C-26, r. 308 - Regulation respecting the conciliation and arbitration procedure for the accounts of town planners

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter C-26, r. 308

Regulation respecting the conciliation and arbitration procedure for the accounts of town planners

Professional Code

(chapter C-26, s. 88).

DIVISION I CONCILIATION

1. A client who has a dispute with a town planner concerning the amount of an unpaid account for professional services for which no legal action has been taken may file a written application for conciliation with the syndic of the Ordre professionnel des urbanistes du Québec.

O.C. 1371-94, s. 1.

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

Where, in payment of the account, sums have been withdrawn or withheld by the town planner from the funds that he holds or receives for or on behalf of the client, the period runs from the day on which the client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. 1371-94, s. 2.

3. A town planner may not institute proceedings to recover an account for professional services during the 45-day period following the date of receipt of the account by the client.

O.C. 1371-94, s. 3.

4. Within 3 days of receiving an application for conciliation, the syndic shall notify the town planner concerned or, where he is unable to notify the town planner personally within that period, shall notify the town planner’s firm. He shall also send the client a copy of this Regulation.

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

Notwithstanding the foregoing, the town planner may request provisional measures in accordance with article 940.4 of the Code of Civil Procedure (chapter C-25).

O.C. 1371-94, s. 4.

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

O.C. 1371-94, s. 5.

6. Any agreement reached during conciliation shall be put in writing, shall be signed by the client and the town planner and shall be filed with the secretary of the Order.

O.C. 1371-94, 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 a report on the dispute to the client and to the town planner 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 town planner 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 town planner or as a reimbursement to the client.

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

O.C. 1371-94, s. 7.

DIVISION II ARBITRATION

§ 1 . — Application for arbitration

8. Within 20 days of receiving the conciliation report, the client may apply for arbitration of the account by sending the form in Schedule I, by registered or certified mail, to the secretary of the Ordre professionnel des urbanistes du Québec.

The client shall include a copy of the conciliation report with his application for arbitration.

O.C. 1371-94, s. 8.

9. Within 3 days of receiving an application for arbitration, the secretary of the Order shall notify the town planner concerned or, where he is unable to notify the town planner personally within that period, shall notify the town planner’s firm.

O.C. 1371-94, 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. 1371-94, s. 10.

11. A town planner 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. 1371-94, 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 Order. 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. 1371-94, s. 12.

§ 2 . — Council of arbitration

13. The council of arbitration shall be composed of 3 arbitrators where the amount in dispute is $1,500 or more, and of a single arbitrator where the amount is less than $1,500.

O.C. 1371-94, 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 and the secretary thereof.

O.C. 1371-94, s. 14.

15. The secretary of the Order shall send notice to the arbitrators and to the parties, by registered or certified mail, informing them of the formation of the council of arbitration.

O.C. 1371-94, s. 15.

16. 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), except for paragraph 7 of that article. 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 of receipt of the notice provided for in section 15 or of the day on which the reason for the request becomes known.

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

O.C. 1371-94, s. 16.

17. Before acting, the members of the council of arbitration shall take the oath in Schedule II to this Regulation.

O.C. 1371-94, s. 17.

§ 3 . — Hearing

18. 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. 1371-94, s. 18.

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

O.C. 1371-94, s. 19.

20. The council of arbitration may ask the parties to submit, within a given time, a statement of their claims with documents in support thereof.

O.C. 1371-94, s. 20.

21. 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. 1371-94, s. 21.

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

O.C. 1371-94, s. 22.

23. Should an arbitrator die or be unable to act, the other arbitrators shall see the matter through, provided that they represent an absolute majority of the council of arbitration, and their decision is valid.

In the case 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. 1371-94, s. 23.

§ 4 . — Arbitration award

24. The council of arbitration shall issue its award within 60 days of the end of the hearing.

O.C. 1371-94, s. 24.

25. The award shall be a majority award of the members of the council; in default of a majority, the decision shall be taken by the chair.

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. 1371-94, s. 25.

26. 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. 1371-94, s. 26.

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

O.C. 1371-94, s. 27.

28. In its award, the council of arbitration may decide on 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 an agreement is reached by the parties before the council’s decision is rendered, the council may nonetheless decide on the arbitration expenses in accordance with this section.

O.C. 1371-94, s. 28.

29. 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. 1371-94, s. 29.

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

It shall also send the complete arbitration file, true copies of which may be given only to the parties, their advocates and the syndic.

O.C. 1371-94, s. 30.

DIVISION III TRANSITIONAL AND FINAL

31. This Regulation replaces the Regulation respecting the procedure for conciliation and arbitration of accounts of town planners (R.R.Q., 1981, c. C-26, r. 197).

O.C. 1371-94, s. 31.

32. (Omitted).

O.C. 1371-94, s. 32.

SCHEDULE I

(s. 8)

APPLICATION FOR ARBITRATION OF AN ACCOUNT

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

(1) __________(name of town planner)__________ 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 town planners (chapter C-26, r. 308).

(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 town planner)__________ the amount of the arbitration award.

________________________________________________________

Signature

O.C. 1371-94, Sch I.

SCHEDULE II

(s. 17)

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 received by me __________(name and position, profession or capacity)__________ at __________(municipality)__________ on __________(date)__________

________________________________________________________

Signature

O.C. 1371-94, Sch. II.

REFERENCES

O.C. 1371-94, 1994 G.O. 2, 4159

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