a-12 - Agrologists Act

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter A-12

Agrologists Act

The Minister of Justice is entrusted with the application of this Act. Order in Council 29-2016 dated 28 January 2016, (2016) 148 G.O. 2 (French), 1254.

DIVISION I DEFINITIONS

1. In this Act and the regulations made thereunder, unless the context indicates a different meaning, the following terms mean:

(a)  “Order” : the Ordre des agronomes du Québec constituted by this Act;

(b)  “Bureau” : the Bureau of the Order;

(c)  “agrologist” or “member of the Order” : any person entered on the roll;

(d)  “permit” : a permit issued in accordance with the Professional Code (chapter C‐26) and this Act;

(e)  “roll” : the list of the members in good standing of the Order prepared in accordance with the Professional Code and this Act;

(f)  “section” : a regional corporation contemplated in Division IV.

1973, c. 58, s. 1; 1974, c. 65, s. 94; 1977, c. 5, s. 229.

DIVISION II ORDRE DES AGRONOMES DU QUÉBEC

2. All the persons qualified to practise the profession of agrologist in Québec shall be a professional order called the “Ordre professionnel des agronomes du Québec” or the “Ordre des agronomes du Québec”.

1973, c. 58, s. 2; 1977, c. 5, s. 229; 1994, c. 40, s. 183.

3. Subject to this Act, the Order and its members shall be governed by the Professional Code (chapter C‐26).

1973, c. 58, s. 3.

DIVISION III THE BUREAU

4. The Order shall be governed by a bureau called the “Bureau of the Ordre des agronomes du Québec”.

1973, c. 58, s. 4; 1977, c. 5, s. 229.

5. The Bureau shall consist of the president and vice-president of the Order, one delegate from each section and three other members appointed by the Office des professions du Québec in the manner provided in the Professional Code.

1973, c. 58, s. 5; 1974, c. 65, s. 109.

6. The president and the vice-president of the Order shall be elected by a general vote of the members of the Order, for a term which shall be determined by regulation of the Bureau.

The Professional Code shall apply to such election.

1973, c. 58, s. 6.

7. The president of each section shall be the delegate to the Bureau from his section.

If the president of a section is unable to attend a meeting of the Bureau, the council of the section shall designate another member of the section to replace him.

1973, c. 58, s. 7.

8. The members of the Bureau appointed by the Office des professions du Québec shall be chosen at the same time as the elections for president and vice-president are held.

Their term shall be the same as that of the president and vice-president.

1973, c. 58, s. 8; 1974, c. 65, s. 109.

9. If the president is unable to act by reason of absence or illness, he shall be replaced by the vice-president.

1973, c. 58, s. 9.

10. The Bureau may by resolution:

(a)  (subparagraph repealed);

(b)  require an annual financial report from the sections;

(c)  (subparagraph repealed);

(d)  put under trusteeship those sections which do not make suitable or beneficial use of their funds; require from the officers of such sections a report on the use of their funds and, if necessary, order an inquiry;

(e)  have returned to it the books, records and property of the sections abolished by the Bureau in accordance with this Act and dispose of them, the Bureau then assuming the obligations of such sections;

(f)  impose the following penalties on a section which fails to make the report required under subparagraph b or to submit to the disallowance effected under section 22 of a by-law: deprivation of the right of representation on the Bureau or the placing under trusteeship of the section;

(g)  (subparagraph repealed);

(h)  (subparagraph repealed).

1973, c. 58, s. 10; 1989, c. 23, s. 1; 1994, c. 40, s. 185.

10.1. The Bureau may, by regulation,

(1)  determine how the proceeds of the assessments are to be distributed among the sections;

(2)  abolish a section that does not make suitable and beneficial use of its funds; require from the officers of such a section a report on the use of its funds and, if necessary, order an inquiry;

(3)  impose the following penalty on a section that fails to make the report required under subparagraph b of the first paragraph of section 10 or to submit to the disallowance of a by-law effected under section 22: abolition of the section.

Section 95.1 of the Professional Code (chapter C-26) applies to a regulation adopted pursuant to the first paragraph.

1994, c. 40, s. 186.

DIVISION III.1 ADMINISTRATIVE COMMITTEE

1994, c. 40, s. 186.

10.2. Where an administrative committee is constituted under section 96 of the Professional Code (chapter C-26), the vice-president of the Order shall be a member ex officio of the committee.

For the purposes of section 97 of the said Code, two rather than three members of the committee shall be designated by annual vote of the elected members of the Bureau from among such members.

1994, c. 40, s. 186.

DIVISION IV SECTIONS

11. The Order shall be divided into sections the territorial limits and the names of which are determined by regulation of the Bureau.

The territorial limits of the sections shall be determined by referring to the description and the map of the boundaries in Schedule I to order in council 2000-87 dated 22 December 1987, revising the boundaries of the administrative regions of Québec, as amended.

Section 95.1 of the Professional Code (chapter C-26) applies to the regulation adopted pursuant to the first paragraph.

1973, c. 58, s. 11; 1989, c. 23, s. 2; 1994, c. 40, s. 187.

12. Each section shall constitute a separate and autonomous corporation composed of the agrologists enrolled therein.

1973, c. 58, s. 12.

13. (Repealed).

1973, c. 58, s. 13; 1989, c. 23, s. 3.

14. Each section shall be administered by a council consisting of a president, a vice-president and a number of councillors not to exceed eight determined by the regulations of the section, which shall fix their term.

1973, c. 58, s. 14.

15. The election of the president, vice-president and councillors shall be held before 1 May.

The council shall by resolution fix the mode and procedure of the election and appoint a member of the section as returning officer.

Voting must be by secret ballot at a place designated by the council.

Only members of the Order who have their professional domicile in the territory of the section may vote and shall be eligible.

1973, c. 58, s. 15; 1974, c. 65, s. 95; 1994, c. 40, s. 188.

16. The president shall preside at the meetings of the section and the sittings of the council. In case of a tie-vote, the president, or in his absence the vice-president, or the acting president chosen in their absence, shall have a casting vote.

1973, c. 58, s. 16.

17. If the president is unable to act by reason of absence or illness, he shall be replaced by the vice-president.

1973, c. 58, s. 17.

18. The council of a section may make by-laws for the carrying out of its affairs and the administration of its property, and on any matter of general interest to the members of the section, except matters within the competence of the Order.

1973, c. 58, s. 18.

19. (Repealed).

1973, c. 58, s. 19; 1989, c. 23, s. 4; 1994, c. 40, s. 190.

20. Unless otherwise ordered, the by-laws of the councils of sections shall come into force on the day they are passed.

1973, c. 58, s. 20.

21. The secretary of each section shall send the secretary of the Order a certified copy of every by-law passed by the council of the section, within ten days after it is passed.

1973, c. 58, s. 21.

22. Within four months after the secretary of the Order receives a by-law of a section, the Bureau may, after a prior notice to the section concerned, disallow such by-law by an affirmative vote of two-thirds of the members present.

The Bureau shall exercise such right of disallowance if the by-law of the council of any section is inconsistent with a regulation of the Bureau or the general interest of the Order.

Disallowance by the Bureau shall be retroactive to the date of the by-law of the section, and shall nullify every act that might have been done under it.

1973, c. 58, s. 22.

23. When a section is placed under trusteeship or is abolished, all its powers shall vest in the Bureau.

1973, c. 58, s. 23.

DIVISION V PRACTICE OF THE PROFESSION AND TEMPORARY PERMIT

1994, c. 40, s. 191.

24. Every act performed for remuneration, which has as its object the communication or propagation of or experimentation with the principles, laws and processes relating to cultivation of agricultural plants, or to the raising of farm animals, or to the organization or general development of arable soils or the administration of an agricultural undertaking constitutes the practice of the profession of agrologist.

1973, c. 58, s. 24.

25. (Repealed).

1973, c. 58, s. 25; 1994, c. 40, s. 192.

26. The Bureau may issue a temporary permit, on the conditions it determines, to any person who does not fulfil the conditions for the issue of a permit, provided that the person holds a diploma recognized as valid by the Government or a diploma considered equivalent by the Bureau, or that his training is recognized as equivalent by the Bureau.

Such permit shall be valid for not more than five years and for specific employment.

1973, c. 58, s. 26; 1994, c. 40, s. 193.

27. (Repealed).

1973, c. 58, s. 27; 1994, c. 40, s. 194.

DIVISION VI ILLEGAL PRACTICE OF THE PROFESSION

28. Subject to the rights and privileges expressly granted by law to other professionals, no person shall perform any act described in section 24 unless he is an agrologist.

This section shall not apply to acts performed:

(a)  by an artisan, workman or farmer as such;

(b)  by any person who was performing such acts in carrying on his occupation before 1 January 1961;

(c)  by an agricultural technician or technologist working under the supervision of an agrologist;

(d)  in scientific research;

(e)  by any person in accordance with the provisions of a regulation adopted pursuant to paragraph h of section 94 of the Professional Code (chapter C-26).

1973, c. 58, s. 28; 1994, c. 40, s. 195.

29. Every person who contravenes section 28 is liable, for each offence, to the penalties provided in section 188 of the Professional Code (chapter C-26).

1973, c. 58, s. 29.

DIVISION VII

This Division ceased to have effect on 17 April 1987.

30. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 58 of the statutes of 1973, in force on 31 December 1977, is repealed, except sections 30 to 38 and 40, effective from the coming into force of chapter A-12 of the Revised Statutes.