in any other place where the professional has practised or could practise. If the council orders the publication of a notice, it must, in addition, decide whether the publication expenses are to be paid by the professional or by the order, or apportioned between them. The secretary of the council shall choose the newspaper most likely to be read by the professional’s clientele.

A notice shall include the name of the respondent, the place of his professional domicile, the name of the order of which he is a member, his specialty, if any, the date and nature of the facts with which he is charged and the date and a summary of the decision.

A decision of the disciplinary council ordering the respondent or the order, or both, to pay the expenses referred to in the fifth paragraph may, if payment is not made voluntarily, be homologated by the Court of Québec, and the decision becomes enforceable in the same manner as any judgment of that court.

1975, c. 80, s. 14; 1994, c. 40, s. 118; 2004, c. 15, s. 5; 2008, c. 11, s. 1, s. 101, s. 151; 2009, c. 35, s. 11; 2013, c. 12, s. 18.

2009-06-19

133. The request for provisional striking off the roll or immediate provisional restriction of the right to engage in professional activities must be heard and decided by preference after notice is served on the respondent by the secretary of the disciplinary council in accordance with the Code of Civil Procedure (chapter C-25) at least two clear juridical days before the beginning of the hearing. The hearing must begin not later than 10 days after service of the complaint.

Following the hearing, the disciplinary council may make an order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities against the respondent if it considers that the protection of the public requires it.

The order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities becomes enforceable on being served on the respondent by the secretary of the disciplinary council in accordance with the Code of Civil Procedure. However, where the order is rendered in the presence of one of the parties, it is deemed to have been served on that party on being so rendered; the secretary shall indicate in the minutes the presence or absence of the parties when the council renders the order.

The order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities remains in force until the decision of the disciplinary council dismissing the complaint or imposing a penalty, as the case may be, is served, unless the council decides otherwise. However, where the council imposes a penalty under subparagraph b or e of the first paragraph of section 156, the order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities remains in force until the decision imposing such a penalty becomes enforceable in accordance with section 158 or, where an appeal from the decision to allow the complaint or impose such a penalty is lodged, until the final decision of the Professions Tribunal becomes enforceable in accordance with the third paragraph of section 177, unless the tribunal decides otherwise.

The disciplinary council must, on rendering a decision imposing provisional striking off the roll or immediate provisional restriction of the right to engage in professional activities, decide whether a notice of the decision must be published in a newspaper having general circulation in the place where the professional has his professional domicile and in any other place where the professional has practised or could practise. If the council orders the publication of a notice, it must, in addition, decide whether the publication expenses are to be paid by the professional or by the order, or apportioned between them. The secretary of the council shall choose the newspaper most likely to be read by the professional’s clientele.

A notice shall include the name of the respondent, the place of his professional domicile, the name of the order of which he is a member, his specialty, if any, the date and nature of the facts with which he is charged and the date and a summary of the decision.

A decision of the disciplinary council ordering the respondent or the order, or both, to pay the expenses referred to in the fifth paragraph may, if payment is not made voluntarily, be homologated by the Court of Québec, and the decision becomes enforceable in the same manner as any judgment of that court.

1975, c. 80, s. 14; 1994, c. 40, s. 118; 2004, c. 15, s. 5; 2008, c. 11, s. 1, s. 101, s. 151; 2009, c. 35, s. 11.

2008-10-15

133. The request for provisional striking off the roll or immediate provisional restriction of the right to engage in professional activities must be heard and decided by preference after notice is served on the respondent by the secretary of the disciplinary council in accordance with the Code of Civil Procedure (chapter C‐25) at least two clear juridical days before the hearing and not later than 10 days after service of the complaint.

Following the hearing, the disciplinary council may make an order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities against the respondent if it considers that the protection of the public requires it.

The order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities becomes enforceable on being served on the respondent by the secretary of the disciplinary council in accordance with the Code of Civil Procedure. However, where the order is rendered in the presence of one of the parties, it is deemed to have been served on that party on being so rendered; the secretary shall indicate in the minutes the presence or absence of the parties when the council renders the order.

The order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities remains in force until the decision of the disciplinary council dismissing the complaint or imposing a penalty, as the case may be, is served, unless the council decides otherwise. However, where the council imposes a penalty under subparagraph b or e of the first paragraph of section 156, the order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities remains in force until the decision imposing such a penalty becomes enforceable in accordance with section 158 or, where an appeal from the decision to allow the complaint or impose such a penalty is lodged, until the final decision of the Professions Tribunal becomes enforceable in accordance with the third paragraph of section 177, unless the tribunal decides otherwise.

The disciplinary council must, on rendering a decision imposing provisional striking off the roll or immediate provisional restriction of the right to engage in professional activities, decide whether a notice of the decision must be published in a newspaper having general circulation in the place where the professional has his professional domicile and in any other place where the professional has practised or could practise. If the council orders the publication of a notice, it must, in addition, decide whether the publication expenses are to be paid by the professional or by the order, or apportioned between them. The secretary of the council shall choose the newspaper most likely to be read by the professional’s clientele.

A notice shall include the name of the respondent, the place of his professional domicile, the name of the order of which he is a member, his specialty, if any, the date and nature of the facts with which he is charged and the date and a summary of the decision.

A decision of the disciplinary council ordering the respondent or the order, or both, to pay the expenses referred to in the fifth paragraph may, if payment is not made voluntarily, be homologated by the Court of Québec, and the decision becomes enforceable in the same manner as any judgment of that court.

1975, c. 80, s. 14; 1994, c. 40, s. 118; 2004, c. 15, s. 5; 2008, c. 11, s. 1, s. 101, s. 151.

2004-06-17

133. The hearing on a request for provisional striking off the roll or provisional restriction of the right to engage in professional activities must begin within 10 days of service of the complaint, after notice is served on the respondent in accordance with the Code of Civil Procedure (chapter C-25) by the secretary of the committee on discipline at least three clear juridical days before such hearing.

Following such hearing, the committee may make an order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities against the respondent if it considers that the protection of the public requires it.

The order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities becomes executory on being served on the respondent by the secretary of the committee on discipline in accordance with the Code of Civil Procedure. However, where the order is rendered in the presence of one of the parties, it is deemed to have been served on that party on being so rendered; the secretary shall indicate in the minutes the presence or absence of the parties when the committee renders the order.

The order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities remains in force until the decision of the committee dismissing the complaint or imposing a penalty, as the case may be, is served, unless the committee decides otherwise. However, where the committee imposes a penalty under subparagraph b or e of the first paragraph of section 156, the order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities remains in force until the decision imposing such a penalty becomes executory in accordance with section 158 or, where an appeal from the decision to allow the complaint or impose such a penalty is lodged, until the final decision of the Professions Tribunal becomes executory in accordance with the third paragraph of section 177, unless the tribunal decides otherwise.

The committee on discipline shall, in a decision imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities, decide whether or not the secretary is to cause a notice thereof to be published in a newspaper having general circulation in the locality where the professional has his professional domicile. If the committee orders the publication of such a notice, it shall, in addition, decide if the expenses incurred for publication are to be paid by the professional or by the order, or apportioned between them.

The notice shall include the name of the respondent, the place of his professional domicile, the name of the order of which he is a member, his specialty, if any, the date and nature of the facts with which he is charged and the date and a summary of the decision.

A decision of the committee on discipline ordering the respondent or the order, or both, to pay the expenses referred to in the fifth paragraph may, if payment is not made voluntarily, be homologated by the Court of Québec, and the decision becomes executory in the same manner as any judgment of that court.

1975, c. 80, s. 14; 1994, c. 40, s. 118; 2004, c. 15, s. 5.

1994-10-15

133. The hearing on a request for provisional striking off the roll must begin within 10 days of service of the complaint, after notice is served on the respondent in accordance with the Code of Civil Procedure (chapter C-25) by the secretary of the committee on discipline at least three clear juridical days before such hearing.

Following such hearing, the committee may make an order imposing provisional striking off the roll against the respondent if it considers that the protection of the public requires it.

The order imposing provisional striking off the roll becomes executory on being served on the respondent by the secretary of the committee on discipline in accordance with the Code of Civil Procedure. However, where the order is rendered in the presence of one of the parties, it is deemed to have been served on that party on being so rendered; the secretary shall indicate in the minutes the presence or absence of the parties when the committee renders the order.

The order imposing provisional striking off the roll remains in force until the decision of the committee dismissing the complaint or imposing a penalty, as the case may be, is served, unless the committee decides otherwise. However, where the committee imposes a penalty under subparagraph b or e of the first paragraph of section 156, the order imposing provisional striking off the roll remains in force until the decision imposing such a penalty becomes executory in accordance with section 158 or, where an appeal from the decision to allow the complaint or impose such a penalty is lodged, until the final decision of the Professions Tribunal becomes executory in accordance with the third paragraph of section 177, unless the tribunal decides otherwise.

The committee on discipline shall, in a decision imposing provisional striking off the roll, decide whether or not the secretary is to cause a notice thereof to be published in a newspaper having general circulation in the locality where the professional has his professional domicile. If the committee orders the publication of such a notice, it shall, in addition, decide if the expenses incurred for publication are to be paid by the professional or by the order, or apportioned between them.

The notice shall include the name of the respondent, the place of his professional domicile, the name of the order of which he is a member, his specialty, if any, the date and nature of the facts with which he is charged and the date and a summary of the decision.

A decision of the committee on discipline ordering the respondent or the order, or both, to pay the expenses referred to in the fifth paragraph may, if payment is not made voluntarily, be homologated by the Court of Québec, and the decision becomes executory in the same manner as any judgment of that court.

1975, c. 80, s. 14; 1994, c. 40, s. 118.

1977-12-31

133. The hearing on a request for provisional striking off the roll must begin within ten days of service of the complaint, after notice is served on the respondent in accordance with the Code of Civil Procedure by the secretary of the committee on discipline at least three clear juridical days before such hearing.

Following such hearing, the committee may make an order imposing provisional striking off the roll against the respondent if it considers that the protection of the public requires it.

The order imposing provisional striking off the roll becomes executory on being served on the respondent by the secretary of the committee on discipline in accordance with the Code of Civil Procedure; it remains effective until the service of the final decision of the committee, unless the committee decides otherwise.

1975, c. 80, s. 14.