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C-26 - Professional Code

Section 45
Disposition versions

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45. The board of directors may refuse to issue a permit or to enter an applicant on the roll, or refuse any other application preceding admission to the profession, if the applicant
(1)  has been the subject of a decision of a Canadian court finding him guilty of a criminal offence which, in the reasoned opinion of the board of directors, is related to the practice of the profession, unless he has obtained a pardon;
(2)  has been the subject of a decision of a foreign court finding him guilty of an offence which, if committed in Canada, could have led to criminal proceedings and which, in the reasoned opinion of the board of directors, is related to the practice of the profession, unless he has obtained a pardon;
(3)  has been the subject of a disciplinary decision made in Québec by the disciplinary council of another order or by the Professions Tribunal in an appeal from a decision of that council, imposing the revocation of a permit or a striking off the roll, including a provisional striking off the roll;
(4)  has been the subject of a disciplinary decision made outside Québec which, if made in Québec, would have had the effect of a revocation of permit or a striking off the roll, including a provisional striking off the roll imposed by an order’s disciplinary council;
(5)  has been the subject of a decision made in Québec finding the applicant guilty of an offence under section 188 or an offence under a provision of an Act of Québec or a federal Act identified for the purposes of this subparagraph in the order’s code of ethics; or
(6)  has been the subject of a decision made outside Québec finding the applicant guilty of an offence which, if committed in Québec, could have resulted in penal proceedings under section 188 or penal proceedings under a provision of a Québec or a federal Act identified for the purposes of this subparagraph in the order’s code of ethics.
Before making a decision under this section, the board of directors must give the person concerned an opportunity to submit observations.
A decision refusing to issue a permit or to enter an applicant on the roll, or refusing any other application preceding admission to the profession shall be served on the applicant in accordance with the Code of Civil Procedure (chapter C‐25.01); the decision may be appealed to the Professions Tribunal in accordance with Division VIII of Chapter IV.
Within three years after a decision is made under this section, no new application for a permit or for entry on the roll or new application preceding admission to the profession may be presented to the board of directors that made the decision unless there are new facts that may warrant a different decision.
1973, c. 43, s. 45; 1974, c. 65, s. 7; 1994, c. 40, s. 40; 2000, c. 13, s. 5; 2008, c. 11, s. 1, s. 11; I.N. 2016-01-01 (NCCP).
45. The board of directors may refuse to issue a permit or to enter an applicant on the roll, or refuse any other application preceding admission to the profession, if the applicant
(1)  has been the subject of a decision of a Canadian court finding him guilty of a criminal offence which, in the reasoned opinion of the board of directors, is related to the practice of the profession, unless he has obtained a pardon;
(2)  has been the subject of a decision of a foreign court finding him guilty of an offence which, if committed in Canada, could have led to criminal proceedings and which, in the reasoned opinion of the board of directors, is related to the practice of the profession, unless he has obtained a pardon;
(3)  has been the subject of a disciplinary decision made in Québec by the disciplinary council of another order or by the Professions Tribunal in an appeal from a decision of that council, imposing the revocation of a permit or a striking off the roll, including a provisional striking off the roll;
(4)  has been the subject of a disciplinary decision made outside Québec which, if made in Québec, would have had the effect of a revocation of permit or a striking off the roll, including a provisional striking off the roll imposed by an order’s disciplinary council;
(5)  has been the subject of a decision made in Québec finding the applicant guilty of an offence under section 188 or an offence under a provision of an Act of Québec or a federal Act identified for the purposes of this subparagraph in the order’s code of ethics; or
(6)  has been the subject of a decision made outside Québec finding the applicant guilty of an offence which, if committed in Québec, could have resulted in penal proceedings under section 188 or penal proceedings under a provision of a Québec or a federal Act identified for the purposes of this subparagraph in the order’s code of ethics.
Before making a decision under this section, the board of directors must give the person concerned an opportunity to submit observations.
A decision refusing to issue a permit or to enter an applicant on the roll, or refusing any other application preceding admission to the profession shall be served on the applicant in accordance with the Code of Civil Procedure (chapter C‐25); the decision may be appealed to the Professions Tribunal in accordance with Division VIII of Chapter IV.
Within three years after a decision is made under this section, no new application for a permit or for entry on the roll or new application preceding admission to the profession may be presented to the board of directors that made the decision unless there are new facts that may warrant a different decision.
1973, c. 43, s. 45; 1974, c. 65, s. 7; 1994, c. 40, s. 40; 2000, c. 13, s. 5; 2008, c. 11, s. 1, s. 11.
45. The Bureau may refuse to issue a permit to or enter on the roll any applicant who
(1)  has been the subject of a decision of a Canadian court finding him guilty of a criminal offence which, in the reasoned opinion of the Bureau, is related to the practice of the profession, unless he has obtained a pardon;
(2)  has been the subject of a decision of a foreign court finding him guilty of an offence which, if committed in Canada, could have led to criminal proceedings and which, in the reasoned opinion of the Bureau, is related to the practice of the profession, unless he has obtained a pardon;
(3)  has been the subject of a disciplinary decision made in Québec by the committee on discipline of an order, imposing the revocation of a permit;
(4)  has been the subject of a disciplinary decision made outside Québec which, if made in Québec, would have had the effect of a revocation of permit imposed by an order’s committee on discipline.
The Bureau may refuse to enter on the roll any applicant who
(1)  is the subject of a disciplinary decision made in Québec by the committee on discipline of an order, imposing a striking off the roll, including a striking off the roll pursuant to section 133;
(2)  is the subject of a disciplinary decision made outside Québec which, if made in Québec, would have had the effect of a striking off the roll imposed by an order’s committee on discipline, including a striking off the roll pursuant to section 133.
A decision by the Bureau to refuse to issue a permit or enter an applicant on the roll shall be served on the applicant in accordance with the Code of Civil Procedure (chapter C‐25); the decision may be appealed from to the Professions Tribunal in accordance with the provisions of Division VIII of Chapter IV.
1973, c. 43, s. 45; 1974, c. 65, s. 7; 1994, c. 40, s. 40; 2000, c. 13, s. 5.
45. The Bureau may refuse to issue a permit to or enter on the roll any applicant who
(1)  has been the subject of a decision of a Canadian court finding him guilty of a criminal offence which, in the reasoned opinion of the Bureau, is related to the practice of the profession, unless he has obtained a pardon;
(2)  has been the subject of a decision of a foreign court finding him guilty of an offence which, if committed in Canada, could have led to criminal proceedings and which, in the reasoned opinion of the Bureau, is related to the practice of the profession, unless he has obtained a pardon;
(3)  has been the subject of a disciplinary decision made in Québec by the committee on discipline of an order, imposing the revocation of a permit;
(4)  has been the subject of a disciplinary decision made outside Québec which, if made in Québec, would have had the effect of a revocation of permit imposed by an order’s committee on discipline.
The Bureau may refuse to enter on the roll any applicant who
(1)  is the subject of a disciplinary decision made in Québec by the committee on discipline of an order, imposing a striking off the roll, including a striking off the roll pursuant to section 133;
(2)  is the subject of a disciplinary decision made outside Québec which, if made in Québec, would have had the effect of a striking off the roll imposed by an order’s committee on discipline, including a striking off the roll pursuant to section 133.
1973, c. 43, s. 45; 1974, c. 65, s. 7; 1994, c. 40, s. 40.
45. Any corporation to which section 44 applies may suspend the membership in such corporation of a person who is not a Canadian citizen, or his right to practise the profession governed by such corporation, if he does not apply for Canadian citizenship as soon as he can do so under the Citizenship Act (Revised Statutes of Canada, 1985, chapter C-29). Such suspension may last so long as such person does not acquire Canadian citizenship.
1973, c. 43, s. 45; 1974, c. 65, s. 7.
45. Any corporation to which section 44 applies may suspend the membership in such corporation of a person who is not a Canadian citizen, or his right to practise the profession governed by such corporation, if he does not apply for Canadian citizenship as soon as he can do so under the Canadian Citizenship Act (Statutes of Canada). Such suspension may last so long as such person does not acquire Canadian citizenship.
1973, c. 43, s. 45; 1974, c. 65, s. 7.
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