A-23, r. 13 - Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre des arpenteurs-géomètres du Québec

À jour au 1^er janvier 2016

Ce document a valeur officielle.

chapter A-23, r. 13

Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre des arpenteurs-géomètres du Québec

Land Surveyors Act

(chapter A-23, s. 4).

Professional Code

(chapter C-26, s. 88).

DIVISION I CONCILIATION

1. A client who has a dispute with a member of the Ordre des arpenteurs-géomètres du Québec concerning the amount of an unpaid account for professional services may file a written application for conciliation with the syndic, within a 45-day period from the date of receipt of the account.

O.C. 815-95, s. 1.

2. A client who has a dispute with a member concerning the amount of an account that he has already paid in whole or in part for professional services may also file a written application for conciliation with the syndic within a 45-day period from the date of receipt of the account.

O.C. 815-95, s. 2.

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

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

O.C. 815-95, s. 3; I.N. 2016-01-01 (NCCP).

4. Within 5 days of receiving an application for conciliation, the syndic shall notify the member concerned or, where he is unable to notify the member personally within that period, shall notify the member’s firm. He shall also send the client a copy of this Regulation.

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

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

O.C. 815-95, 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. 815-95, s. 5.

6. Any agreement reached during conciliation shall be put in writing in accordance with the form provided in Schedule I, shall be signed by the client and the member and shall be filed with the secretary of the Order.

O.C. 815-95, s. 6.

7. Where conciliation does not lead to an agreement within 30 days from the date of receipt of the application for conciliation, the syndic shall send the form provided in Schedule II to the client, indicating to him the procedure and time limit for submitting the dispute to arbitration.

Where the account has a value of $1,000 or more, the syndic shall also send a conciliation report to the client and to the member by registered mail.

The conciliation report shall contain the following information:

(1)  the amount of the account in dispute;

(2)  the amount that the client acknowledges owing;

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

O.C. 815-95, s. 7.

DIVISION II ARBITRATION

§ 1 . — Application for arbitration

8. Within 15 days of receiving the form provided in Schedule II and the conciliation report, if such exists, the client may apply for arbitration of the account by sending the form in Schedule II to the secretary of the Order.

A copy of the conciliation report, if such exists, shall accompany the client’s application for arbitration.

O.C. 815-95, s. 8.

9. Within 5 days of receiving an application for arbitration, the secretary of the Order shall notify the member concerned or, where he is unable to notify the member personally within that period, shall notify the member’s firm.

O.C. 815-95, s. 9.

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

O.C. 815-95, s. 10.

11. A member 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. 815-95, s. 11.

12. A client who acknowledges owing an amount to a member shall deposit that amount with the secretary of the Order, who shall then remit it to the member.

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

O.C. 815-95, s. 12.

13. Any agreement reached by the parties after the application for arbitration has been filed shall be put in writing in accordance with the form provided in Schedule I, shall be signed by the parties and shall be filed with the secretary of the Order. Where the parties reach an agreement after a council of arbitration has heard the case, the agreement shall be recorded in the arbitration decision.

O.C. 815-95, s. 13.

§ 2 . — Council of arbitration

14. Each year, within one month following its election, the board of directors of the Ordre des arpenteurs-géomètres du Québec shall form a council of arbitration, of which it appoints the chair and the vice-chair or the vice-chairs.

O.C. 815-95, s. 14.

15. The council of arbitration shall be composed of 3 members where the amount in dispute is $2,000 or more, and may be composed of a single member where the amount is less than $2,000.

O.C. 815-95, s. 15.

16. The members of the council shall have exercised their profession for not less than 10 years; they shall remain in office until reappointed or replaced.

O.C. 815-95, s. 16.

17. The board of directors shall designate the secretary of the council and assistants to the secretary.

O.C. 815-95, s. 17.

18. Should the chair be unable to act by reason of absence or illness, he shall be replaced by the vice-chair or one of the vice-chairs.

O.C. 815-95, s. 18.

19. A member of the council may not sit during the hearing of a case where he finds himself to be in any of the situations described in article 202 of the Code of Civil Procedure (chapter C-25.01).

O.C. 815-95, s. 19; I.N. 2016-01-01 (NCCP).

20. Before acting, the members of the council, the secretary of the council and assistants to the secretary shall take the oath provided in Schedule III.

O.C. 815-95, s. 20.

§ 3 . — Hearing

21. The chair of the council shall determine the date, hour and place of the hearing and shall designate the members called to sit; the secretary of the council or any member designated by the chair shall give written notice to the members and the parties no less than 15 days before the date.

O.C. 815-95, s. 21.

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

O.C. 815-95, s. 22.

23. Unless otherwise necessary due to extraordinary circumstances, the hearing shall be held within 60 days following the date on which the case is forwarded to the council.

O.C. 815-95, s. 23.

24. A party requesting that the testimony be recorded shall assume the cost thereof.

O.C. 815-95, s. 24.

25. The member or members of the council who begin the hearing shall see the matter through.

Should a member of the council die or be unable to act, the other members shall see the matter through.

If the council of arbitration consists of a single member, he shall be replaced by a new member and the dispute shall be reheard.

O.C. 815-95, s. 25.

§ 4 . — Arbitration decision

26. The council of arbitration shall issue its decision within 60 days of the end of the hearing.

O.C. 815-95, s. 26.

27. The decision shall be a majority decision of the members of the council.

The decision shall be substantiated 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 decision shall have the same effect as though it were signed by all the members.

O.C. 815-95, s. 27.

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

O.C. 815-95, s. 28.

29. In its decision, the council of arbitration may uphold or reduce 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. 815-95, s. 29.

30. In its decision, 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 of the invoice.

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. 815-95, s. 30.

31. The arbitration decision is binding on the parties, is without appeal 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. 815-95, s. 31; I.N. 2016-01-01 (NCCP).

32. The arbitration decision shall be filed with the secretary of the Order and shall be sent to each party or to their advocates within 10 days after being filed.

O.C. 815-95, s. 32.

33. (Omitted).

O.C. 815-95, s. 33.

34. (Omitted).

O.C. 815-95, s. 34.

SCHEDULE I

(ss. 6 and 13)

AGREEMENT

CONCLUDED between __________(client’s name)__________ __________(domicile)__________

AND

__________(member’s name)__________ who declare that:

(1) __________(member’s name)__________ is claiming (or refuses to reimburse) a sum of money for professional services rendered to __________(client’s name)__________

(2) __________(client’s name)__________ has applied to the syndic for conciliation with respect to the dispute.

(3) An agreement has been concluded between: __________(client’s name)__________ and __________(member’s name)__________ during conciliation (during arbitration).

(4) The terms of the agreement are as follows:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

(5) __________(client’s name)__________ and __________(member’s name)__________ declare that they are bound by the terms of the agreement.

DATE: _________________________

______________________________________ and ______________________________________

(Client’s signature) (Member’s signature)

O.C. 815-95, Sch. I.

SCHEDULE II

(s. 8)

APPLICATION FOR ARBITRATION OF AN ACCOUNT

I, the undersigned, __________(client’s name)__________ __________(domicile)__________ swear under oath that:

(1) __________(member’s name)__________ 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, if such exists.

(3) I am applying for arbitration of the account under the Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre des arpenteurs-géomètres du Québec (chapter A-23, r. 13).

(4) I have enclosed a certified cheque for the amount I acknowledge owing to __________(member’s name)__________

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

(6) I agree to submit to the procedure provided for in the Regulation and, where required, to pay to __________(member’s name)__________ the amount of the arbitration decision, which is without appeal and is binding on the parties.

DATE: ________________________

______________________________

Signature

Sworn BEFORE ME AT ____________________ ON _________________ 20____

______________________________

Administering officer

O.C. 815-95, Sch. II.

SCHEDULE III

(s. 20)

OATH

I swear under oath that I will perform all my duties and exercise all my powers as a member of the council (or as secretary of the council or as an assistant to the secretary of the council) faithfully, impartially and honestly, to the best of my ability and knowledge.

I also swear under oath 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.

Sworn before __________(name and office, profession or capacity)__________ at __________(municipality)__________ on __________(date)__________

____________________________________________

(signature of the person receiving the oath)

O.C. 815-95, Sch. III.

REFERENCES

O.C. 815-95, 1995 G.O. 2, 1877

S.Q. 2008, c. 11, s. 212