C-26, r. 278 - Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre des traducteurs, terminologues et interprètes agréés du Québec

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter C-26, r. 278

Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre des traducteurs, terminologues et interprètes agréés du Québec

Professional Code

(chapter C-26, s. 88).

DIVISION I CONCILIATION

1. A client who has a dispute with a member of the Ordre des traducteurs, terminologues et interprètes agréés du Québec concerning the amount of an unpaid account for professional services may file a written application for conciliation with the syndic, provided that the member has not instituted proceedings to recover the account.

O.C. 839-94, s. 1.

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

O.C. 839-94, 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.

O.C. 839-94, s. 3.

4. Within 3 days of receiving an application for conciliation, the syndic shall notify the member concerned. He shall also send the client a copy of this Regulation.

Once the syndic has received the application for conciliation, the member 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 940.4 of the Code of Civil Procedure (chapter C-25).

O.C. 839-94, s. 4.

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

O.C. 839-94, s. 5.

6. Any agreement reached during conciliation shall be put in writing, shall be signed by the client and the member and shall be filed with the syndic.

O.C. 839-94, s. 6.

7. Where conciliation does not lead to an agreement within 30 days of the date of receipt of the application for conciliation, the syndic shall send a report on the dispute to the client and to the member by registered or certified mail.

The report shall contain the following information, where applicable:

(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;

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

The syndic shall send the client the form in Schedule I.

O.C. 839-94, s. 7.

DIVISION II ARBITRATION

§ 1 . — Application for arbitration

8. Within 30 days of receiving the conciliation report, the client may apply for arbitration of the account by sending the form in Schedule I to the secretary of the council of arbitration.

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

O.C. 839-94, s. 8.

9. Within 3 days of receiving an application for arbitration, the secretary of the council of arbitration of accounts shall notify the member concerned.

O.C. 839-94, s. 9.

10. Where the client wishes to withdraw his application for arbitration, he shall so notify the secretary of the council of arbitration of accounts in writing.

O.C. 839-94, s. 10.

11. A member who acknowledges having to reimburse an amount to a client shall deposit that amount with the secretary of the council of arbitration of accounts, 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. 839-94, 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 council of arbitration of accounts. Where the parties reach an agreement after the arbitrators have been appointed, the agreement shall be recorded in the arbitration award.

O.C. 839-94, s. 12.

§ 2 . — Arbitrators

13. The board of directors shall appoint the members of the council of arbitration of accounts and shall designate the chair from among their number. The board of directors shall also appoint the secretary of the council. The chair and the other members of the council shall be members of the Order.

O.C. 839-94, s. 13.

14. As soon as possible after receipt of the application for arbitration, the chair of the council shall designate 3 arbitrators from among the members of the council. If the amount in dispute is less than $2,000, a single arbitrator shall be designated.

O.C. 839-94, s. 14.

15. The secretary of the council shall notify the arbitrators and the parties of the appointment of the arbitrators.

O.C. 839-94, s. 15.

16. Before acting, the arbitrators shall take the oath in Schedule II.

O.C. 839-94, s. 16.

17. A request that an arbitrator be recused may be filed only for a reason provided for in article 234 of the Code of Civil Procedure (chapter C-25). The request shall be sent in writing to the secretary of the council of arbitration of accounts, to the arbitrators and to the parties or their advocates within 15 days of receipt of the notice provided for in section 15 or of the day on which the reason for the request becomes known.

The chair of the council shall decide the request and, where applicable, shall see that the arbitrator is replaced.

O.C. 839-94, s. 17.

§ 3 . — Hearing

18. The secretary of the council of arbitration of accounts shall give the parties or their advocates and the arbitrators at least 15 days’ written notice of the date, time and place of the hearing.

O.C. 839-94, s. 18.

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

O.C. 839-94, s. 19.

20. The arbitrators shall, as soon as possible, hear the parties, receive their evidence or record any failure on their part. For those purposes, they shall follow such procedure as they consider most appropriate.

O.C. 839-94, s. 20.

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

O.C. 839-94, s. 21.

22. Should an arbitrator die or be unable to act, the other arbitrators shall conclude the matter.

If a single arbitrator was designated, the chair of the council of arbitration of accounts shall designate a new arbitrator and the dispute shall be reheard.

O.C. 839-94, s. 22.

§ 4 . — Arbitration award

23. The arbitrators shall issue their award within 30 days of the end of the hearing.

O.C. 839-94, s. 23.

24. The award shall be decided by a majority of the arbitrators.

The award shall give reasons and shall be signed by all the arbitrators. 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 arbitrators.

O.C. 839-94, s. 24.

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

O.C. 839-94, s. 25.

26. In their award, the arbitrators 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 acknowledged owing and that he sent with his application for arbitration.

O.C. 839-94, s. 26.

27. In their award, the arbitrators may distribute among the parties the expenses incurred by the Order for the arbitration. The expenses so distributed 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 arbitrators may add thereto interest and an indemnity determined pursuant to articles 1618 and 1619 of the Civil Code from the date of the application for conciliation.

O.C. 839-94, s. 27.

28. The arbitration award is binding on the parties but is subject to compulsory execution only after having been homologated in accordance with the procedure provided for in articles 946.1 to 946.5 of the Code of Civil Procedure (chapter C-25).

O.C. 839-94, s. 28.

29. The secretary of the council of arbitration shall immediately send the arbitration award to the parties or their advocates.

O.C. 839-94, s. 29.

30. (Omitted).

O.C. 839-94, s. 30.

SCHEDULE I

(s. 8)

APPLICATION FOR ARBITRATION OF AN ACCOUNT

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

(1) __________(member’s name)__________

__________ is claiming from me

__________ refuses to reimburse to me

the sum of ______________________________ for professional services.

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

(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 traducteurs, terminologues et interprètes agréés du Québec (chapter C-26, r. 278).

(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 __________(member’s name)__________ the amount of the arbitration award.

_________________________________________

Signature

O.C. 839-94, Sch. I.

SCHEDULE II

(s. 16)

OATH

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)__________

at _______________________________________ on _______________________________________

(municipality) (date)

_________________________________________

(signature of the person administering the oath)

O.C. 839-94, Sch. II.

REFERENCES

O.C. 839-94, 1994 G.O. 2, 2210

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