i-10, r. 11 - Regulation respecting the procedure of the professional inspection committee of forest engineers

À jour au 1^er janvier 2016

Ce document a valeur officielle.

chapter I-10, r. 11

Regulation respecting the procedure of the professional inspection committee of forest engineers

Forest Engineers Act

(chapter I-10, s. 4).

Professional Code

(chapter C-26, s. 90).

DIVISION I DEFINITIONS AND INTERPRETATION

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

(a)  “committee” means the professional inspection committee;

(b)  “Order” means the Ordre des ingénieurs forestiers du Québec;

(c)  “records” means the records, books and registers relating to the practice of the profession by a forest engineer and including:

i.  among the records, books and registers of his employer or colleagues, the documents in which he has in fact collaborated; and

ii.  any property that has been entrusted to him by a client;

(d)  “investigator” means the professional inspection committee, one of its members or any person appointed by the board of directors of the Order to assist the committee in the course of its duties.

R.R.Q., 1981, c. I-10, r. 9, s. 1.01; O.C. 729-86, s. 1.

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

R.R.Q., 1981, c. I-10, r. 9, s. 1.02.

1.03. A professional inspection shall pertain in particular to the records relating to the practice of the member’s profession.

O.C. 1623-90, s. 1.

DIVISION II THE COMMITTEE

2.01. The Committee shall be composed of 5 members appointed by the board of directors from among forest engineers entered on the roll of the Order for at least 10 years.

R.R.Q., 1981, c. I-10, r. 9, s. 2.01; O.C. 729-86, s. 2.

2.02. The quorum of the committee shall be 3 members and it shall hold its sittings on the dates and at the places determined by it or by its chair.

R.R.Q., 1981, c. I-10, r. 9, s. 2.02.

2.03. The secretary of the Order shall act as secretary of the committee.

R.R.Q., 1981, c. I-10, r. 9, s. 2.03; O.C. 729-86, s. 3.

2.04. The office of the committee is situated at the head office of the Order. All the minutes, reports and other documents of the committee are kept at the said office.

R.R.Q., 1981, c. I-10, r. 9, s. 2.04.

DIVISION III DRAWING UP OF A PROFESSIONAL RECORD

3.01. As its activities progress, the committee shall draw up and keep up-to-date a professional record for each forest engineer who is the object of an inspection under this Regulation.

R.R.Q., 1981, c. I-10, r. 9, s. 3.01.

3.02. The professional record contains a summary of the forest engineer’s academic qualifications and experience as well as all the records pertaining to the inspection of which he is the object under this Regulation.

R.R.Q., 1981, c. I-10, r. 9, s. 3.02.

3.03. A forest engineer is entitled to consult his record and to obtain a copy thereof.

R.R.Q., 1981, c. I-10, r. 9, s. 3.03.

DIVISION IV GENERAL SUPERVISION OF THE PRACTICE OF THE PROFESSION

4.01. The committee shall supervise the practice of the profession by the forest engineers according to the program established by it.

R.R.Q., 1981, c. I-10, r. 9, s. 4.01.

4.02. The committee shall publish a summary of the general supervision program, as approved by the board of directors, in the bulletin of the Order each year.

R.R.Q., 1981, c. I-10, r. 9, s. 4.02; O.C. 729-86, s. 4.

4.03. At least 15 days before the date fixed for the inspection of a forest engineer’s records by an investigator, the committee shall, through its secretary, send a notice in the form prescribed by Schedule A, by registered mail, to the forest engineer in question.

R.R.Q., 1981, c. I-10, r. 9, s. 4.03; O.C. 729-86, s. 4; I.N. 2016-01-01 (NCCP).

4.04. If a forest engineer cannot receive an investigator on the prescribed date, he must, upon receipt of the notice, notify the secretary of the committee and decide on another date with him.

R.R.Q., 1981, c. I-10, r. 9, s. 4.04.

4.05. When an investigator ascertains that the forest engineer was unable to take cognizance of the notice referred to in section 4.03, he shall so inform the committee which shall fix a new date for the verification and notify the forest engineer thereof.

R.R.Q., 1981, c. I-10, r. 9, s. 4.05.

4.06. An investigator must, if so required to do, submit a certificate attesting to his qualifications, signed by the secretary of the committee.

R.R.Q., 1981, c. I-10, r. 9, s. 4.06.

4.07. The forest engineer whose records are the object of verification may be present or be represented by a mandatary.

R.R.Q., 1981, c. I-10, r. 9, s. 4.07.

4.08. If he has reason to believe that the committee should subject a forest engineer to special inquiry, the investigator shall draw up a verification report and forward it to the committee for study within 15 days following his verification.

R.R.Q., 1981, c. I-10, r. 9, s. 4.08.

DIVISION V SPECIAL INQUIRY INTO THE COMPETENCE OF A FOREST ENGINEER

5.01. At the request of the board of directors or on its own initiative, the committee or one of its members shall make a special inquiry into the competence of a forest engineer, or designate an investigator for such purpose.

R.R.Q., 1981, c. I-10, r. 9, s. 5.01.

5.02. (1)  At least 5 clear days before the date of a special inquiry, the committee shall, through its secretary, send a notice in the form prescribed by Schedule B, by registered mail, to the forest engineer in question.

(2)  Notwithstanding subsection 1, where the sending of a notice to the forest engineer could jeopardize the objects for which a special inquiry is to be held, the committee may authorize an investigator to make such inquiry without such notice.

R.R.Q., 1981, c. I-10, r. 9, s. 5.02; O.C. 729-86, s. 5; I.N. 2016-01-01 (NCCP).

5.03. An investigator may give the employer, representative or employee of a forest engineer notice of the order to allow him access to the records of that forest engineer.

R.R.Q., 1981, c. I-10, r. 9, s. 5.03.

5.04. Where records are held by a third party, the forest engineer must, at the investigator’s request, authorize the latter to take cognizance or a copy thereof.

R.R.Q., 1981, c. I-10, r. 9, s. 5.04.

5.05. An investigator may request that a person who makes a declaration to him relative to an inquiry attest such declaration under oath.

R.R.Q., 1981, c. I-10, r. 9, s. 5.05.

5.06. If the forest engineer refuses to receive an investigator, the latter shall immediately notify the syndic.

R.R.Q., 1981, c. I-10, r. 9, s. 5.06.

5.07. The investigator shall draw up a report and forward it to the committee for study within 30 days after termination of his inquiry.

R.R.Q., 1981, c. I-10, r. 9, s. 5.07.

5.08. Sections 4.06 and 4.07 shall apply, with the necessary modifications, to an inquiry held under this Division.

R.R.Q., 1981, c. I-10, r. 9, s. 5.08.

DIVISION VI RECOMMENDATIONS OF THE COMMITTEE

6.01. Where the committee, after study of an investigator’s report, has reason to believe that it is not expedient to recommend that the board of directors require a forest engineer to serve a period of refresher training or take an upgrading course or both, or that the board of directors limit or suspend the right of that professional to practice his professional activities during the period of refresher training, during the upgrading course or during both, it shall notify the board of directors and the forest engineer in question within 15 days following its decision.

R.R.Q., 1981, c. I-10, r. 9, s. 6.01; O.C. 1623-90, s. 2.

6.02. Where the committee, after study of an investigator’s report, has reason to believe that it is expedient to recommend that the board of directors require a forest engineer to serve a period of refresher training or take an upgrading course or both, or that the board of directors limit or suspend the right of that professional to practise his professional activities during the period of refresher training, during the upgrading course or during both, it shall notify the board of directors and must permit the forest engineer in question to be heard.

R.R.Q., 1981, c. I-10, r. 9, s. 6.02; O.C. 1623-90, s. 3.

6.03. For such purpose, the committee shall summon the forest engineer and shall send him the following particulars and documents by registered mail 15 days before the date fixed for the hearing:

(a)  a notice specifying the date and hour of the hearing;

(b)  a statement of the facts and reasons for convening him before the committee; and

(c)  a copy of the report made by the investigator concerning him.

R.R.Q., 1981, c. I-10, r. 9, s. 6.03; O.C. 729-86, s. 6; I.N. 2016-01-01 (NCCP).

6.04. A forest engineer or witness summoned before the committee may be assisted by an advocate.

R.R.Q., 1981, c. I-10, r. 9, s. 6.04.

6.05. The committee shall receive the oath of the forest engineer and the witnesses through the intermediary of a commissioner for oaths.

R.R.Q., 1981, c. I-10, r. 9, s. 6.05.

6.06. The hearing shall be held in private unless the committee, at the request of the forest engineer, considers that it is in the public interest that it not be held in this manner.

R.R.Q., 1981, c. I-10, r. 9, s. 6.06.

6.07. The committee may proceed by default if the forest engineer does not appear on the date and at the hour prescribed.

R.R.Q., 1981, c. I-10, r. 9, s. 6.07.

6.08. The depositions shall be recorded at the request of the forest engineer or of the committee.

R.R.Q., 1981, c. I-10, r. 9, s. 6.08.

6.09. (1)  The committee and the forest engineer shall pay their own costs, with the exception of recording expenses which shall be shared equally between them.

(2)  Notwithstanding subsection 1, where the recording of depositions is made at the request of the committee, the latter shall assume the expenses thereof.

R.R.Q., 1981, c. I-10, r. 9, s. 6.09.

6.10. In its recommendations concerning a forest engineer, the committee shall take into account the type of professional activities in which the forest engineer is generally engaged.

R.R.Q., 1981, c. I-10, r. 9, s. 6.10.

6.11. The recommendations of the committee are made by the majority of its members within 90 days after the end of the hearing. The reasons shall be given on which they are based, signed by the members of the committee who concurred in them and forwarded to the board of directors and the forest engineer in question without delay.

R.R.Q., 1981, c. I-10, r. 9, s. 6.11.

6.12. The committee may also make recommendations to the board of directors on the continuing refresher training periods organized by the Order for its members.

R.R.Q., 1981, c. I-10, r. 9, s. 6.12.

6.13. When the committee has reason to believe that a complaint within the meaning of section 116 of the Professional Code (chapter C-26), might be laid against a forest engineer, it shall notify the syndic of the Order.

R.R.Q., 1981, c. I-10, r. 9, s. 6.13.

DIVISION VII DECISION OF THE BOARD OF DIRECTORS

7.01. The board of directors shall study the recommendations of the committee at the first meeting held following their receipt; it shall take the decision it considers appropriate and notify the forest engineer and the committee as soon as possible.

R.R.Q., 1981, c. I-10, r. 9, s. 7.01.

7.02. The decision shall be final and the forest engineer is bound to comply therewith.

R.R.Q., 1981, c. I-10, r. 9, s. 7.02.

SCHEDULE A

(s. 4.03)

ORDRE DES INGÉNIEURS FORESTIERS DU QUÉBEC

PROFESSIONAL INSPECTION COMMITTEE

Notice of verification

Notice is given that, within the framework of the programme for general supervision of the practice of the profession, an investigator from our committee will verify your records, books and registers on ______________ 20__________ at __________o’clock.

Signed at ______________________________________

on ______________________________ 20__________

The professional inspection committee,

Per: _______________________________________________________________________________________

Secretary of the committee

R.R.Q., 1981, c. I-10, r. 9, Sch. A.

SCHEDULE B

(s. 5.02)

ORDRE DES INGÉNIEURS FORESTIERS DU QUÉBEC

PROFESSIONAL INSPECTION COMMITTEE

Notice of special inquiry

Notice is given that, at the request of the board of directors (or on its own initiative), the committee has designated an investigator to make a special inquiry into your professional competence on ______________ 20__________ at __________o’clock.

Signed at ______________________________________

on ______________________________ 20__________

The professional inspection committee,

Per: _______________________________________________________________________________________

Secretary of the committee

R.R.Q., 1981, c. I-10, r. 9, Sch. B.

REFERENCES

R.R.Q., 1981, c. I-10, r. 9

O.C. 729-86, 1986 G.O. 2, 1036

O.C. 1623-90, 1990 G.O. 2, 2907

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