C-26, r. 303 - Regulation respecting the professional inspection committee of the Ordre professionnel des urbanistes du Québec

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter C-26, r. 303

Regulation respecting the professional inspection committee of the Ordre professionnel des urbanistes du Québec

Professional Code

(chapter C-26, s. 90).

DIVISION I GENERAL

1. A professional inspection shall cover the records, books and registers as well as the inquiries, studies and reports kept or prepared by a member of the Ordre professionnel des urbanistes du Québec in the practice of his profession.

It shall also cover the documents in which the member collaborated in the records, inquiries, studies and reports kept or prepared by his co-workers or by his employer, those that were entrusted to him by a co-worker or an employer, and to any property entrusted to him by a client.

O.C. 496-92, s. 1.

DIVISION II PROFESSIONAL INSPECTION COMMITTEE

2. The professional inspection committee of the Order shall consist of 3 members appointed for a one year term by the board of directors from among the members who have been practising their profession for at least 5 years.

The members of the committee shall take office after taking the oath contained in Schedule II to the Professional Code (chapter C-26) and shall remain in office until they die, resign, are replaced or are struck off the roll.

O.C. 496-92, s. 2.

3. The committee shall sit on the date and at the time and place fixed by it or by its chair.

O.C. 496-92, s. 3.

4. The board of directors of the Order shall appoint the secretary of the committee.

O.C. 496-92, s. 4.

5. The office of the committee shall be located at the head office of the Order, and all the minutes, reports and other documents of the committee shall be kept there.

O.C. 496-92, s. 5.

6. Subject to section 9, only the members of the committee, the secretary of the committee, the office staff assigned to the committee by the secretary of the Order and the president of the Order shall have access to the records, books and registers of the committee.

Before taking office, the secretary of the committee and the members of the office staff shall take the oath contained in Schedule II to the Code.

O.C. 496-92, s. 6.

DIVISION III DRAWING UP OF A PROFESSIONAL RECORD

7. As its activities progress, the committee shall draw up and keep up-to-date a professional record for each member of the Order who is the subject of an inspection.

O.C. 496-92, s. 7.

8. The professional record shall contain a summary of the member’s academic qualifications and experience as well as all the documents pertaining to an inspection of which he was the subject.

O.C. 496-92, s. 8.

9. A member is entitled to consult his professional record and to obtain a copy thereof. The consultation shall be held at the committee’s office in the presence of a person designated by the committee.

O.C. 496-92, s. 9.

DIVISION IV GENERAL SUPERVISION OF THE PRACTICE OF THE PROFESSION

10. The committee shall supervise the practice of the profession in accordance with the program established by it.

O.C. 496-92, s. 10.

11. Each year, the board of directors shall have the committee’s general supervision program published in the bulletin of the Order.

O.C. 496-92, s. 11.

12. At least 15 days before the date fixed for the verification by the committee, the committee shall, through its secretary, send the member is question, by registered mail, a notice in accordance with the form in Schedule I.

O.C. 496-92, s. 12.

13. If the member cannot receive the investigator on the prescribed date, he must, upon receipt of the notice, inform the secretary of the committee and decide on another date with him.

O.C. 496-92, s. 13.

14. When the committee ascertains that the member was unable to take cognizance of the notice, it shall fix a new date for the verification and notify the member in writing thereof.

O.C. 496-92, s. 14.

15. The committee must, if required to do so, produce a certificate attesting to its capacity and signed by its secretary.

O.C. 496-92, s. 15.

16. A member who is the subject of a verification may be present or may be represented by a mandatary.

O.C. 496-92, s. 16.

17. The committee shall draw up an account of the verification within 15 days of the date of the end of its verification.

O.C. 496-92, s. 17.

DIVISION V SPECIAL INQUIRY INTO THE PROFESSIONAL COMPETENCE OF A MEMBER

18. A member of the committee who makes a special inquiry on his own initiative into the professional competence of a member shall indicate in his professional record the reasons warranting such inquiry.

O.C. 496-92, s. 18.

19. At least 5 clear days before the date of the special inquiry, the committee shall, through its secretary, send to the member in question, by registered or certified mail, a notice in accordance with the form in Schedule II.

Where the sending of a notice to the member could jeopardize the object for which a special inquiry is to be held, the committee may make the inquiry without such notice.

O.C. 496-92, s. 19.

20. The committee may order the member, his employer, his representative or employee to give it access to the records, books, registers and other items covered by section 1.

O.C. 496-92, s. 20.

21. Where his records are held by a third party, a member must, upon the request of the committee, authorize the latter to take cognizance or a copy thereof.

O.C. 496-92, s. 21.

22. The committee may request that a person who makes a declaration to it relative to an inquiry attest such declaration under oath.

O.C. 496-92, s. 22.

23. Where a member refuses to receive the committee, he shall immediately notify the board of directors thereof.

O.C. 496-92, s. 23.

24. The committee shall draw up a report within 30 days after termination of an inquiry.

O.C. 496-92, s. 24.

25. Sections 15 and 16 apply, with the necessary modifications, to an inquiry held under this Division.

O.C. 496-92, s. 25.

DIVISION VI RECOMMENDATIONS OF THE COMMITTEE FOLLOWING A SPECIAL INQUIRY INTO THE PROFESSIONAL COMPETENCE OF A MEMBER

26. Where the committee, after study of its report, has reason to believe that it is not expedient to recommend to the board of directors that any of the measures prescribed by section 113 of the Code be taken, it shall notify the board of directors and the member in question within 30 days following its decision.

O.C. 496-92, s. 26.

27. Where the committee, after study of its report, has reason to believe that it is expedient to recommend to the board of directors that any of the measures prescribed by section 113 of the Code be taken, it shall notify the secretary of the board of directors and the member in question within the same time limit and must permit him to be heard.

O.C. 496-92, s. 27.

28. In the case provided for in section 27, the committee shall summon the member and send him, by registered or certified mail, 21 days before the date fixed for the hearing, the following information and documents:

(1)  a notice specifying the date, time and place of the hearing;

(2)  a statement of the facts and reasons that justify summoning him before the committee;

(3)  a copy of the report made by the committee concerning him.

O.C. 496-92, s. 28.

29. At the hearing, a member may be represented by an advocate.

O.C. 496-92, s. 29.

30. The committee shall administer the oath to the member and the witnesses through a commissioner for oaths.

O.C. 496-92, s. 30.

31. The hearing shall be held in private unless the committee, at the request of the member, considers that it is in the public interest that it not be held in that manner.

O.C. 496-92, s. 31.

32. The committee may proceed by default if the member does not appear on the date and at the time and place prescribed.

O.C. 496-92, s. 32.

33. The depositions shall be recorded at the request of the member or of the committee.

O.C. 496-92, s. 33.

34. In its recommendations concerning a member, the committee shall take into account the type of professional activities in which the member is generally engaged.

O.C. 496-92, s. 34.

35. The recommendations of the committee shall be made by a majority vote of its members within 60 days after the end of the hearing. The recommendations shall include the reasons therefor, shall be signed by the members of the committee who concurred in them, and shall be sent to the board of directors and to the member in question without delay.

O.C. 496-92, s. 35.

DIVISION VIII MISCELLANEOUS AND FINAL

36. The secretary of the committee shall keep a register in which are entered in chronological order the date of each verification or special inquiry, the address where it is made, the name of the member in question and the name of the person who made the verification or inquiry.

O.C. 496-92, s. 36.

37. The annual report of the committee provided for in section 115 of the Code shall be submitted to the board of directors prior to 1 April of each year.

O.C. 496-92, s. 37.

38. This Regulation replaces the Regulation respecting the procedure of the professional inspection committee of town planners (R.R.Q., 1981, c. C-26, r. 198).

O.C. 496-92, s. 38.

39. (Omitted).

O.C. 496-92, s. 39.

SCHEDULE I

(s. 12)

ORDRE PROFESSIONNEL DES URBANISTES DU QUÉBEC

NOTICE OF VERIFICATION

Notice is given that, within the framework of the program for general supervision of the practice of the profession, the professional inspection committee will examine and verify your records, books, registers and other items referred to in section 1 of the Regulation respecting the professional inspection committee of the Ordre professionnel des urbanistes du Québec (chapter C-26, r. 303), on _________________________ 20_____ at _______ o’clock.

For that purpose, Mr or Ms ___________________________ will visit you on _________________________.

Signed at ________________________, on ______________________________________________ 20_____.

The professional inspection committee

---

Secretary of the committee

O.C. 496-92, Sch. I.

SCHEDULE II

(s. 19)

ORDRE PROFESSIONNEL DES URBANISTES DU QUÉBEC

NOTICE OF SPECIAL INQUIRY

Notice is given that, at the request of the board of directors (or on its own initiative), the professional inspection committee will make a special inquiry into your professional competence, on _________________________ 20_____ at _______ o’clock.

For that purpose, Mr or Ms ___________________________ will visit you on _________________________.

Signed at ________________________, on ______________________________________________ 20_____.

The professional inspection committee

---

Secretary of the committee

O.C. 496-92, Sch. II.

REFERENCES

O.C. 496-92, 1992 G.O. 2, 1954

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