A-12, r. 12 - Regulation respecting the conciliation and arbitration procedure for the accounts of agrologists

À jour au 1^er janvier 2016

Ce document a valeur officielle.

chapter A-12, r. 12

Regulation respecting the conciliation and arbitration procedure for the accounts of agrologists

Agrologists Act

(chapter A-12, s. 3).

Professional Code

(chapter C-26, s. 88).

DIVISION I CONCILIATION

1. A client who has a dispute with an agrologist concerning the amount of an unpaid account for professional services which, on that date, is not the subject of legal proceedings shall, before applying for arbitration, apply to the syndic for conciliation by sending him the duly completed and signed form in Schedule I.

A client who has already paid an account for professional services in whole or in part may apply for conciliation within a 45-day period following the date of receipt of the account.

O.C. 1068-95, s. 1.

2. Where, in payment of the account, sums have been withdrawn or withheld by the agrologist from the funds that he holds or receives for or on behalf of the client, the period runs from the day on which the client becomes aware of the withdrawal or withholding.

O.C. 1068-95, s. 2.

3. An agrologist may not institute proceedings to recover an account for professional services before the expiry of a 45-day period following the date of receipt of the account by the client.

O.C. 1068-95, s. 3.

4. Within 3 days following receipt of an application for conciliation relating to an agrologist’s account for professional services, the syndic shall notify the agrologist or, where he is unable to notify the agrologist personally within that period, shall notify the agrologist’s firm. He shall also send the client a copy of this Regulation.

Once the syndic has received the application for conciliation, the agrologist may not institute proceedings to recover his account so long as the dispute may be settled by conciliation or arbitration.

Notwithstanding the foregoing, an agrologist may request provisional measures in accordance with article 623 of the Code of Civil Procedure (chapter C-25.01).

O.C. 1068-95, s. 4; I.N. 2016-01-01 (NCCP).

5. The syndic shall proceed with the conciliation using such procedure as he considers appropriate.

O.C. 1068-95, s. 5.

6. Any agreement reached during conciliation shall be put in writing, shall be signed by the client and the agrologist and shall be filed with the syndic of the Order in the form in Schedule II.

O.C. 1068-95, s. 6.

7. Where conciliation does not lead to an agreement within 45 days following the date of receipt of the application for conciliation, the syndic shall send a report on the dispute to the client and to the agrologist by registered mail.

The report shall contain the following information, where applicable:

(1)  the amount of the account for professional services in dispute;

(2)  the amount that the client acknowledges owing;

(3)  the amount that the agrologist acknowledges having to reimburse or is willing to accept as a settlement of the dispute;

(4)  the amount suggested by the syndic during conciliation as a payment to the agrologist or as a reimbursement to the client.

The syndic shall send the client the form in Schedule III and shall indicate to him the procedure and deadline for submitting the dispute to arbitration.

O.C. 1068-95, s. 7; I.N. 2016-01-01 (NCCP).

DIVISION II ARBITRATION

§ 1 . — Application for arbitration

8. Within 30 days following receipt of the conciliation report, the client may apply for arbitration of the account by sending the form in Schedule III to the secretary of the Order by registered mail.

A copy of the conciliation report shall accompany the client’s application for arbitration.

O.C. 1068-95, s. 8; I.N. 2016-01-01 (NCCP).

9. Within 5 days following receipt of an application for arbitration, the secretary of the Order shall, by registered mail, notify the agrologist concerned or, where he is unable to notify the agrologist personally within that period, shall notify the agrologist’s firm.

O.C. 1068-95, s. 9; I.N. 2016-01-01 (NCCP).

10. A client who wishes to withdraw his application for arbitration shall so notify the secretary of the Order in writing.

O.C. 1068-95, s. 10.

11. An agrologist who acknowledges having to reimburse an amount to a client shall deposit that amount with the secretary of the Order, who shall then remit it to the client.

In such case, the arbitration shall proceed and shall pertain only to the amount still in dispute.

O.C. 1068-95, s. 11.

12. Any agreement reached by the parties after the application for arbitration has been filed shall be put in writing, shall be signed by the parties and shall be filed with the secretary of the Order in the form in Schedule II. Where the parties reach an agreement after a council of arbitration has been formed, the agreement shall be recorded in the arbitration award.

O.C. 1068-95, s. 12.

§ 2 . — Council of arbitration

13. The council of arbitration shall be composed of 3 arbitrators where the amount in dispute is $3,000 or more, and of a single arbitrator where the amount is less than $3,000.

O.C. 1068-95, s. 13.

14. The executive committee shall appoint the member or members of the council of arbitration from among the members of the Order and, if the council is composed of 3 arbitrators, shall designate the chair thereof.

O.C. 1068-95, s. 14.

15. Before acting, the members of the council of arbitration shall take the oath of office and discretion in Schedule IV to this Regulation.

O.C. 1068-95, s. 15.

16. Within 10 days following the executive committee’s decision, the secretary of the Order shall notify the arbitrators and the parties, by registered mail, of the formation of the council of arbitration.

O.C. 1068-95, s. 16; I.N. 2016-01-01 (NCCP).

17. A request that an arbitrator be recused may be filed only for a reason provided for in article 202 of the Code of Civil Procedure (chapter C-25.01). The request shall be sent in writing to the secretary of the Order, to the council of arbitration and to the parties or their advocates within 10 days following receipt of the notice provided for in section 16 or of the day on which the reason for the request becomes known.

The executive committee shall decide the request and, where applicable, shall see that the recused arbitrator is replaced.

O.C. 1068-95, s. 17; I.N. 2016-01-01 (NCCP).

18. Should an arbitrator die or be unable to act, the other arbitrators shall see the matter through.

If the council of arbitration consists of a single arbitrator, he shall be replaced by a new arbitrator appointed by the executive committee and the dispute shall be reheard.

O.C. 1068-95, s. 18.

§ 3 . — Hearing

19. The secretary of the Order shall give the council of arbitration and the parties or their advocates at least 10 days’ written notice of the date, time and place of the hearing.

O.C. 1068-95, s. 19.

20. The parties are entitled to be represented or assisted by an advocate.

O.C. 1068-95, s. 20.

21. The council may request that the parties provide to it, within a given period of time, a statement of their claims with supporting documents.

O.C. 1068-95, s. 21.

22. The council of arbitration shall, as soon as possible, hear the parties, receive their evidence or record any failure on their part. For those purposes, it shall follow such procedure as it considers appropriate.

O.C. 1068-95, s. 22.

23. A party requesting that the testimony be recorded shall make a request to that effect at least 5 days before the date scheduled for the hearing and shall assume the cost thereof.

O.C. 1068-95, s. 23.

§ 4 . — Arbitration award

24. The council of arbitration shall issue its award within 15 days following the end of the hearing.

O.C. 1068-95, s. 24.

25. The award shall be a majority award of the members of the council; failing a majority, it shall be rendered by the chair of the council.

The award shall give reasons and shall be signed by all the members. Where a member refuses or is unable to sign, the others shall mention that fact and the award shall have the same effect as though it were signed by all the members.

O.C. 1068-95, s. 25.

26. The costs incurred by a party for the arbitration shall be borne by that party.

O.C. 1068-95, s. 26.

27. In its award, the council of arbitration may uphold, reduce or cancel the amount of the account in dispute, determine the reimbursement or payment to which a party may be entitled, and rule on the amount that the client acknowledges owing and that he sent with his application for arbitration.

O.C. 1068-95, s. 27.

28. In its award, the council of arbitration may decide the arbitration expenses, which are the expenses incurred by the Order for the arbitration. The total expenses may not exceed 10% of the amount to which the arbitration pertains.

Where the account in dispute is upheld in whole or in part, or where a reimbursement is granted, the council of arbitration may add thereto interest and an indemnity calculated in accordance with articles 1618 and 1619 of the Civil Code from the date of the application for conciliation.

O.C. 1068-95, s. 28.

29. The arbitration award is binding on the parties but is subject to forced execution only after having been homologated in accordance with the procedure provided for in articles 645 to 647 of the Code of Civil Procedure (chapter C-25.01).

O.C. 1068-95, s. 29; I.N. 2016-01-01 (NCCP).

30. The council of arbitration shall file the arbitration award with the secretary of the Order, who, within 10 days after it is filed, shall send it to each party or to their advocates, to the syndic, and to the members of the executive committee.

The council of arbitration shall also send to the secretary of the Order the complete arbitration file, true copies of which may be sent only to the parties, to their advocates and to the syndic.

O.C. 1068-95, s. 30.

DIVISION III TRANSITIONAL AND FINAL PROVISIONS

31. This Regulation replaces the Regulation respecting the procedure for conciliation and arbitration of accounts of agrologists (R.R.Q., 1981, c. A-12, r. 11).

O.C. 1068-95, s. 31.

32. (Omitted).

O.C. 1068-95, s. 32.

SCHEDULE I

(s. 1)

APPLICATION FOR CONCILIATION

I, the undersigned, __________(name and address)__________ personally or (where applicable) representing ______________________________ for the purposes of this application, as attested to by the authorization attached hereto, being duly sworn, declare:

(1) __________(name of agrologist)__________ is claiming from me the sum of __________ for professional services rendered between ______________________________ and ______________________________, as attested to by the account of which a copy is attached hereto;

(2) I am contesting the account for the following reasons:

---

---

---

but (where applicable) I acknowledge:

(a) owing the sum of $__________ relative to the professional services referred to in the account;

(b) having paid the account or part thereof, in the amount of $__________.

(3) I am applying for conciliation by the syndic under Division I of the Regulation respecting the conciliation and arbitration procedure for the accounts of agrologists (chapter A-12, r. 12), of which I declare having received a copy and taken cognizance.

______________________________

Signature

Oath taken before __________(name and position, profession or quality)__________ in __________(municipality)__________, on __________(date)__________

______________________________

Signature

O.C. 1068-95, Sch. I.

SCHEDULE II

(ss. 6 and 12)

AGREEMENT RELATIVE TO A DISPUTE SUBMITTED TO CONCILIATION OR ARBITRATION

Entered into between:

__________(name and address)__________ personally or (where applicable) representing for the purposes of this agreement, as attested to by the authorization attached hereto, hereinafter referred to as “the client”,

and

__________(name and address)__________ a member of the Ordre des agronomes du Québec, hereinafter referred to as “the agrologist”,

who make the following statements and agreements:

An agreement entered into between the agrologist and the client concerning the dispute submitted to conciliation □ or arbitration □ applied for on __________(date)__________

The agreement provides for the following terms and conditions:

---

---

---

---

The agrologist and the client request that the procedure for conciliation □ or arbitration □ of accounts, be halted.

______________________________

(signature of client or of his duly authorized representative)

Signed at ______________________________ on ______________________________

______________________________

(signature of agrologist)

Signed at ______________________________ on ______________________________

O.C. 1068-95, Sch. II.

SCHEDULE III

(s. 8)

APPLICATION FOR ARBITRATION OF AN ACCOUNT

I, the undersigned, __________(name of client)__________ __________(domicile)__________ declare that:

(1) __________(name of agrologist)__________ is claiming from me (or refuses to reimburse to me) a sum of money for professional services.

(2) I have enclosed a copy of the conciliation report.

(3) I am applying for arbitration of the account under the Regulation respecting the conciliation and arbitration procedure for the accounts of agrologists (chapter A-12, r. 12).

(4) I have received a copy of the Regulation mentioned above and have taken cognizance thereof.

(5) I agree to submit to the procedure provided for in the Regulation and, where required, to pay to __________(name of agrologist)__________ the amount of the arbitration award.

______________________________

Signature

O.C. 1068-95, Sch. III.

SCHEDULE IV

(s. 15)

OATH OF OFFICE AND DISCRETION

I swear that I will perform all my duties and exercise all my powers as an arbitrator faithfully, impartially and honestly, to the best of my ability and knowledge.

I also swear that I will not, without being so authorized by law, disclose or make known anything whatsoever of which I may take cognizance in the performance of my duties.

______________________________

Signature

Oath taken before __________(name and position, profession or quality)__________ in __________(municipality)__________, on __________(date)__________.

______________________________

Signature

O.C. 1068-95, Sch. IV.

REFERENCES

O.C. 1068-95, 1995 G.O. 2, 2671

S.Q. 2008, c. 11, ss. 212 and 213