C-26 - Professional Code

Section 93 Disposition versions

2019-06-13

93. The board of directors must, by regulation,

(a)  fix the quorum for general meetings of the members of the order and the manner of calling such meetings;

(b)  fix the date of and procedure for the election of the president and the other elected directors, the date and time they are to take office and their term of office; the regulation may prescribe eligibility criteria for the office of elected director, including the office of president, and set a limit on the number of consecutive terms such directors may serve;

(c)  prescribe standards for equivalence of diplomas issued by educational establishments situated outside Québec, for the purposes of issuing a permit or specialist’s certificate, and standards of equivalence of the training of a person who does not hold a diploma required for such purposes;

(c.1)  determine a procedure for recognizing an equivalence, standards for which are established in a regulation under paragraph c of this section or paragraph i of section 94, stipulating that a decision must be reviewed by persons other than those who made it;

(c.2)  determine the terms and conditions for issuing a permit or a specialist’s certificate that are required to give effect to an agreement entered into by the order under an agreement for mutual recognition of professional competence entered into between the Government and another government; the board of directors must also, in the regulation, stipulate that a decision refusing to recognize that one of those conditions, other than professional competence, has been fulfilled must be reviewed by persons other than those who made it;

(d)  impose on the members of the order the obligation to furnish and maintain security, by means of an insurance contract or a surety bond or by any other means determined by the regulation, to cover liability for any fault committed in the practice of their profession, or the obligation to join a group plan contract entered into by the order or to contribute to a professional liability insurance fund established for such purposes in accordance with section 86.1. The coverage must extend to any claim filed against a member during the five years following the year he no longer is required to maintain security to cover his liability or following the year he ceases to be a member of the order or during a longer period determined by the order in the regulation. The regulation must prescribe the minimum amount of coverage, the rules governing the conduct of the professional liability insurance decision-making committee’s affairs and, if not stipulated in the contract, the procedure for processing notices of loss. It may also prescribe special rules or exemptions based, in particular, on the professional activities engaged in by the members and the risk they represent;

(e)  fix, in accordance with section 61, the number of directors, other than the president, on the board of directors;

(f)  determine the location of the head office of the order;

(g)  pursuant to paragraph 2 of section 187.11, impose on the members referred to therein, on the basis of the risk they represent, the obligation to furnish and maintain coverage, on behalf of the partnership or company, by means of an insurance or suretyship contract or by any other means determined by the regulation, against liabilities of the partnership or company arising from fault in the practice of their profession, or the obligation to join a group plan contract entered into by the order or to contribute to a professional liability insurance fund established for such purposes in accordance with section 86.1; the regulation shall also determine the minimum amount of coverage and prescribe specific rules according to such factors as the nature of the professional activities carried on and the number of members of the order in the partnership or company; the coverage must extend to any claim filed against the partnership or company during the five years following the year the members cease to maintain the coverage, or during a longer period determined by the board of directors in the regulation. It must also prescribe the rules governing the conduct of the professional liability insurance decision-making committee’s affairs and, if not stipulated in the contract, the procedure for processing notices of loss;

(h)  fix the conditions and procedure applicable to a declaration pursuant to paragraph 3 of section 187.11.

1973, c. 43, s. 91; 1988, c. 29, s. 26; 1994, c. 40, s. 80; 2001, c. 34, s. 5; 2006, c. 20, s. 4; 2008, c. 11, s. 1, s. 61; 2009, c. 16, s. 3; 2017, c. 11, s. 52; 2018, c. 23, s. 8.

2017-06-08

93. The board of directors must, by regulation,

(a)  fix the quorum for general meetings of the members of the order and the manner of calling such meetings;

(b)  fix the date of and procedure for the election of the president and the other elected directors, the date and time they are to take office and their term of office; the regulation may prescribe eligibility criteria for the office of elected director, including the office of president, and set a limit on the number of consecutive terms such directors may serve;

(c)  prescribe standards for equivalence of diplomas issued by educational establishments situated outside Québec, for the purposes of issuing a permit or specialist’s certificate, and standards of equivalence of the training of a person who does not hold a diploma required for such purposes;

(c.1)  determine a procedure for recognizing an equivalence, standards for which are established in a regulation under paragraph c of this section or paragraph i of section 94, stipulating that a decision must be reviewed by persons other than those who made it;

(c.2)  determine the terms and conditions for issuing a permit or a specialist’s certificate that are required to give effect to an agreement entered into by the order under an agreement for mutual recognition of professional competence entered into between the Government and another government; the board of directors must also, in the regulation, stipulate that a decision refusing to recognize that one of those conditions, other than professional competence, has been fulfilled must be reviewed by persons other than those who made it;

(d)  impose on the members of the order the obligation to furnish and maintain security, by means of an insurance contract or a surety bond or by any other means determined by the regulation, to cover liability for any fault committed in the practice of their profession, or the obligation to join a group plan contract entered into by the order or to contribute to a professional liability insurance fund established for such purposes in accordance with section 86.1. The coverage must extend to any claim filed against a member during the five years following the year he no longer is required to maintain security to cover his liability or following the year he ceases to be a member of the order or during a longer period determined by the order in the regulation. The regulation must prescribe the minimum amount of coverage and may prescribe special rules or exemptions based, in particular, on the professional activities engaged in by the members and the risk they represent;

(e)  fix, in accordance with section 61, the number of directors, other than the president, on the board of directors;

(f)  determine the location of the head office of the order;

(g)  pursuant to paragraph 2 of section 187.11, impose on the members referred to therein, on the basis of the risk they represent, the obligation to furnish and maintain coverage, on behalf of the partnership or company, by means of an insurance or suretyship contract or by any other means determined by the regulation, against liabilities of the partnership or company arising from fault in the practice of their profession, or the obligation to join a group plan contract entered into by the order or to contribute to a professional liability insurance fund established for such purposes in accordance with section 86.1; the regulation shall also determine the minimum amount of coverage and prescribe specific rules according to such factors as the nature of the professional activities carried on and the number of members of the order in the partnership or company; the coverage must extend to any claim filed against the partnership or company during the five years following the year the members cease to maintain the coverage, or during a longer period determined by the board of directors in the regulation;

(h)  fix the conditions and procedure applicable to a declaration pursuant to paragraph 3 of section 187.11.

1973, c. 43, s. 91; 1988, c. 29, s. 26; 1994, c. 40, s. 80; 2001, c. 34, s. 5; 2006, c. 20, s. 4; 2008, c. 11, s. 1, s. 61; 2009, c. 16, s. 3; 2017, c. 11, s. 52.

2009-06-10

93. The board of directors must, by regulation,

(a)  fix the quorum for general meetings of the members of the order and the manner of calling such meetings;

(b)  fix the date of and procedure for the election of the president and the elected directors, the date and the time they take office and their term of office; the regulation may set a limit on the number of consecutive terms for which they may be appointed;

(c)  prescribe standards for equivalence of diplomas issued by educational establishments situated outside Québec, for the purposes of issuing a permit or specialist’s certificate, and standards of equivalence of the training of a person who does not hold a diploma required for such purposes;

(c.1)  determine a procedure for recognizing an equivalence, standards for which are established in a regulation under paragraph c of this section or paragraph i of section 94, stipulating that a decision must be reviewed by persons other than those who made it;

(c.2)  determine the terms and conditions for issuing a permit or a specialist’s certificate that are required to give effect to an agreement entered into by the order under an agreement for mutual recognition of professional competence entered into between the Government and another government; the board of directors must also, in the regulation, stipulate that a decision refusing to recognize that one of those conditions, other than professional competence, has been fulfilled must be reviewed by persons other than those who made it;

(d)  impose on the members of the order the obligation to furnish and maintain security, by means of an insurance contract or a surety bond or by any other means determined by the regulation, to cover liability for any fault committed in the practice of their profession, or the obligation to join a group plan contract entered into by the order or to contribute to a professional liability insurance fund established for such purposes in accordance with section 86.1. The coverage must extend to any claim filed against a member during the five years following the year he no longer is required to maintain security to cover his liability or following the year he ceases to be a member of the order or during a longer period determined by the order in the regulation. The regulation must prescribe the minimum amount of coverage and may prescribe special rules or exemptions based, in particular, on the professional activities engaged in by the members and the risk they represent;

(e)  fix, in accordance with section 61, the number of directors of the board of directors;

(f)  determine the location of the head office of the order;

(g)  pursuant to paragraph 2 of section 187.11, impose on the members referred to therein, on the basis of the risk they represent, the obligation to furnish and maintain coverage, on behalf of the partnership or company, by means of an insurance or suretyship contract or by any other means determined by the regulation, against liabilities of the partnership or company arising from fault in the practice of their profession, or the obligation to join a group plan contract entered into by the order or to contribute to a professional liability insurance fund established for such purposes in accordance with section 86.1; the regulation shall also determine the minimum amount of coverage and prescribe specific rules according to such factors as the nature of the professional activities carried on and the number of members of the order in the partnership or company; the coverage must extend to any claim filed against the partnership or company during the five years following the year the members cease to maintain the coverage, or during a longer period determined by the board of directors in the regulation;

(h)  fix the conditions and procedure applicable to a declaration pursuant to paragraph 3 of section 187.11.

1973, c. 43, s. 91; 1988, c. 29, s. 26; 1994, c. 40, s. 80; 2001, c. 34, s. 5; 2006, c. 20, s. 4; 2008, c. 11, s. 1, s. 61; 2009, c. 16, s. 3.

2008-10-15

93. The board of directors must, by regulation,

(a)  fix the quorum for general meetings of the members of the order and the manner of calling such meetings;

(b)  fix the date of and procedure for the election of the president and the elected directors, the date and the time they take office and their term of office; the regulation may set a limit on the number of consecutive terms for which they may be appointed;

(c)  prescribe standards for equivalence of diplomas issued by educational establishments situated outside Québec, for the purposes of issuing a permit or specialist’s certificate, and standards of equivalence of the training of a person who does not hold a diploma required for such purposes;

(c.1)  determine a procedure for recognizing an equivalence, standards for which are established in a regulation under paragraph c of this section or paragraph i of section 94, stipulating that a decision must be reviewed by persons other than those who made it;

(d)  impose on the members of the order the obligation to furnish and maintain security, by means of an insurance contract or a surety bond or by any other means determined by the regulation, to cover liability for any fault committed in the practice of their profession, or the obligation to join a group plan contract entered into by the order or to contribute to a professional liability insurance fund established for such purposes in accordance with section 86.1. The coverage must extend to any claim filed against a member during the five years following the year he no longer is required to maintain security to cover his liability or following the year he ceases to be a member of the order or during a longer period determined by the order in the regulation. The regulation must prescribe the minimum amount of coverage and may prescribe special rules or exemptions based, in particular, on the professional activities engaged in by the members and the risk they represent;

(e)  fix, in accordance with section 61, the number of directors of the board of directors;

(f)  determine the location of the head office of the order;

(g)  pursuant to paragraph 2 of section 187.11, impose on the members referred to therein, on the basis of the risk they represent, the obligation to furnish and maintain coverage, on behalf of the partnership or company, by means of an insurance or suretyship contract or by any other means determined by the regulation, against liabilities of the partnership or company arising from fault in the practice of their profession, or the obligation to join a group plan contract entered into by the order or to contribute to a professional liability insurance fund established for such purposes in accordance with section 86.1; the regulation shall also determine the minimum amount of coverage and prescribe specific rules according to such factors as the nature of the professional activities carried on and the number of members of the order in the partnership or company; the coverage must extend to any claim filed against the partnership or company during the five years following the year the members cease to maintain the coverage, or during a longer period determined by the board of directors in the regulation;

(h)  fix the conditions and procedure applicable to a declaration pursuant to paragraph 3 of section 187.11.

1973, c. 43, s. 91; 1988, c. 29, s. 26; 1994, c. 40, s. 80; 2001, c. 34, s. 5; 2006, c. 20, s. 4; 2008, c. 11, s. 1, s. 61.

2006-06-14

93. The Bureau must, by regulation,

(a)  fix the quorum for general meetings of the members of the order and the manner of calling such meetings;

(b)  fix the date of and procedure for the election of the president and the elected directors, the date and the time they take office and their term of office;

(c)  prescribe standards for equivalence of diplomas issued by educational establishments situated outside Québec, for the purposes of issuing a permit or specialist’s certificate, and standards of equivalence of the training of a person who does not hold a diploma required for such purposes;

(c.1)  determine a procedure for recognizing an equivalence, standards for which are established in a regulation under paragraph c of this section or paragraph i of section 94, stipulating that a decision must be reviewed by persons other than those who made it and, for that purpose, provide that the Bureau’s power to decide an application or review a decision may be delegated to a committee established under paragraph 2 of section 86.0.1;

(d)  impose on the members of the order or certain classes of them, on the basis of the risk they represent, in particular on those who practise for their own account, the obligation to furnish a security, by means of an insurance contract or a surety bond by any other means determined by the regulation, against any liability they may incur owing to fault or negligence in the practice of their profession, or the obligation to join a group plan contract entered into by the order or to contribute to a professional liability insurance fund established for such purposes in accordance with section 86.1;

(e)  fix, in accordance with section 61, the number of directors of the Bureau;

(f)  determine the location of the head office of the order;

(g)  pursuant to paragraph 2 of section 187.11, impose on the members referred to therein, on the basis of the risk they represent, the obligation to furnish and maintain security, on behalf of the partnership or company, by means of an insurance or suretyship contract or by any other means determined by the regulation, against liabilities of the partnership or company arising from fault or negligence in the practice of their profession, or the obligation to join a group plan contract entered into by the order or to contribute to a professional liability insurance fund established for such purposes in accordance with section 86.1; the regulation shall also determine the minimum amount of security and prescribe specific rules according to such factors as the nature of the professional activities carried on and the number of members of the order in the partnership or company;

(h)  fix the conditions and procedure and, as appropriate, any fees applicable to a declaration pursuant to paragraph 3 of section 187.11.

1973, c. 43, s. 91; 1988, c. 29, s. 26; 1994, c. 40, s. 80; 2001, c. 34, s. 5; 2006, c. 20, s. 4.

2001-06-21

93. The Bureau must, by regulation,

(a)  fix the quorum for general meetings of the members of the order and the manner of calling such meetings;

(b)  fix the date of and procedure for the election of the president and the elected directors, the date and the time they take office and their term of office;

(c)  prescribe standards for equivalence of diplomas issued by educational establishments situated outside Québec, for the purposes of issuing a permit or specialist’s certificate, and standards of equivalence of the training of a person who does not hold a diploma required for such purposes;

(d)  impose on the members of the order or certain classes of them, on the basis of the risk they represent, in particular on those who practise for their own account, the obligation to furnish a security, by means of an insurance contract or a surety bond by any other means determined by the regulation, against any liability they may incur owing to fault or negligence in the practice of their profession, or the obligation to join a group plan contract entered into by the order or to contribute to a professional liability insurance fund established for such purposes in accordance with section 86.1;

(e)  fix, in accordance with section 61, the number of directors of the Bureau;

(f)  determine the location of the head office of the order;

(g)  pursuant to paragraph 2 of section 187.11, impose on the members referred to therein, on the basis of the risk they represent, the obligation to furnish and maintain security, on behalf of the partnership or company, by means of an insurance or suretyship contract or by any other means determined by the regulation, against liabilities of the partnership or company arising from fault or negligence in the practice of their profession, or the obligation to join a group plan contract entered into by the order or to contribute to a professional liability insurance fund established for such purposes in accordance with section 86.1; the regulation shall also determine the minimum amount of security and prescribe specific rules according to such factors as the nature of the professional activities carried on and the number of members of the order in the partnership or company;

(h)  fix the conditions and procedure and, as appropriate, any fees applicable to a declaration pursuant to paragraph 3 of section 187.11.

1973, c. 43, s. 91; 1988, c. 29, s. 26; 1994, c. 40, s. 80; 2001, c. 34, s. 5.

1994-10-15

93. The Bureau must, by regulation,

(a)  fix the quorum for general meetings of the members of the order and the manner of calling such meetings;

(b)  fix the date of and procedure for the election of the president and the elected directors, the date and the time they take office and their term of office;

(c)  prescribe standards for equivalence of diplomas issued by educational establishments situated outside Québec, for the purposes of issuing a permit or specialist’s certificate, and standards of equivalence of the training of a person who does not hold a diploma required for such purposes;

(d)  impose on the members of the order or certain classes of them, on the basis of the risk they represent, in particular on those who practise for their own account, the obligation to furnish a security, by means of an insurance contract or a surety bond by any other means determined by the regulation, against any liability they may incur owing to fault or negligence in the practice of their profession, or the obligation to join a group plan contract entered into by the order or to contribute to a professional liability insurance fund established for such purposes in accordance with section 86.1;

(e)  fix, in accordance with section 61, the number of directors of the Bureau;

(f)  determine the location of the head office of the order.

1973, c. 43, s. 91; 1988, c. 29, s. 26; 1994, c. 40, s. 80.

1988-06-17

93. The Bureau must, by regulation,

(a)  fix the quorum for general meetings of the members of the corporation and the manner of calling such meetings;

(b)  fix the date of and procedure for the election of the president and the elected directors, the date and the time they take office and their term of office;

(c)  prescribe standards for equivalence of diplomas issued by educational establishments situated outside Québec, for the purposes of issuing a permit or specialist’s certificate.

1973, c. 43, s. 91; 1988, c. 29, s. 26.

1977-12-31

93. The Bureau must, by regulation, fix the quorum for general meetings of members of the corporation.

1973, c. 43, s. 91.