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C-26 - Professional Code

Section 159
Disposition versions

Full text
159. When a decision of the disciplinary council requires the professional to remit a sum of money in accordance with subparagraph d of the first paragraph of section 156, the secretary of the council shall inform the person entitled to that sum as soon as possible.
Within 10 days after an appeal is dismissed or, if none is lodged, within 10 days after the time limit for appeal expires, the order may pay the sum fixed by the council to the person entitled to it. In such a case, the order is subrogated to the rights of the person entitled to the sum and may then recover the sum from the offending professional by having the council’s decision homologated by the Superior Court or the Court of Québec, depending on which court has jurisdiction given the amount involved, in the judicial district in which the professional has his professional domicile. Once homologated, the council’s decision becomes enforceable as a judgment of the court. Prescription runs against the order from the date the sum is paid.
In the case of the preceding paragraph, the professional is automatically struck off the roll from the day on which the order pays to the person entitled to it the amount of money fixed by the disciplinary council, until such time as the professional fully reimburses the order in principal, interest and costs; this reimbursement shall not terminate his being struck off under another decision.
The board of directors of the order may, upon motion, suspend a striking off made under this section, provided that the professional struck off undertakes in writing to reimburse fully the amount that he owes, within a fixed time.
1973, c. 43, s. 155; 1988, c. 21, s. 66; 1994, c. 40, s. 138; 1999, c. 40, s. 58; 2008, c. 11, s. 1, s. 116; 2013, c. 12, s. 24.
159. When a decision of the disciplinary council requires the professional to remit a sum of money in accordance with subparagraph d of the first paragraph of section 156, the secretary of the council shall inform the person entitled to that sum without delay.
Within 10 days after an appeal is dismissed or, if none is lodged, within 10 days after the time limit for appeal expires, the order may pay the sum fixed by the council to the person entitled to it. In such a case, the order is subrogated to the rights of the person entitled to the sum and may then recover the sum from the offending professional by having the council’s decision homologated by the Superior Court or the Court of Québec, depending on which court has jurisdiction given the amount involved, in the judicial district in which the professional has his professional domicile. Once homologated, the council’s decision becomes enforceable as a judgment of the court. Prescription runs against the order from the date the sum is paid.
In the case of the preceding paragraph, the professional is automatically struck off the roll from the day on which the order pays to the person entitled to it the amount of money fixed by the disciplinary council, until such time as the professional fully reimburses the order in principal, interest and costs; this reimbursement shall not terminate his being struck off under another decision.
The board of directors of the order may, upon motion, suspend a striking off made under this section, provided that the professional struck off undertakes in writing to reimburse fully the amount that he owes, within a fixed time.
1973, c. 43, s. 155; 1988, c. 21, s. 66; 1994, c. 40, s. 138; 1999, c. 40, s. 58; 2008, c. 11, s. 1, s. 116.
159. When a decision of the committee on discipline obliges a professional found guilty to remit a sum of money in accordance with subparagraph d of the first paragraph of section 156 and includes a recommendation to the order to pay that sum to the person entitled to it, the secretary of the committee shall inform such person of it within six days.
Within ten days of dismissal of an appeal or expiry of the time limit for appeal if none is lodged, the order may pay the amount fixed by the committee out of the indemnity fund and may then recover such amount from the offending professional, by causing the committee’s decision to be homologated by the Superior Court or the Court of Québec having jurisdiction, according to the amount involved, in the judicial district in which the professional has his professional domicile. Once homologated, the committee’s decision becomes executory in the same manner as any judgment of the court that homologated it.
In the case of the preceding paragraph, the professional is automatically struck off the roll from the day on which the order pays to the person entitled to it the amount of money fixed by the committee on discipline, until such time as the professional fully reimburses the order in principal, interest and costs; this reimbursement shall not terminate his being struck off under another decision.
The Bureau of the order may, upon motion, suspend a striking off made under this section, provided that the professional struck off undertakes in writing to reimburse fully the amount that he owes, within a fixed time.
1973, c. 43, s. 155; 1988, c. 21, s. 66; 1994, c. 40, s. 138; 1999, c. 40, s. 58.
159. When a decision of the committee on discipline obliges a professional found guilty to remit a sum of money in accordance with subparagraph d of the first paragraph of section 156 and includes a recommendation to the order to pay that sum to the person entitled to it, the secretary of the committee shall inform such person of it within six days.
Within ten days of dismissal of an appeal or expiry of the time limit for appeal if none is lodged, the order may pay the amount fixed by the committee out of the indemnity fund and may then recover such amount from the offending professional, by causing the committee’s decision to be homologated by the Superior Court or the Court of Québec having jurisdiction, according to the amount involved, in the judicial district in which the professional has his professional domicile. Once homologated, the committee’s decision becomes executory in the same manner as any judgment of the court that homologated it.
In the case of the preceding paragraph, the professional is automatically struck off the roll from the day on which the order pays to the person entitled to it the amount of money fixed by the committee on discipline, until such time as the professional fully reimburses the order in principal, interest and costs; this reimbursement shall not terminate his being struck off under another decision.
The Bureau of the order may, upon motion, suspend a striking off made under this section, provided that the professional struck off undertakes in writing to reimburse fully the amount that he owes, within a fixed delay.
1973, c. 43, s. 155; 1988, c. 21, s. 66; 1994, c. 40, s. 138.
159. When a decision of the committee on discipline obliges the accused to remit a sum of money in accordance with subparagraph d of the first paragraph of section 156 and includes a recommendation to the corporation to pay that sum to the person entitled to it, the secretary of the committee shall inform such person of it within six days.
Within ten days of dismissal of an appeal or expiry of the delay for appeal if none is lodged, the corporation may pay the amount fixed by the committee out of the indemnity fund and may then recover such amount from the offending professional, by causing the committee’s decision to be homologated by the Superior Court or the Court of Québec having jurisdiction, according to the amount involved, in the judicial district in which the professional principally practises his profession. Once homologated, the committee’s decision becomes executory in the same manner as any judgment of the court which homologated it.
In the case of the preceding paragraph, the professional is automatically struck off the roll from the day on which the corporation pays to the person entitled to it the amount of money fixed by the committee on discipline, until such time as the professional fully reimburses the corporation in principal, interest and costs; this reimbursement shall not terminate his being struck off under another decision.
The Bureau of the corporation may, upon motion, suspend a striking off made under this section, provided that the professional struck off undertakes in writing to reimburse fully the amount that he owes, within a fixed delay.
1973, c. 43, s. 155; 1988, c. 21, s. 66.
159. When a decision of the committee on discipline obliges the accused to remit a sum of money in accordance with subparagraph d of the first paragraph of section 156 and includes a recommendation to the corporation to pay that sum to the person entitled to it, the secretary of the committee shall inform such person of it within six days.
Within ten days of dismissal of an appeal or expiry of the delay for appeal if none is lodged, the corporation may pay the amount fixed by the committee out of the indemnity fund and may then recover such amount from the offending professional, by causing the committee’s decision to be homologated by the Superior Court or the Provincial Court having jurisdiction, according to the amount involved, in the judicial district in which the professional principally practises his profession. Once homologated, the committee’s decision becomes executory in the same manner as any judgment of the court which homologated it.
In the case of the preceding paragraph, the professional is automatically struck off the roll from the day on which the corporation pays to the person entitled to it the amount of money fixed by the committee on discipline, until such time as the professional fully reimburses the corporation in principal, interest and costs; this reimbursement shall not terminate his being struck off under another decision.
The Bureau of the corporation may, upon motion, suspend a striking off made under this section, provided that the professional struck off undertakes in writing to reimburse fully the amount that he owes, within a fixed delay.
1973, c. 43, s. 155.
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