d-3, r. 12 - Regulation respecting the procedure for conciliation and arbitration of accounts of dentists

À jour au 1^er janvier 2016

Ce document a valeur officielle.

chapter D-3, r. 12

Regulation respecting the procedure for conciliation and arbitration of accounts of dentists

Dental Act

(chapter D-3, s. 3).

Professional Code

(chapter C-26, s. 88).

DIVISION I DEFINITIONS AND INTERPRETATION

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

(a)  “Order” means the Ordre des dentistes du Québec;

(b)  “secretary” means the member of the Order designated by the board of directors;

(c)  “dentist” means every member of the Order;

(d)  “council” means the council for the arbitration of accounts constituted under Division III;

(e)  “syndic” means the syndic, assistant syndic or one of the corresponding syndics of the Order;

(f)  “patient” means every person who has received or who receives the professional services of a dentist;

(g)  “board of directors” means the board of directors or its delegate.

R.R.Q., 1981, c. D-3, r. 10, s. 1.01.

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

R.R.Q., 1981, c. D-3, r. 10, s. 1.02.

DIVISION II CONCILIATION

2.01. The syndic shall send a copy of this Regulation to any person who so requests and to any person who requests information respecting the fees claimed by the dentist.

R.R.Q., 1981, c. D-3, r. 10, s. 2.01.

2.02. A patient who has a dispute with a dentist with respect to the amount of an account for professional services must, before seeking arbitration, apply for conciliation by the syndic.

The application for conciliation may be made by sending the form in Schedule 1 duly completed to the Order. A patient is, however, deemed to have applied for conciliation when he sends an explanatory letter to the Order in which he contests a part of or the entire amount of the fees claimed from him by the dentist.

R.R.Q., 1981, c. D-3, r. 10, s. 2.02.

2.03. The application for conciliation must be sent before the day on which an action for a claim concerning the account contested is served by the dentist on the patient.

R.R.Q., 1981, c. D-3, r. 10, s. 2.03.

2.04. Within 5 days from the date on which he receives the application for conciliation, the syndic shall send the dentist a copy of such application by registered mail and send the patient an acknowledgment indicating the date of receipt of such application for conciliation.

R.R.Q., 1981, c. D-3, r. 10, s. 2.04; I.N. 2016-01-01 (NCCP).

2.05. The syndic shall proceed with the conciliation in the manner he considers most appropriate. He must, however, take the necessary measures to make sure he knows the reasons for the contestation of the amount of the fees by the patient and communicate those reasons to the dentist.

R.R.Q., 1981, c. D-3, r. 10, s. 2.05.

2.06. The syndic shall send a report, stating the reasons on which it is based, of his conciliation with a copy of this Regulation to both parties within 30 days from the date of receipt of the application for conciliation.

R.R.Q., 1981, c. D-3, r. 10, s. 2.06.

2.07. Where the conciliation does not result in an agreement between the parties, the patient may, within 15 days from the date of receipt of the syndic’s report, have recourse to arbitration in accordance with Division III.

R.R.Q., 1981, c. D-3, r. 10, s. 2.07.

DIVISION III ARBITRATION

§ 1 . — Submission to arbitration

3.01.01. A patient applies for arbitration by filing with the secretary 2 copies of a “submission to arbitration” drafted in the form prescribed in Schedule 2, duly completed and bearing his signature.

R.R.Q., 1981, c. D-3, r. 10, s. 3.01.01.

3.01.02. Within 5 days from the receipt of the application for arbitration, the secretary shall send to the dentist, by registered mail, a copy of the submission to arbitration signed by the patient.

R.R.Q., 1981, c. D-3, r. 10, s. 3.01.02; I.N. 2016-01-01 (NCCP).

3.01.03. Within 10 days from the receipt of such copy, the dentist must sign it and return it to the secretary.

R.R.Q., 1981, c. D-3, r. 10, s. 3.01.03.

§ 2 . — Formation of council

3.02.01. To rule on any disagreement submitted for arbitration, the board of directors forms an arbitration council composed of 3 members of the board of directors and 4 substitutes, and designates a chair and an acting chair from among them. The board of directors also appoints a clerk to assist the council in its functions.

R.R.Q., 1981, c. D-3, r. 10, s. 3.02.01.

3.02.02. The clerk notifies the parties of the formation of the council.

R.R.Q., 1981, c. D-3, r. 10, s. 3.02.02.

3.02.03. An application for recusation on the part of any of the parties of the arbitrator shall only be made for one of the causes set forth in article 202 of the Code of Civil Procedure (chapter C-25.01) and must be communicated in writing to the clerk, the arbitrator and the other party within 10 days from the day on which the party who invokes it becomes aware of the cause for recusation.

The chair of the Order shall decide the application for recusation and, where applicable, shall designate a new arbitrator chosen from among the substitutes appointed by the board of directors.

R.R.Q., 1981, c. D-3, r. 10, s. 3.02.03; I.N. 2016-01-01 (NCCP).

3.02.04. Before acting, the arbitrators must take the oath of discretion provided in Schedule II to the Professional Code (chapter C-26).

R.R.Q., 1981, c. D-3, r. 10, s. 3.02.04.

3.02.05. In the case of the inability to act of one of the arbitrators, a substitute shall be appointed by the chair of the Order.

R.R.Q., 1981, c. D-3, r. 10, s. 3.02.05.

§ 3 . — Hearing

3.03.01. The chair of the council shall fix the date, hour and place of the hearing. The clerk shall notify the arbitrators and the parties thereof, by registered mail, at least 10 days prior to that date.

R.R.Q., 1981, c. D-3, r. 10, s. 3.03.01; I.N. 2016-01-01 (NCCP).

3.03.02. The council may ask each party to submit, within a given time limit, a statement of his pretensions with documents in support thereof.

R.R.Q., 1981, c. D-3, r. 10, s. 3.03.02.

3.03.03. The council shall convene the parties, hear them, receive their evidence or, if they offer none, record their default.

R.R.Q., 1981, c. D-3, r. 10, s. 3.03.03.

3.03.04. The council shall proceed to the hearing of the dispute in accordance with the procedure and mode of evidence it considers appropriate.

R.R.Q., 1981, c. D-3, r. 10, s. 3.03.04.

3.03.05. The evidence shall not be recorded unless the council or one of the parties so requests. Whoever makes the request shall assume the cost thereof.

R.R.Q., 1981, c. D-3, r. 10, s. 3.03.05.

3.03.06. The clerk shall draw up the minutes of the hearing and have them signed by the arbitrators.

R.R.Q., 1981, c. D-3, r. 10, s. 3.03.06.

3.03.07. Articles 645 to 647 of the Code of Civil Procedure (chapter C-25.01) apply, with the necessary modifications, to the arbitration held pursuant to this Regulation.

R.R.Q., 1981, c. D-3, r. 10, s. 3.03.07; I.N. 2016-01-01 (NCCP).

§ 4 . — Arbitration award

3.04.01. The council must render its decision within 30 days following the end of the hearing, unless the parties agree in writing to extend that time.

R.R.Q., 1981, c. D-3, r. 10, s. 3.04.01.

3.04.02. The council decides as amiable compositeur and renders the decision it considers most appropriate.

R.R.Q., 1981, c. D-3, r. 10, s. 3.04.02.

3.04.03. The decision is rendered by the majority of the members of the council; in default of a majority, the decision is rendered by the chair.

The reasons for the decision must be given and the decision must be signed by the arbitrators who endorsed it. If an arbitrator refuses to sign it, the others must make mention thereof and the decision shall be as valid as if it had been signed by all of them.

The clerk shall communicate the decision to the parties without delay.

R.R.Q., 1981, c. D-3, r. 10, s. 3.04.03.

3.04.04. The amount of the arbitration fees shall be, for each party, 15% of the total amount which is the subject of the arbitration as set forth in section 4 of the submission to arbitration, but comprising a minimum amount of $15 for each party.

Where an agreement is reached between the parties before the decision of the council is rendered, the latter shall nevertheless adjudge on the arbitration fees in accordance with this section.

R.R.Q., 1981, c. D-3, r. 10, s. 3.04.04.

3.04.05. The decision of the council is final.

R.R.Q., 1981, c. D-3, r. 10, s. 3.04.05.

3.04.06. The complete record of arbitration is filed with the secretary who, unless explicitly authorized by the parties, shall issue a copy thereof in whole or in part only to the latter, their attorneys, the syndic and members of the board of directors.

R.R.Q., 1981, c. D-3, r. 10, s. 3.04.06.

SCHEDULE 1

(s. 2.02)

ORDRE DES DENTISTES DU QUÉBEC

Application for conciliation

I, the undersigned ___________(name and address)___________ in person or (where applicable) representing _________________________________ for the purposes of this application, as attested by the authorization annexed hereto, declare that:

(1) Doctor ___________(name of dentist)___________ claims from me the sum of $___________ for professional services rendered between _________________________________ and _________________________________ as attested by the account a copy of which is annexed hereto;

(2) I refuse to pay this account for the following reason(s):

---

---

---

but (where applicable) I acknowledge that I owe the sum of $___________ for the professional services referred to in such account;

(3) I apply for conciliation by the syndic pursuant to Division II of the Regulation respecting the procedure for conciliation and arbitration of accounts of dentists (chapter D-3, r. 12), of which I declare having received a copy and taken cognizance.

---

signature of patient or his duly authorized representative

R.R.Q., 1981, c. D-3, r. 10, Sch. 1.

SCHEDULE 2

(s. 3.01.01)

ORDRE DES DENTISTES DU QUÉBEC

Submission to arbitration

Entered into by:

---

name and address

in person or (where applicable) representing __________ for the purposes of this submission, as attested by the authorization annexed hereto, hereinafter referred to as “the party of the first part”, and

---

name and address

member of the Ordre des dentistes du Québec, hereinafter referred to as “the party of the second part”, who make the following declarations and agreements:

(1) The party of the second part claims from the party of the first part the sum of $__________ for professional services rendered between ______________________________ and ______________________________ as attested by the account a copy of which is annexed hereto;

(2) The party of the first part refuses to pay this account for the following reason(s):

---

---

---

but (where applicable) the party of the first part acknowledges that he owes the sum of $__________ for the professional services referred to in such account;

(3) The party of the first part renounces the benefit of any time elapsed with respect to prescription;

(4) The dispute between the parties bears on the entire account or (where applicable) on that part of the account which exceeds that which the party of the first part acknowledges to owe to the party of the second part, namely, the sum of $__________;

(5) The dispute between the parties will be settled by arbitration held in accordance with Division III of the Regulation respecting the procedure for conciliation and arbitration of accounts of dentists (chapter D-3, r. 12), of which the parties declare having received a copy and taken cognizance;

(6) The party of the second part undertakes for the duration of the arbitration, not to claim before the civil courts that part of the account which is the object of the dispute;

(7) The arbitration award is binding upon the parties and the rules set forth in Title II of Book VII of the Code of Civil Procedure (chapter C-25.01) apply to its enforcement;

(8) This submission may be annulled only with the written consent of the parties.

________________________________________ ________________________________________

signature of patient or his signature of dentist

duly authorized representative

Signed at ________________________________ Signed at ________________________________

the_________________________ 20__________ the__________________________ 20__________

R.R.Q., 1981, c. D-3, r. 10, Sch. 2; I.N. 2016-01-01 (NCCP).

REFERENCES

R.R.Q., 1981, c. D-3, r. 10

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