C-26 - Professional Code

Section 55.1 Disposition versions

2008-10-15

55.1. The board of directors may, after giving the professional concerned an opportunity to submit observations, provisionally strike the professional off the roll or provisionally restrict or suspend his right to engage in professional activities if the professional has been the subject of a judicial decision described in subparagraph 1, 2, 5 or 6 of the first paragraph of section 45.

The board of directors shall inform a syndic of any decision, which serves as a request under section 128.

The decision is valid

(1)  until a syndic decides not to lodge a complaint;

(2)  until the disciplinary council or the Professions Tribunal renders a final, enforceable decision on a complaint lodged by a syndic; or

(3)  until the decision described in subparagraph 1, 2, 5 or 6 of the first paragraph of section 45 is quashed in appeal, if applicable.

1994, c. 40, s. 46; 2004, c. 15, s. 3; 2008, c. 11, s. 27.

2004-06-17

55.1. The Bureau may, after giving the professional concerned the opportunity to make written representations, strike off the roll, or restrict or suspend the right to engage in professional activities of, any professional 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 the committee on discipline of an order;

(5)  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;

(6)  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 the committee on discipline of an order, including a striking off the roll pursuant to section 133;

(7)  is the subject of a disciplinary decision made in Québec by the committee on discipline of an order, imposing the restriction or suspension of his right to engage in professional activities;

(8)  is the subject of a disciplinary decision made outside Québec which, if made in Québec, would have had the effect of a restriction or suspension of the right to engage in professional activities imposed by the committee on discipline of an order.

The Bureau may accept a certified copy of the judicial or disciplinary decision referred to in the first paragraph as proof. A certified copy of a judicial or disciplinary decision referred to in the first paragraph, when rendered in Canada, is proof that the offence was committed and that any facts reported in the decision are true.

The Bureau may require from the professional any document or information it considers necessary for the purposes of this section. Should the professional fail to provide the document or information, the Bureau may strike the professional off the roll or restrict or suspend his right to engage in professional activities until the document or information is provided.

The Bureau shall inform the syndic of any decision made under subparagraph 1 or 2 of the first paragraph, which serves as a request made under section 128. The decision is valid

(1)  until the syndic or assistant syndic decides not to lodge a complaint;

(2)  until the committee on discipline or the Professions Tribunal renders a final, executory decision on the complaint lodged by the syndic or assistant syndic; or

(3)  until the decision made under subparagraph 1 or 2 of the first paragraph is quashed in appeal.

A decision made by the Bureau under this section must be served on the professional immediately 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.

1994, c. 40, s. 46; 2004, c. 15, s. 3.

1994-10-15

55.1. The Bureau may, after giving the professional concerned the opportunity to make written representations, strike off the roll, or restrict or suspend the right to engage in professional activities of, any professional 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 the committee on discipline of an order;

(5)  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;

(6)  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 the committee on discipline of an order, including a striking off the roll pursuant to section 133;

(7)  is the subject of a disciplinary decision made in Québec by the committee on discipline of an order, imposing the restriction or suspension of his right to engage in professional activities;

(8)  is the subject of a disciplinary decision made outside Québec which, if made in Québec, would have had the effect of a restriction or suspension of the right to engage in professional activities imposed by the committee on discipline of an order.

The Bureau may accept a certified copy of the judicial or disciplinary decision referred to in the first paragraph as proof.

The Bureau must make its decision within six months after the day on which it is informed of the decision. The Bureau’s decision must be served on the professional immediately 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.

1994, c. 40, s. 46.