I-10, r. 4 - Regulation respecting the cessation of practice of a member of the Ordre professionnel des ingénieurs forestiers du Québec

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter I-10, r. 4

Regulation respecting the cessation of practice of a member of the Ordre professionnel des ingénieurs forestiers du Québec

Forest Engineers Act

(chapter I-10, s. 4).

Professional Code

(chapter C-26, s. 91).

R.R.Q., 1981, c. I-10, r. 5; O.C. 1148-93, s. 1.

DIVISION I GENERAL PROVISIONS

1.01. This Regulation is made under section 91 of the Professional Code (chapter C-26).

R.R.Q., 1981, c. I-10, r. 5, s. 1.01.

1.02. In this Regulation, unless the context indicates otherwise,

(a)  “secretary” means the secretary of the Ordre des ingénieurs forestiers du Québec;

(b)  “records” means the records, books and registers which a forest engineer must keep in the practice of his profession;

(c)  “transferee” means the forest engineer to whom a forest engineer’s records are transferred upon a permanent cessation of practice;

(d)  “provisional custodian” means the forest engineer to whom a forest engineer’s records are entrusted during a temporary cessation of practice.

R.R.Q., 1981, c. I-10, r. 5, s. 1.02.

1.03. The Interpretation Act (chapter I-16) applies to this Regulation.

R.R.Q., 1981, c. I-10, r. 5, s. 1.03.

1.04. Nothing in this Regulation must be interpreted as excluding the use of data processing or any other technical means for the preservation of records.

R.R.Q., 1981, c. I-10, r. 5, s. 1.04.

1.05. In the case of a forest engineer who is a member or an employee of a partnership of forest engineers or an employee of a natural or legal person, this Regulation shall not apply to the records of such partnership or employer which the forest engineer uses in the practice of his profession. This Regulation shall apply, however, when all the members of a partnership of forest engineers cease to practise.

R.R.Q., 1981, c. I-10, r. 5, s. 1.05.

1.06. An agreement respecting the transfer or provisional custody of the records of a forest engineer who ceases to practise must be certified in writing and forwarded to the secretary.

R.R.Q., 1981, c. I-10, r. 5, s. 1.06.

1.07. For the purposes of this Regulation, the board of directors may appoint a provisional custodian for the records of a forest engineer, where the urgency of the situation so requires.

O.C. 1148-93, s. 2.

DIVISION II PERMANENT CESSATION OF PRACTICE

2.01. Subject to sections 2.02 and 2.03, when a forest engineer permanently ceases to practise his profession he must, not later than 15 days before the date fixed for the cessation of his practice:

(a)  if he has found a transferee, notify the secretary by registered or certified mail that he will cease to practise his profession effective from such date and give him the name, address and telephone number of the said transferee; or

(b)  if he is unable to find a transferee, inform the secretary thereof by registered or certified mail and advise him that he will give him custody of his records on the date fixed for the cessation of practice.

R.R.Q., 1981, c. I-10, r. 5, s. 2.01.

2.02. When a forest engineer permanently ceases to practise his profession, he must, within 30 days of the date fixed for the cessation of practice, notify the secretary by registered mail of the date of cessation, of the name, address and telephone number of the member who has agreed to be the transferee of his records, and forward to the secretary a copy of the cessation agreement.

If a transferee has not been found upon the expiry of that period, the records of the forest engineer who is struck off or whose licence is revoked shall be entrusted to the secretary.

R.R.Q., 1981, c. I-10, r. 5, s. 2.02; O.C. 1148-93, s. 3.

2.03. Upon the death of a forest engineer or where he is permanently struck off the roll or where his permit is revoked, the secretary must take possession of the items referred to in paragraph b of section 1.02 within 15 days following the event, except where the forest engineer had entered into an agreement for a transfer, in which case he must forward a copy of that agreement within the same time. Where a transfer has been agreed upon and may not be carried out, the secretary must take possession of the items referred to in paragraph b of section 1.02.

R.R.Q., 1981, c. I-10, r. 5, s. 2.03; O.C. 1148-93, s. 3.

2.04. The transferee or the secretary, as the case may be, must, within 30 days following the date on which he takes possession of the records of a forest engineer who has permanently ceased to practise:

(a)  notify, in writing, the clients of the said forest engineer:

i.  of the fact that he is in possession of the latter’s records;

ii.  of his address, telephone number and office hours; and

iii.  of their right to consult another forest engineer;

(b)  cause to be published twice, at 10 days interval, in at least one French language daily newspaper and, where applicable, in at least one English language daily newspaper circulated in the region where such forest engineer practised his profession, an advertisement indicating his address, telephone number and office hours and notifying the public that he has possession of the said forest engineer’s records.

The transferee must forward to the secretary a copy of the advertisement contemplated in subparagraph b of the first paragraph.

R.R.Q., 1981, c. I-10, r. 5, s. 2.04.

2.05. The transferee or the secretary, as the case may be, must respect the right of a person to take cognizance of the documents, which concern him in any record made in his respect and to obtain copies of such documents. The expenses for the obtainment of such copies shall be paid by the person requesting them.

R.R.Q., 1981, c. I-10, r. 5, s. 2.05.

2.06. When the secretary has custody of the records of a forest engineer who has permanently ceased to practise his profession, he may, at any time, after consulting the said forest engineer, entrust such records to a transferee.

R.R.Q., 1981, c. I-10, r. 5, s. 2.06.

2.07. While he has custody of the records of a forest engineer who has permanently ceased to practise his profession, the secretary must take the necessary preservation measures in order to safeguard the interests of the said forest engineer’s clients.

R.R.Q., 1981, c. I-10, r. 5, s. 2.07.

2.08. Subject to section 2.06, the secretary must keep the records he has received under this Division for a period of not less than 5 years.

R.R.Q., 1981, c. I-10, r. 5, s. 2.08.

DIVISION III TEMPORARY CESSATION OF PRACTICE

3.01. Subject to section 3.02, when a forest engineer temporarily ceases to practise his profession, he must, not later than 15 days before the date fixed for the cessation of practice:

(a)  if he has found a provisional custodian, notify the secretary by registered or certified mail that he is temporarily ceasing to practise his profession effective from such date, informing him of the date on which he intends to resume practising his profession together with the name, address and telephone number of the provisional custodian; or

(b)  if he has not found a provisional custodian, inform the secretary thereof by registered or certified mail and notify him that he will give custody of his records to him on the date fixed for the cessation of practice.

R.R.Q., 1981, c. I-10, r. 5, s. 3.01.

3.02. When a forest engineer is temporarily struck off the roll or is under a permit suspension, the secretary must see to it that the forest engineer finds a provisional custodian within 15 days of the occurrence of either event.

When a provisional custodian could not be found upon the expiry of the said period, custody of the records of the forest engineer who is struck off or whose right to practise is suspended must be entrusted to the secretary.

R.R.Q., 1981, c. I-10, r. 5, s. 3.02; O.C. 1148-93, s. 4.

3.03. The provisional custodian must communicate to the clients of the forest engineer whose records he has custody of, the pertinent information respecting the progress of their record, keep these records up to date, and take the other necessary preservation measures in order to safeguard the interests of the said forest engineer’s clients.

R.R.Q., 1981, c. I-10, r. 5, s. 3.03.

3.04. Section 2.04 applies, with the necessary modifications, to this Division except in the case where a forest engineer ceases to practise as a result of a temporary striking off lasting less than 6 months.

R.R.Q., 1981, c. I-10, r. 5, s. 3.04.

3.05. Sections 2.05 to 2.07 apply, with the necessary modifications, to this Division.

R.R.Q., 1981, c. I-10, r. 5, s. 3.05.

3.06. The secretary or the provisional custodian, as the case may be, must return his records to the forest engineer immediately upon termination of the period of temporary cessation of practice.

R.R.Q., 1981, c. I-10, r. 5, s. 3.06.

3.07. A forest engineer who no longer wishes to resume the practice of his profession during or after the expiry of the period in which he has temporarily ceased to practise must comply with Division II.

R.R.Q., 1981, c. I-10, r. 5, s. 3.07.

DIVISION IV RESTRICTION OF THE RIGHT TO PRACTISE

O.C. 1148-93, s. 5.

4.01. When a decision is made against a forest engineer restricting his right to practise and determining which professional acts he is not authorized to perform, the forest engineer must find a provisional custodian within 15 days of the taking effect of the restriction for the items referred to in paragraph b of section 1.02 relating to the professional acts he is not authorized to perform.

When the forest engineer is unable to arrange for provisional custody within that time, the provisional custodian appointed for that purpose by the board of directors or the secretary must take possession of the items referred to in paragraph b of section 1.02 relating to the professional acts that the member is not authorized to perform.

O.C. 1148-93, s. 5.

4.02. Sections 3.01 to 3.07 apply, with the necessary modifications, to a forest engineer whose right to practise is restricted.

O.C. 1148-93, s. 5.

REFERENCES

R.R.Q., 1981, c. I-10, r. 5

O.C. 1148-93, 1993 G.O. 2, 4910

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