R-0.2, r. 2 - Regulation respecting criteria and procedures for selecting persons fit for the post of coroner

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter R-0.2, r. 2

Regulation respecting criteria and procedures for selecting persons fit for the post of coroner

Act respecting the determination of the causes and circumstances of death

(chapter R-2, s. 163).

DIVISION I SCOPE

1. This Regulation applies where it is expedient to fill a position of permanent coroner, part-time coroner or assistant coroner.

It applies in addition where the Chief Coroner decides to draw up a list of persons fit for the post of coroner.

O.C. 2110-85, s. 1.

2. The Minister responsible for administering the Act respecting the determination of the causes and circumstances of death (chapter R-0.2) shall appoint a coordinator to administer this Regulation.

O.C. 2110-85, s. 2.

DIVISION II NOTICE OF SELECTION COMPETITION

3. To fill a position of coroner or to draw up a list of persons fit for the post of coroner, the coordinator, at the request of the Chief Coroner, shall cause to be published in a newspaper circulated in the region where a position is to be filled or in the region where a list of persons fit for the post of coroner is to be drawn up, a notice inviting any interested person to submit his candidacy.

O.C. 2110-85, s. 3.

4. The notice shall include the following items:

(1)  the duties to be carried out;

(2)  the geographical location of the position to be filled or, as the case may be, the fact that the competition is designed to draw up a list of persons fit for such a position;

(3)  the final date for submitting a candidacy;

(4)  the procedure for entry for selection;

(5)  the name of the professional order in which a candidate must have membership and any experience required for submitting his candidacy.

O.C. 2110-85, s. 4.

DIVISION III REGISTRATION FOR THE SELECTION PROCEDURE

5. Application for selection as a permanent coroner may be made by any person having one of the following qualifications:

(1)  membership in the Ordre professionnel des médecins du Québec and not less than 8 years of practice as a physician;

(2)  membership in the Barreau du Québec or the Chambre des notaires du Québec and not less than 8 years of practice at the bar or as a notary.

For the purposes of subparagraph 1, for a year of relevant practice may be substituted a relevant year of specialization for the purpose of obtaining a specialist’s certificate from the Ordre professionnel des médecins du Québec.

For the purposes of subparagraph 2, for a year of relevant practice may be substituted a 30-credit block of relevant studies in addition to those required to become a member of the Barreau du Québec or the Chambre des notaires du Québec.

O.C. 2110-85, s. 5.

6. Application for selection as a part-time coroner may be made by any person having one of the following qualifications:

(1)  membership in the Ordre professionnel des médecins du Québec and not less than 4 years practice as a physician;

(2)  membership in the Barreau du Québec or the Chambre des notaires du Québec and not less than 4 years practice at the bar or as a notary.

For the purposes of subparagraph 1, for a year of relevant practice may be substituted 1 year of relevant specialization for the purpose of obtaining a specialist’s certificate from the Collège des médecins du Québec.

For the purposes of subparagraph 2, for a year of relevant practice may be substituted a 30-credit block of relevant studies in addition to those required to become a member of the Barreau du Québec or the Chambre des notaires du Québec.

The 4 years of practice at the bar or as a notary are not required for selection as part-time coroner in the territory north of the 50th parallel and in the Îles-de-la-Madeleine.

O.C. 2110-85, s. 6.

7. A member of the Ordre des infirmières et infirmiers du Québec who has not less than 5 years practice as a nurse may apply for selection to a position of assistant coroner.

For the purposes of this section, for a year of relevant practice may be substituted a 30-credit block of relevant studies in addition to those required to become a member of the Ordre des infirmières et infirmiers du Québec.

The 5 years of professional practice are not required in the territory north of the 50th parallel and in the Îles-de-la-Madeleine.

O.C. 2110-85, s. 7.

8. A person qualified under section 5, 6 or 7 may apply by sending the coordinator his résumé, including the following particulars:

(1)  his name and the address and telephone number of his office and of his residence;

(2)  his date of birth;

(3)  the year of his admission to the Ordre professionnel des médecins du Québec, the Barreau du Québec, the Chambre des notaires du Québec or the Ordre des infirmières et infirmiers du Québec;

(4)  proof of his entry on the roll of the professional order in question, or the reasons why he is not entered thereon;

(5)  a description of his years of practice and the names of any employers;

(6)  his acceptance that a check may be made in his regard with his professional order and with police authorities.

O.C. 2110-85, s. 8.

9. When the file of a candidate is complete, the coordinator shall send it to the selection committee prescribed by Division IV and so inform the candidate.

O.C. 2110-85, s. 9.

10. Notwithstanding the provisions of this Division, candidacies may be requested by invitation in the territory north of the 50th parallel and in the Îles-de-la-Madeleine or for the purposes of section 8 of the Act respecting the determination of the causes and circumstances of death (chapter R-0.2).

O.C. 2110-85, s. 10.

DIVISION IV SELECTION COMMITTEES

11. A selection committee shall be composed of 3 persons:

(1)  the Chief Coroner or a Deputy Chief Coroner;

(2)  a physician, an advocate or a notary, or a nurse, as the case may be;

(3)  a member who is neither a coroner nor a member of the professional order referred to in the notice of selection.

The Chief Coroner or a Deputy Chief Coroner shall take the chair and the members referred to in subparagraphs 2 and 3 shall be appointed by the Minister.

O.C. 2110-85, s. 11.

12. For the purposes of section 8 of the Act, the Minister may set up a selection committee composed of 3 members appointed by him.

O.C. 2110-85, s. 12.

13. The selection committee shall ascertain the eligibility of candidates and shall determine their fitness for the post of coroner.

O.C. 2110-85, s. 13.

14. The members of the selection committee and the coordinator shall be bound to perform their functions with honesty, impartiality and discretion.

O.C. 2110-85, s. 14.

15. A member of the selection committee shall disqualify himself in regard to a candidate if he is:

(1)  related to the candidate by blood or marriage to the degree of first cousin inclusively;

(2)  a partner, employer or employee of the candidate.

O.C. 2110-85, s. 15.

DIVISION V SELECTION CRITERIA

16. To determine the fitness of a candidate for the post of coroner, the selection committee shall call each eligible candidate to an interview. It shall assess his qualifications for the duties to be carried out.

For that purpose, it shall assess in particular the nature of his experience and certain professional skills such as judgment and decision-making.

O.C. 2110-85, s. 16.

17. The selection committee may evaluate the fitness of candidates for the post of part-time coroner or assistant coroner solely by considering the file of each candidate where the position to be filled or the list to be drawn up refers to judicial districts other than Laval, Longueuil, Montréal and Québec.

O.C. 2110-85, s. 17.

DIVISION VI REPORT OF A SELECTION COMMITTEE

18. The report submitted to the Minister by a selection committee shall list the candidates interviewed or those whose files have been considered and shall indicate which have been deemed fit for the post of coroner.

O.C. 2110-85, s. 18.

19. Any member of the selection committee may register his dissent with regard to all or part of a report submitted to the Minister.

O.C. 2110-85, s. 19.

20. The recommendation of a selection committee regarding the fitness of a person for the post of permanent coroner is valid for 12 months from the date on which the report is submitted to the Minister.

The recommendation of a selection committee regarding the fitness of a person for the post of part-time coroner or assistant coroner is valid for 24 months from the date on which the report is submitted to the Minister.

A candidate may not apply again during the period when a recommendation in his regard is valid.

O.C. 2110-85, s. 20.

21. The coordinator shall inform each candidate in writing of:

(1)  the recommendation of the selection committee in his regard;

(2)  the date the report of the selection committee was submitted to the Minister;

(3)  the date until which the said recommendation will be valid.

O.C. 2110-85, s. 21.

DIVISION VII FINAL

22. (Omitted).

O.C. 2110-85, s. 22.

REFERENCES

O.C. 2110-85, 1985 G.O. 2, 3984