m-3, r. 2 - Regulation respecting the committees of the Corporation of Master Electricians of Québec

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter M-3, r. 2

Regulation respecting the committees of the Corporation of Master Electricians of Québec

Master Electricians Act

(chapter M-3, s. 12).

DIVISION I GENERAL

1. The Provincial Council of Administration of the Corporation of Master Electricians of Québec appoints the members of every committee.

O.C. 65-2008, s. 1.

2. A member of the council of the Corporation may not be a member of the committee on discipline, the appeals committee, the qualification committee or the review committee.

O.C. 65-2008, s. 2.

3. Each member of a committee, other than a member of the committee on discipline, the appeals committee, the qualification committee or the review committee, remains in office until replaced or reappointed.

Subject to the first paragraph, at its sitting following the annual meeting, the council must revise the list of members on the committees to make any appointments and changes it considers expedient to make.

The resignation of a committee member must be made by a notice in writing. It takes effect on the date on which the notice is received.

O.C. 65-2008, s. 3.

4. The acts and proceedings of a committee may be reviewed by the council or the executive committee, except those of the nominating and election committee, the complaints examination committee, the committee on discipline, the appeals committee, the qualification committee and the review committee.

O.C. 65-2008, s. 4.

5. The members of the committee on discipline, the appeals committee, the qualification committee and the review committee are appointed by the council for a 3-year term.

Despite the expiry of term, a member of one of those committees may, however, continue to hear a matter under his or her consideration.

The members of the other committees are appointed for a 1-year term.

O.C. 65-2008, s. 5.

6. The executive committee may for cause, including illness or absence, dismiss any member of a committee. Such a dismissal must be approved by the council.

O.C. 65-2008, s. 6.

7. The executive committee fills any vacant seat on a committee. Such an appointment must be approved by the council.

O.C. 65-2008, s. 7.

8. The number of members of a committee may be increased by the executive committee or the council.

O.C. 65-2008, s. 8.

9. The executive vice-president may designate an employee of the Corporation as the coordinator of a committee or as a resource person or secretary for that committee. That person has no decision-making power.

O.C. 65-2008, s. 9.

10. A committee sits when the need arises.

O.C. 65-2008, s. 10.

11. Each committee must record the minutes of its sittings and on request, report on its activities to the executive committee and the council.

O.C. 65-2008, s. 11.

12. A committee has an advisory or a decision-making role.

O.C. 65-2008, s. 12.

13. Each member of a committee must sign the oath of discretion in Schedule I.

A committee member who violates the oath is dismissed from the committee by resolution of the council.

O.C. 65-2008, s. 13.

14. A member of the complaints examination committee is disqualified from sitting and a member of the committee on discipline, the appeals committee, the qualification committee or the review committee is disqualified from sitting and must refrain from taking part in a hearing if

(1)  the member is a relative of an officer of the member mentioned in the complaint by blood or by alliance to the degree of cousin-german;

(2)  there is a mortal enmity between the member and the member mentioned in the complaint;

(3)  the member is a relative by blood or by alliance of the attorney of one of the parties;

(4)  the member is a party to a dispute regarding the issue involved in the complaint; or

(5)  the member has tendered for the project involved in the complaint under investigation.

A ground for disqualification or recusation must be raised at the first opportunity and be dealt with immediately.

O.C. 65-2008, s. 14.

DIVISION II COMMITTEES

15. The committees of the Corporation are

(1)  the nominating and election committee;

(2)  the legislation and regulation committee;

(3)  the committee on the professional development of master electricians and workforce training;

(4)  the audit committee;

(5)  the complaints examination committee;

(6)  the committee on discipline;

(7)  the appeals committee;

(8)  the qualification committee; and

(9)  the review committee.

O.C. 65-2008, s. 15.

§ 1 . — Nominating and election committee

16. The nominating and election committee is composed of 5 members. It is a decision-making committee that performs the functions set out in Division VI of the Regulation respecting the internal management of the Corporation of Master Electricians of Québec (chapter M-3, r. 4).

The decisions of the committee are made by a majority.

O.C. 65-2008, s. 16.

§ 2 . — Legislation and regulation committee

17. The legislation and regulation committee is composed of 9 members. It is an advisory committee that performs the following functions at the request of the executive committee:

(1)  it examines all legislation and regulations relevant to the activities of the Corporation’s members;

(2)  it examines and coordinates every resolution of the council regarding the legislation and regulations relevant to the activities of the Corporation’s members; and

(3)  it makes recommendations to the council on amendments to the Act and the Corporation’s regulations or to any other Act or regulation relevant to the activities of electrical contractors.

O.C. 65-2008, s. 17.

§ 3 . — Committee on the professional development of master electricians and workforce training

18. The committee on the professional development of master electricians and workforce training is composed of 5 members.

It is an advisory committee that performs its mandate of seeing to the development of master electricians under the name “Institute for the development of master electricians”.

It may take part in the preparation of courses to upgrade the skills of master electricians and any training program relating to apprenticeship in the trade of electrician.

O.C. 65-2008, s. 18.

§ 4 . — Audit committee

19. The audit committee is composed of 5 members. Members of the executive committee may not sit on the audit committee, although the treasurer of the Corporation attends its sittings without voting rights.

The audit committee is an advisory committee having the following functions:

(1)  it examines the Corporation’s financial statements;

(2)  it examines the Corporation’s budget before it is submitted by the executive committee to the council and at the Corporation’s annual meeting;

(3)  it examines the financial statements of the sections of the Corporation and makes recommendations concerning them to the section council, the executive committee and the council;

(4)  it verifies the Corporation’s expenditures against administrative authorizations, the budget and the regulations of the Corporation, and makes recommendations and observations to the executive committee and the council concerning any discrepancies noted;

(5)  it ensures the books of the Corporation are audited by independent auditors; and

(6)  it monitors the performance of the Corporation’s investment funds.

The audit committee may submit to the executive committee any observation or recommendation arising out of its functions.

O.C. 65-2008, s. 19.

20. The audit committee may examine any accounting document and any other document pertaining to the financial management of the Corporation.

O.C. 316-2008.

§ 5 . — Complaints examination committee

21. The complaints examination committee is composed of 5 members. It is a decision-making committee and its decisions are made by a majority. The complaints examination committee has the following functions:

(1)  it decides whether a complaint filed with it is admissible;

(2)  it requests any document or information necessary to perform its functions; and

(3)  it requests that the member who is the subject of the complaint be called by the Corporation before the committee on discipline or the qualification committee or that proceedings be instituted by the Corporation pursuant to section 28 of the Act.

O.C. 65-2008, s. 21.

22. A member of the committee on discipline, the appeals committee, the qualification committee or the review committee may not be appointed to the complaints examination committee.

O.C. 65-2008, s. 22.

§ 6 . — Committee on discipline

23. The committee on discipline is composed of 5 members and may sit with 3 or 5 members.

It is a decision-making committee having the functions set out in the Regulation respecting discipline of the members of the Corporation of Master Electricians of Québec (chapter M-3, r. 3).

Its decisions are made by a majority.

O.C. 65-2008, s. 23.

24. A member of the complaints examination committee or the appeals committee may not be appointed to the committee on discipline.

O.C. 65-2008, s. 24.

§ 7 . — Appeals committee

25. The appeals committee is composed of 5 members and may sit with 3 or 5 members.

It is a decision-making committee having the functions set out in the Regulation respecting discipline of the members of the Corporation of Master Electricians of Québec (chapter M-3, r. 3).

Its decisions are made by a majority.

O.C. 65-2008, s. 25.

26. A member of the complaints examination committee or the committee on discipline may not be appointed to the appeals committee.

O.C. 65-2008, s. 26.

§ 8 . — Qualification committee

27. The qualification committee is composed of 5 members and may sit with 3 or 5 members.

It is a decision-making committee that hears any matter submitted to it involving a refusal to issue or renew an electrical contractor’s licence or the suspension or cancellation of a licence, if the Corporation has entered into an agreement pursuant to paragraph 1 of section 9.1 of the Act.

Its decisions are made by a majority.

Sections 8, 12 to 19 and 25 of the Regulation respecting discipline of the members of the Corporation of Master Electricians of Québec (chapter M-3, r. 3) apply to the qualification committee, with the necessary modifications.

O.C. 65-2008, s. 27.

28. A member of the complaints examination committee or the review committee may not be appointed to the qualification committee.

O.C. 65-2008, s. 28.

§ 9 . — Review committee

29. The review committee is composed of 5 members and may sit with 3 or 5 members.

It hears and decides every application for review of a decision of the qualification committee.

Its decisions are made by a majority.

Sections 12 to 19, 25 and 30 of the Regulation respecting discipline of the members of the Corporation of Master Electricians of Québec (chapter M-3, r. 3) apply to the review committee, with the necessary modifications.

O.C. 65-2008, s. 29.

30. A member of the complaints examination committee or the qualification committee may not be appointed to the review committee.

O.C. 65-2008, s. 30.

DIVISION III TRANSITIONAL AND FINAL

31. This Regulation replaces sections 52 to 78 and 101 to 102.2 of the Regulation of the Corporation of Master Electricians of Québec (Decision 83-03-10).

However, a member of the Corporation may continue to use the title of electric heating specialist if the member has a permanent and full-time employee who holds an electric heating specialization certificate issued by the Institute for the improvement of the master electrician under section 69 of the Regulation of the Corporation of Master Electricians of Québec.

The holder of the certificate may not allow two members to use the title of electric heating specialist concurrently.

O.C. 65-2008, s. 31.

32. (Omitted).

O.C. 65-2008, s. 32.

SCHEDULE I

(s. 13)

OATH OF DISCRETION

I, ______________________________, declare under oath that I will not reveal or disclose, unless so authorized, anything of a confidential or privileged nature that may come to my knowledge in the performance of my functions.

Signed this ______________________________ day of ______________________________, 20__________ .

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O.C. 65-2008, Sch. I.

REFERENCES

O.C. 65-2008, 2008 G.O. 2, 630

O.C. 316-2008, 2008 G.O. 2, 1143