c-25.01, r. 0.7 - Regulation respecting family mediation

À jour au 23 novembre 2023

Ce document a valeur officielle.

chapter C-25.01, r. 0.7

Regulation respecting family mediation

Code of Civil Procedure

(chapter C-25.01, art. 619).

The former alphanumerical designation of this Regulation was: chapter C-25, r. 9.

DIVISION I CONDITIONS FOR CERTIFICATION

1. To be certified, an applicant shall

(1)  be a member of the Barreau du Québec, the Chambre des notaires du Québec, the Ordre professionnel des conseillers et conseillères d’orientation du Québec, the Ordre des psychologues du Québec, the Ordre professionnel des travailleurs sociaux et des thérapeutes conjugaux et familiaux du Québec, or the Ordre professionnel des psychoéducateurs et psychoéducatrices du Québec, or be an employee of an institution operating a child and youth protection centre within the meaning of the Act respecting health services and social services (chapter S-4.2) and, in the latter case, meet the conditions required to be eligible for one of the above-mentioned professional orders;

(2)  have taken a 60-hour basic training course in family mediation in the 5 years preceding the application;

(3)  have 3 years’ experience in one of the fields of competence referred to in paragraph 1; and

(4)  undertake to carry out, within 2 years of certification, 10 family mediation mandates under the supervision of a certified mediator who has carried out 40 family mediation mandates, and to receive, within the same time period, 45 hours of complementary training in family mediation, to be completed after certification.

O.C. 1686-93, s. 1; O.C. 459-96, s. 1; O.C. 499-98, s. 1; O.C. 905-99, s. 1; O.C. 1117-2000, s. 1; O.C. 1032-2012, s. 1.

2. For the purposes of section 1, the basic training shall pertain to each of the following subjects related to separation, divorce or annulment of marriage and include:

(1)  at least 15 hours on the economic, legal and fiscal aspects (particularly the determination of child support and the partition of family patrimony and other patrimonial rights resulting from the marriage or civil union or, for de facto spouses, the settlement of any common property interest. However, the requirement for a mediator whose academic training is in law is 6 hours;

(2)  at least 15 hours on the psychological and psychosocial aspects, including 3 hours to promote awareness regarding living conditions after a break-up. However, the requirement for a mediator whose academic training is in psychology or a psychosocial field is 6 hours;

(3)  at least 24 hours on the mediation process (particularly ethics) and negotiation (particularly obstacles to negotiation and the balance of forces between the parties);

(4)  at least 6 hours to promote awareness regarding domestic violence, particularly spousal abuse.

The complementary training shall deal in greater depth with the same subjects as the basic training course and shall include:

(1)  15 hours on the mediation process and negotiation;

(2)  30 hours on subjects complementary to the applicant’s academic training, that is, on the economic, legal and fiscal aspects if the mediator’s academic training is in psychology or a psychosocial field, or on the psychological or psychosocial aspects if the mediator’s academic training is in law.

O.C. 1686-93, s. 2; O.C. 1117-2000, s. 1.

3. From among the 10 mediation mandates prescribed in paragraph 4 of section 1, 5 must end by an agreement on all issues included in the mediator’s mandate; furthermore, they must give the mediator the opportunity to deal at least twice with each of the 4 following issues: custody of the children, access to the children, the support due to the spouse or children and partition of the family patrimony and of other patrimonial rights resulting from the marriage or civil union or, in the case of de facto spouses, the settlement of any common property interests.

For the purposes of the undertaking prescribed in that paragraph, supervision must be exercised as follows:

(1)  as regards 2 comprehensive mediation mandates (4 issues, including the partition of the family patrimony and of other patrimonial rights resulting from the marriage or civil union), there must be at least 4 supervision sessions during each mandate;

(2)  as regards 3 other mediation mandates, there must be at least 3 supervision sessions during each mandate; and

(3)  as regards the other mediation mandates, there must be at least 1 supervision session during each mandate.

A mediator may not carry out a mediation mandate without being supervised in accordance with this section, until the undertaking requirements have been complied with.

O.C. 1686-93, s. 3; O.C. 905-99, s. 2; O.C. 1117-2000, s. 2.

4. An application for certification must be submitted to the professional order of which the applicant is a member or, if he is employed by an institution operating a child and youth protection centre to fulfil the function of mediator, to the board of directors of that centre.

The application shall mention the name of the mediator who will supervise the first mediation mandate, be accompanied with fees of $65 for its examination and with the required vouchers and be supported by an affidavit.

O.C. 1686-93, s. 4; O.C. 1117-2000, s. 3.

4.1. A certifier shall extend the 2-year period within which the mediator must comply with the conditions of his undertaking, if the mediator applies therefor and demonstrates that he was unable to comply with that undertaking for reasons related, in particular, to illness, an accident, pregnancy, parental leave, absence from Québec or a change of career. The application shall include fees of $65 for its examination and the required vouchers and be supported by an affidavit. An extension shall be granted for a period of time equal to the time in the 2-year period during which the mediator was unable to comply with his undertaking. However, no extension may exceed 2 years.

Whether or not a mediator has prevailed himself of the first paragraph, the certifier shall also extend the 2-year period by one year if the mediator applies therefor to the certifier for the first time, at least 3 months before the expiry of the 2-year period, and claims that he has been unable to carry out the mediation mandates required.

In the latter case, the mediator shall include in his application:

(1)  fees of $65 for its examination;

(2)  an affidavit from the supervisor for the supervised mandates, if any; and

(3)  attestations for the completed complementary training courses.

When applying for the extension provided for in the second and third paragraphs, a mediator may replace his undertaking to carry out 10 family mediation mandates by an undertaking to carry out only 5 mediation mandates and to receive 21 hours of practical training including, in particular, simulation and role-playing exercises on fictitious cases. In such case, the mandates shall meet the conditions provided for in section 3, except for subparagraph 3 of the second paragraph.

O.C. 1117-2000, s. 4.

DIVISION II STANDARDS WITH WHICH A PERSON, BODY OR ASSOCIATION ACTING AS CERTIFIER MUST COMPLY

O.C. 1686-93, Div. II; O.C. 102-2016, s. 1.

5. A certifier shall organize training courses intended for mediators. Notwithstanding the foregoing, the certifier is not required to give them himself.

He shall also organize supervision services for mediators.

O.C. 1686-93, s. 5; O.C. 1117-2000, s. 5.

6. A certifier shall, without delay, forward to the Minister of Justice the name, address, telephone number and professional order membership number or, in the case of an employee of an institution operating a child and youth protection centre, employee number of every mediator he or it certifies or whose undertaking was extended by the certifier or has been completed.

A certifier shall also, without delay, inform the Minister of Justice of any suspension, revocation or cancellation of a mediator’s certification.

O.C. 1686-93, s. 6; O.C. 1117-2000, s. 6.

7. A certifier shall suspend or revoke, as the case may be, the certification of a certified mediator

(1)  who is temporarily or permanently struck off the roll, whose permit is revoked or whose right to carry on mediation activities is suspended, pursuant to the Professional Code (chapter C-26);

(2)  who has been suspended, whose right to carry on mediation activities has been suspended or who has been dismissed by the institution operating a child and youth protection centre, pursuant to the collective agreements in force; or

(3)  who has failed to establish that he has complied with the undertaking given under paragraph 4 of section 1 and, where applicable, under section 4.1 by providing the certifier with a course certificate and an affidavit from his supervisor.

The certifier shall suspend the certification if the penalty is temporary and revoke the certification if the penalty is permanent.

O.C. 1686-93, s. 7; O.C. 1117-2000, s. 7.

8. (Revoked).

O.C. 1686-93, s. 8; O.C. 1117-2000, s. 8.

9. A certifier shall cancel the certification of a mediator as soon as he is informed that the mediator ceases to engage in mediation activities, to be employed by an institution operating a child and youth protection centre or that he is resigning from his professional order.

The cancellation is effective from the date on which the certifier is informed of that cessation or resignation.

O.C. 1686-93, s. 9; O.C. 1117-2000, s. 9.

9.1. Following a revocation, the certifier, upon request by a mediator, shall grant him a new certification in the following cases and on the following conditions:

(1)  if the mediator has complied with his undertaking and if his certification has been cancelled for less than 5 years, a new certification shall be granted to him; the application must include fees of $65 for its examination;

(2)  if the mediator has complied with his undertaking and if his certification has been cancelled for more than 5 years, he shall undertake to take the complementary training again within 1 year and shall include fees of $65 for the examination of his application;

(3)  if the mediator has not complied with his undertaking, he shall, within 2 years, meet the conditions prescribed in section 4.1, with the necessary modifications, provided that not more than 2 years have elapsed since the cancellation; otherwise, he shall submit a new application for certification.

O.C. 1117-2000, s. 10.

DIVISION III TARIFF OF FEES

10. Where the interests of the parties and their children are at stake, the fees payable by the Family Mediation Service for the services provided by one or 2 mediators pursuant to articles 417 to 423 and 605 to 618 of the Code of Civil Procedure (chapter C-25.01), are set on the basis of an hourly rate of $130 for a mediation session and for any work performed outside the sessions in connection with the mediation, such as the drawing up outside the sessions of the summary of the agreements.

The fees are set at $330 per mediator for a group parenting and mediation information session of a duration of more or less 3 hours.

O.C. 1686-93, s. 10; O.C. 1032-2012, s. 2; I.N. 2016-01-01 (NCCP); O.C. 102-2016, s. 3; O.C. 1599-2023, s. 1.

10.1. The Service pays the fees provided for in the first paragraph of section 10 up to a maximum, as the case may be, of 5 hours or 2½ hours of mediation including, where applicable, time spent on work performed outside the sessions in connection with the mediation.

The Service pays those fees up to a maximum of 2½ hours of mediation where the parties were already entitled to payment by the Service of 5 hours or 2½ hours of mediation and again seek mediation to settle another dispute, or the parties have obtained a judgment of separation from bed and board unless, in either case, mediation has been ordered by the court pursuant to articles 420 to 423 of the Code of Civil Procedure (chapter C-25.01). The Service also pays the fees up to a maximum of 2½ hours of mediation where the parties resort to the mediation to modify an agreement or have a judgment rendered on the principal application reviewed.

O.C. 1032-2012, s. 2; I.N. 2016-01-01 (NCCP); O.C. 102-2016, s. 4.

10.2. Where the interests of the parties and their children are at stake, the fees payable by the Service are set at $50, where the mediator’s report states that the parties did not enter into mediation within the allotted time pursuant to article 423 of the Code of Civil Procedure (chapter C-25.01).

O.C. 1032-2012, s. 2; I.N. 2016-01-01 (NCCP); O.C. 102-2016, s. 5.

10.3. Where the interests of the parties and their children are at stake, the fees payable by the parties are set on the basis of

(1)  $130 per hour for a mediation session and for any work performed outside the sessions in connection with the mediation for which the fees are not paid by the Service pursuant to section 10.1; and

(2)  $130 per hour for each session during which the services of an additional mediator are required by the parties, and for any work performed by the mediator outside the sessions in connection with the mediation.

Where the interests of only the parties are at stake, the fees payable by the parties are set on the basis of the hourly rate of $130 for a mediation session conducted by a mediator designated by the Service pursuant to article 422 of the Code of Civil Procedure (chapter C-25.01) and for any work performed by the mediator outside the sessions in connection with the mediation. Those fees are set at $50 where the mediator’s report states that the parties did not enter into mediation within the allotted time pursuant to article 423 of the Code.

O.C. 1032-2012, s. 2; I.N. 2016-01-01 (NCCP); O.C. 102-2016, s. 6; O.C. 1599-2023, s. 2.

10.4. When the interests of only the parties are at stake, they have no common dependent children and the dispute concerns the partition of the family patrimony arising from their community of life, the fees payable by the Family Mediation Service for the services provided by one or 2 mediators pursuant to articles 420 to 423 and 605 to 618 of the Code of Civil Procedure (chapter C-25.01) are set on the basis of an hourly rate of $130 for a mediation session and for any work performed outside the sessions in connection with the mediation, such as the drawing up outside the sessions of the summary of the agreements.

The Service pays the fees provided for in the first paragraph up to a maximum of 3 hours of mediation, including time spent on work performed, where applicable, outside the sessions in connection with the mediation. Those fees are set at $50 where the mediator’s report states that the parties did not enter into mediation within the allotted time pursuant to article 423 of the Code.

The Service does not pay the fees for the modification of an agreement or for having a judgment rendered on the principal application reviewed.

The fees payable by the parties who seek mediation are set at

(1)  $130 per hour for a mediation session and for any work performed outside the sessions in connection with the mediation for which the fees are not paid by the Service pursuant to the second paragraph;

(2)  $130 per hour for each session during which the services of an additional mediator are required by the parties, and for any work performed by the mediator outside the sessions in connection with the mediation.

O.C. 981-2022, s. 1; O.C. 1599-2023, s. 3.

11. Where the adopter and original family members wish to enter into or review an agreement referred to in article 579 of the Civil Code after the order of placement has been granted or whenever a dispute arises on how the agreement is to be applied, the fees payable by the Service, for the services provided by one or 2 mediators pursuant to article 442.1 of the Code of Civil Procedure (chapter C-25.01), are set on the basis of an hourly rate of $130 for a mediation session up to a maximum, as the case may be, of 5 hours or 2½ hours of mediation including, where applicable, time spent on work performed outside the sessions in connection with the mediation.

The Service pays those fees up to a maximum of 2½ hours of mediation where the parties resort to the mediation to review such an agreement or where a dispute occurs regarding its application.

The first paragraph of section 10.3 applies, with the necessary modifications, to the fees payable by the parties.

O.C. 1686-93, s. 11; O.C. 1032-2012, s. 3; O.C. 622-2018, s. 1; O.C. 1599-2023, s. 4.

12. For the purposes of this tariff, where the Code of Civil Procedure (chapter C-25.01) provides that the mediator is to file a report with or send a report to the Service, the report must be accompanied by a bill signed by the parties attesting to the number of hours and mediation services they received, where applicable.

The mediator must file the report referred to in article 617 of the Code of Civil Procedure with the Service not later than 12 months after the last mediation session, whether that session suspends or ends the mediation. Where, however, the mediation is ordered by the court and the parties do not enter into mediation within the allotted time, or the mediation has been entered into but is ended before the dispute is resolved, the mediator must send the report referred to in article 423 of the Code of Civil Procedure to the Service not later than 10 days after the allotted time for entering into the mediation or after the date on which the mediation is ended.

The Service will pay the fees to the mediator only if the documents are filed or sent within the prescribed time.

O.C. 1686-93, s. 12; O.C. 1032-2012, s. 4; I.N. 2016-01-01 (NCCP); O.C. 102-2016, s. 7.

12.1. For the purposes of this tariff, a mediator who gives a group parenting and mediation information session must file a bill with the Service attesting to the session not later than 12 months after the session. The Service will pay the fees to the mediator only if the bill is filed within that time.

O.C. 102-2016, s. 8.

13. (Omitted).

O.C. 1686-93, s. 13.

TRANSITIONAL

2023

(O.C. 1599-2023) SECTION 5. Mediation in progress before the coming into force of this Regulation (2023-11-23) remains governed by the former provisions.

2016

(O.C. 102-2016) SECTION 9. Where the mediation ends or is suspended before 10 March 2016, or is ordered by the court and the time allotted for entering into the mediation expires before that date, or the mediation is ended before the dispute is resolved before that date, the time period set out in section 12, as replaced by section 7 of this Regulation, begins to run as of 10 March 2016.

In addition, where the group parenting and mediation information session is given before 10 March 2016, the time period set out in section 12.1, as inserted by section 8 of this Regulation, begins to run as of that date.

SECTION 10. Fees that were payable by the Service before 10 March 2016 for an information session on the mediation process other than a group session held before 1 January 2016, and for a mediator’s report stating the absence of the parties, or one of the parties, at such an information session that should have been held before that date, or mentioning a statement made by a party before 1 January 2016 that the party could not attend an information session for a valid reason, continue to be payable by the Service in accordance with the provisions of the Regulation as it read on 9 March 2016.

2012

(O.C. 1032-2012) SECTION 5. Mediation in progress before 1 December 2012, including mediation undertaken within 3 months following an information session on the mediation process other than a group session which the parties attended before 1 December 2012, remains governed by the former provisions.

REFERENCES

O.C. 1686-93, 1993 G.O. 2, 6734

S.Q. 1994, c. 40, s. 457

O.C. 459-96, 1996 G.O. 2, 2108

S.Q. 1997, c. 42, ss. 20 to 23

O.C. 499-98, 1998 G.O. 2, 1534

O.C. 905-99, 1999 G.O. 2, 2817

S.Q. 1999, c. 46, s. 19

O.C. 1117-2000, 2000 G.O. 2, 5032

S.Q. 2002, c. 6, s. 108

O.C. 1032-2012, 2012 G.O. 2, 3167

O.C. 102-2016, 2016 G.O. 2, 1163

O.C. 622-2018, 2018 G.O. 2, 2285

O.C. 981-2022, 2022 G.O. 2, 1786

O.C. 1599-2023, 2023 G.O. 2, 2763