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C-26 - Professional Code

Section 175
Disposition versions

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175. The tribunal may confirm, alter or quash any decision submitted to it and render the decision which it considers should have been rendered in first instance. It may, in particular, substitute any other penalty prescribed by the first paragraph of section 156 for a penalty imposed by the disciplinary council if, in its opinion, that penalty should have been imposed in first instance.
The tribunal has power to order any of the parties to pay the costs or to apportion such costs among them. The costs are costs arising from the hearing and include the cost of preparing and forwarding the record of the appeal, the service costs, registration fees and, where applicable, the cost of expert opinion admitted in evidence as well as the indemnities payable to summoned witnesses, computed in accordance with the tariff established in the Regulation respecting indemnities and allowances payable to witnesses summoned before courts of justice (chapter C-25.01, r. 0.5) and, where applicable, the costs referred to in section 151. However, where the complainant in first instance is a person who lodged a complaint under the second paragraph of section 128, the tribunal may condemn him to pay the costs only if it has acquitted the professional of all the charges contained in the complaint and the complaint was excessive, frivolous or clearly unfounded.
If the tribunal finds the respondent guilty after the disciplinary council had acquitted him, it may impose one or more of the penalties prescribed by the first paragraph of section 156, after having given the parties the opportunity to be heard on the subject of the penalties. The tribunal may also decide to return the record to the disciplinary council so that the council may impose one or more of the penalties prescribed by the said section.
1973, c. 43, s. 170; 1975, c. 80, s. 27; 1982, c. 16, s. 1; 1994, c. 40, s. 153; 2000, c. 13, s. 34; 2007, c. 35, s. 21; 2008, c. 11, s. 1.
175. The tribunal may confirm, alter or quash any decision submitted to it and render the decision which it considers should have been rendered in first instance. It may, in particular, substitute any other penalty prescribed by the first paragraph of section 156 for a penalty imposed by the disciplinary council if, in its opinion, that penalty should have been imposed in first instance.
The tribunal has power to order any of the parties to pay the costs or to apportion such costs among them. The costs are costs arising from the hearing and include the cost of preparing and forwarding the record of the appeal, the service costs, registration fees and, where applicable, the cost of expert opinion admitted in evidence as well as the indemnities payable to summoned witnesses, computed in accordance with the tariff established in the Regulation respecting indemnities payable to witnesses summoned before courts of justice (R.R.Q., 1981, c. C-25, r.2) and, where applicable, the costs referred to in section 151. However, where the complainant in first instance is a person who lodged a complaint under the second paragraph of section 128, the tribunal may condemn him to pay the costs only if it has acquitted the professional of all the charges contained in the complaint and the complaint was excessive, frivolous or clearly unfounded.
If the tribunal finds the respondent guilty after the disciplinary council had acquitted him, it may impose one or more of the penalties prescribed by the first paragraph of section 156, after having given the parties the opportunity to be heard on the subject of the penalties. The tribunal may also decide to return the record to the disciplinary council so that the council may impose one or more of the penalties prescribed by the said section.
1973, c. 43, s. 170; 1975, c. 80, s. 27; 1982, c. 16, s. 1; 1994, c. 40, s. 153; 2000, c. 13, s. 34; 2007, c. 35, s. 21; 2008, c. 11, s. 1.
175. The tribunal may confirm, alter or quash any decision submitted to it and render the decision which it considers should have been rendered in first instance. It may, in particular, substitute any other penalty prescribed by the first paragraph of section 156 for a penalty imposed by the committee on discipline if, in its opinion, that penalty should have been imposed in first instance.
The tribunal has power to order any of the parties to pay the costs or to apportion such costs among them. The costs are costs arising from the hearing and include the cost of preparing and forwarding the record of the appeal, the service costs, registration fees and, where applicable, the cost of expert opinion admitted in evidence as well as the indemnities payable to summoned witnesses, computed in accordance with the tariff established in the Regulation respecting indemnities payable to witnesses summoned before courts of justice (R.R.Q., 1981, c. C-25, r.2) and, where applicable, the costs referred to in section 151. However, where the complainant in first instance is a person who lodged a complaint under the second paragraph of section 128, the tribunal may condemn him to pay the costs only if it has acquitted the professional of all the charges contained in the complaint and the complaint was excessive, frivolous or clearly unfounded.
If the tribunal finds the respondent guilty after the committee on discipline had acquitted him, it may impose one or more of the penalties prescribed by the first paragraph of section 156, after having given the parties the opportunity to be heard on the subject of the penalties. The tribunal may also decide to return the record to the committee on discipline so that the committee may impose one or more of the penalties prescribed by the said section.
1973, c. 43, s. 170; 1975, c. 80, s. 27; 1982, c. 16, s. 1; 1994, c. 40, s. 153; 2000, c. 13, s. 34; 2007, c. 35, s. 21.
175. The tribunal may confirm, alter or quash any decision submitted to it and render the decision which it considers should have been rendered in first instance. It may, in particular, substitute any other penalty prescribed by the first paragraph of section 156 for a penalty imposed by the committee on discipline if, in its opinion, that penalty should have been imposed in first instance.
The tribunal has power to order any of the parties to pay the costs or to apportion such costs among them. The costs are costs arising from the hearing and include the cost of preparing and forwarding the record of the appeal, the service costs, registration fees and, where applicable, the cost of expert opinion admitted in evidence as well as the indemnities payable to summoned witnesses, computed in accordance with the tariff established in the Regulation respecting indemnities payable to witnesses summoned before courts of justice (R.R.Q., 1981, c. C-25, r.2) and, where applicable, the costs referred to in section 151. However, where the complainant in first instance is a person who lodged a complaint under the second paragraph of section 128, the tribunal may condemn him to pay the costs only if it has acquitted the professional of all the charges contained in the complaint and the complaint was clearly unfounded.
If the tribunal finds the respondent guilty after the committee on discipline had acquitted him, it may impose one or more of the penalties prescribed by the first paragraph of section 156, after having given the parties the opportunity to be heard on the subject of the penalties. The tribunal may also decide to return the record to the committee on discipline so that the committee may impose one or more of the penalties prescribed by the said section.
1973, c. 43, s. 170; 1975, c. 80, s. 27; 1982, c. 16, s. 1; 1994, c. 40, s. 153; 2000, c. 13, s. 34.
175. The tribunal may confirm, alter or quash any decision submitted to it and render the decision which it considers should have been rendered in first instance. It may, in particular, substitute any other penalty prescribed by the first paragraph of section 156 for a penalty imposed by the committee on discipline if, in its opinion, that penalty should have been imposed in first instance.
The tribunal has power to order any of the parties to pay the costs or to apportion such costs among them. However, where the complainant in first instance is a person who lodged a complaint under the second paragraph of section 128, the tribunal may condemn him to pay the costs only if it has acquitted the professional of all the charges contained in the complaint and the complaint was clearly unfounded.
If the tribunal finds the respondent guilty after the committee on discipline had acquitted him, it may impose one or more of the penalties prescribed by the first paragraph of section 156, after having given the parties the opportunity to be heard on the subject of the penalties. The tribunal may also decide to return the record to the committee on discipline so that the committee may impose one or more of the penalties prescribed by the said section.
1973, c. 43, s. 170; 1975, c. 80, s. 27; 1982, c. 16, s. 1; 1994, c. 40, s. 153.
175. The tribunal may confirm, alter or quash any decision submitted to it and render the decision which it considers should have been rendered in first instance.
The tribunal has power to order any of the parties to pay the costs or to apportion such costs among them.
1973, c. 43, s. 170; 1975, c. 80, s. 27; 1982, c. 16, s. 1.
175. The tribunal may confirm, alter or quash any decision submitted to it and render the decision which it considers should have been rendered in first instance.
The tribunal has power to order any of the parties to pay the costs or to apportion such costs among them.
The tribunal’s decision shall be final.
1973, c. 43, s. 170; 1975, c. 80, s. 27.
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