C-26 - Professional Code

Section 189 Disposition versions

2017-06-08

189. A professional order may, on a resolution of its board of directors or executive committee and in accordance with article 10 of the Code of Penal Procedure (chapter C‐25.1), institute penal proceedings for the unlawful practice of the profession that its members are authorized to practise, unlawful engagement in a professional activity reserved to its members in the case of an order referred to in section 39.2, unauthorized use of a title reserved for its members, or, as the case may be, an offence under the Act constituting the order.

Penal proceedings for the unlawful practice of a profession that may be practised by the members of an order constituted under an Act, in relation to an act that is part of the practise of that profession, may also be instituted in accordance with the first paragraph by the order whose members are, under that Act or a regulation adopted by the board of directors of the order constituted under it, authorized to perform that act.

Penal proceedings for the unlawful practice of a profession that may be practised by the members of an order constituted under an Act, in relation to a professional activity that is part of both the practice of that profession and an activity described in section 37, may also be instituted in accordance with the first paragraph by the order whose members are, pursuant to the said section, authorized to practise that professional activity.

Penal proceedings for the unlawful practice of a profession instituted under the second or the third paragraph may be so instituted only against a person who is not a member of a professional order.

A professional order that institutes penal proceedings for the unlawful practice of a profession under the second or the third paragraph shall inform every order whose members are, pursuant to their constituting Acts, authorized to practise that profession.

1973, c. 43, s. 183; 1992, c. 61, s. 171; 1994, c. 40, s. 170; 2002, c. 33, s. 7; 2008, c. 11, s. 1; 2017, c. 11, s. 90.

2008-10-15

189. A professional order may, on a resolution of its board of directors or executive committee and in accordance with article 10 of the Code of Penal Procedure (chapter C‐25.1), institute penal proceedings for the unlawful practice of the profession that its members are authorized to practise, unlawful engagement in a professional activity reserved to its members in the case of an order referred to in section 39.2, unauthorized use of a title reserved for its members, or, as the case may be, an offence under the Act constituting the order.

Penal proceedings for the unlawful practice of a profession that may be practised by the members of an order constituted under an Act, in relation to an act that is part of the practise of that profession, may also be instituted in accordance with the first paragraph by the order whose members are, under that Act or a regulation made under it, authorized to perform that act.

Penal proceedings for the unlawful practice of a profession that may be practised by the members of an order constituted under an Act, in relation to a professional activity that is part of both the practice of that profession and an activity described in section 37, may also be instituted in accordance with the first paragraph by the order whose members are, pursuant to the said section, authorized to practise that professional activity.

Penal proceedings for the unlawful practice of a profession instituted under the second or the third paragraph may be so instituted only against a person who is not a member of a professional order.

A professional order that institutes penal proceedings for the unlawful practice of a profession under the second or the third paragraph shall inform every order whose members are, pursuant to their constituting Acts, authorized to practise that profession.

1973, c. 43, s. 183; 1992, c. 61, s. 171; 1994, c. 40, s. 170; 2002, c. 33, s. 7; 2008, c. 11, s. 1.

2003-01-30

189. A professional order may, on a resolution of its Bureau or administrative committee and in accordance with article 10 of the Code of Penal Procedure (chapter C‐25.1), institute penal proceedings for the unlawful practice of the profession that its members are authorized to practise, unlawful engagement in a professional activity reserved to its members in the case of an order referred to in section 39.2, unauthorized use of a title reserved for its members, or, as the case may be, an offence under the Act constituting the order.

Penal proceedings for the unlawful practice of a profession that may be practised by the members of an order constituted under an Act, in relation to an act that is part of the practise of that profession, may also be instituted in accordance with the first paragraph by the order whose members are, under that Act or a regulation made under it, authorized to perform that act.

Penal proceedings for the unlawful practice of a profession that may be practised by the members of an order constituted under an Act, in relation to a professional activity that is part of both the practice of that profession and an activity described in section 37, may also be instituted in accordance with the first paragraph by the order whose members are, pursuant to the said section, authorized to practise that professional activity.

Penal proceedings for the unlawful practice of a profession instituted under the second or the third paragraph may be so instituted only against a person who is not a member of a professional order.

A professional order that institutes penal proceedings for the unlawful practice of a profession under the second or the third paragraph shall inform every order whose members are, pursuant to their constituting Acts, authorized to practise that profession.

1973, c. 43, s. 183; 1992, c. 61, s. 171; 1994, c. 40, s. 170; 2002, c. 33, s. 7.

1994-10-15

189. A professional order may, on a resolution of its Bureau or administrative committee and in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1), institute penal proceedings for the unlawful practice of the profession that its members are authorized to practise, unauthorized use of a title reserved for its members, or, as the case may be, an offence under the Act constituting the order.

Penal proceedings for the unlawful practice of a profession that may be practised by the members of an order constituted under an Act, in relation to an act that is part of the practise of that profession, may also be instituted in accordance with the first paragraph by the order whose members are, under that Act or a regulation made under it, authorized to perform that act.

Penal proceedings for the unlawful practice of a profession that may be practised by the members of an order constituted under an Act, in relation to a professional activity that is part of both the practice of that profession and an activity described in section 37, may also be instituted in accordance with the first paragraph by the order whose members are, pursuant to the said section, authorized to practise that professional activity.

Penal proceedings for the unlawful practice of a profession instituted under the second or the third paragraph may be so instituted only against a person who is not a member of a professional order.

A professional order that institutes penal proceedings for the unlawful practice of a profession under the second or the third paragraph shall inform every order whose members are, pursuant to their constituting Acts, authorized to practise that profession.

1973, c. 43, s. 183; 1992, c. 61, s. 171; 1994, c. 40, s. 170.

1993-11-01

189. A professional corporation may, on a resolution of its Bureau and in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1), institute penal proceedings for the unlawful practice of a profession or the unauthorized use of a reserved title, or for an offence under the incorporating Act of the corporation.

1973, c. 43, s. 183; 1992, c. 61, s. 171.

1977-12-31

189. Any proceedings relating to the unlawful practice of a profession or the unauthorized use of a reserved title may be instituted by the Attorney General or, upon a resolution by its Bureau, by the corporation concerned.

1973, c. 43, s. 183.