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C-26 - Professional Code

Section 161
Disposition versions

Full text
161. Except in the case of a professional struck off the roll for a derogatory act referred to in section 59.1 or for an act of a similar nature set out in the code of ethics of the members of his professional order, a professional struck off the roll or whose right to engage in professional activities has been restricted or suspended by the disciplinary council may, as long as one of those penalties is in force, request, by way of a petition to the disciplinary council filed with the secretary, that he be entered on the roll, in the case of a striking off the roll, or that he be allowed to resume his full right to practise, in the case of a restriction or suspension. The secretary must send a copy of the petition to the senior chair as soon as possible. At least 10 days before the petition is filed, it must be served on the syndic in accordance with the Code of Civil Procedure (chapter C-25.01); the syndic may contest the request.
If the disciplinary council is of opinion that the petition should be granted, it shall make an appropriate recommendation to the board of directors, which shall decide finally. If the council dismisses the petition, no new petition may be submitted before the expiry of the penalty unless the council so authorizes. The decisions of the council are not subject to appeal.
1973, c. 43, s. 157; 1988, c. 29, s. 42; 2008, c. 11, s. 1, s. 117; 2013, c. 12, s. 25; I.N. 2016-01-01 (NCCP); 2017, c. 11, s. 79.
161. A professional struck off the roll or whose right to engage in professional activities has been restricted or suspended by the disciplinary council may, as long as one of those penalties is in force, request, by way of a petition to the disciplinary council filed with the secretary, that he be entered on the roll, in the case of a striking off the roll, or that he be allowed to resume his full right to practise, in the case of a restriction or suspension. The secretary must send a copy of the petition to the senior chair as soon as possible. At least 10 days before the petition is filed, it must be served on the syndic in accordance with the Code of Civil Procedure (chapter C-25.01); the syndic may contest the request.
If the disciplinary council is of opinion that the petition should be granted, it shall make an appropriate recommendation to the board of directors, which shall decide finally. If the council dismisses the petition, no new petition may be submitted before the expiry of the penalty unless the council so authorizes. The decisions of the council are not subject to appeal.
1973, c. 43, s. 157; 1988, c. 29, s. 42; 2008, c. 11, s. 1, s. 117; 2013, c. 12, s. 25; I.N. 2016-01-01 (NCCP).
161. A professional struck off the roll or whose right to engage in professional activities has been restricted or suspended by the disciplinary council may, as long as one of those penalties is in force, request, by way of a petition to the disciplinary council filed with the secretary, that he be entered on the roll, in the case of a striking off the roll, or that he be allowed to resume his full right to practise, in the case of a restriction or suspension. The secretary must send a copy of the petition to the senior chair as soon as possible. At least 10 days before the petition is filed, it must be served on the syndic in accordance with the Code of Civil Procedure (chapter C-25); the syndic may contest the request.
If the disciplinary council is of opinion that the petition should be granted, it shall make an appropriate recommendation to the board of directors, which shall decide finally. If the council dismisses the petition, no new petition may be submitted before the expiry of the penalty unless the council so authorizes. The decisions of the council are not subject to appeal.
1973, c. 43, s. 157; 1988, c. 29, s. 42; 2008, c. 11, s. 1, s. 117; 2013, c. 12, s. 25.
161. A professional struck off the roll or whose right to engage in professional activities has been restricted or suspended by the disciplinary council may, as long as one of those penalties is in force, request, by way of a petition to the disciplinary council filed with the secretary, that he be entered on the roll, in the case of a striking off the roll, or that he be allowed to resume his full right to practise, in the case of a restriction or suspension. At least 10 days before the petition is filed, it must be served on the syndic in accordance with the Code of Civil Procedure (chapter C‐25); the syndic may contest the request.
If the disciplinary council is of opinion that the petition should be granted, it shall make an appropriate recommendation to the board of directors, which shall decide finally. If the council dismisses the petition, no new petition may be submitted before the expiry of the penalty unless the council so authorizes. The decisions of the council are not subject to appeal.
1973, c. 43, s. 157; 1988, c. 29, s. 42; 2008, c. 11, s. 1, s. 117.
161. A professional struck off the roll or whose right to engage in professional activities has been restricted or suspended by the committee on discipline may request by way of a petition to the committee on discipline filed with the secretary before the expiry of the penalty, that he be entered on the roll, in the case of a striking off the roll, or that he be allowed to resume his full right to practise, in the case of a restriction or suspension.
If the committee is of opinion that the petition should be granted, it shall make an appropriate recommendation to the Bureau, which shall decide finally. If the committee dismisses the petition, no new petition may be submitted before the expiry of the penalty unless the committee so authorizes. The decisions of the committee are not subject to appeal.
1973, c. 43, s. 157; 1988, c. 29, s. 42.
161. A professional struck off the roll may request that he be re-entered on it before the expiry of his penalty, by a petition to the committee on discipline filed with the secretary.
If the committee is of opinion that the petition should be granted, it shall make an appropriate recommendation to the Bureau, which shall decide finally.
1973, c. 43, s. 157.
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