O-6, r. 9 - Regulation respecting terms and conditions for election to the board of directors of the Ordre des opticiens d’ordonnances du Québec

Replaced on 24 January 2019

This document has official status.

chapter O-6, r. 9

Regulation respecting terms and conditions for election to the board of directors of the Ordre des opticiens d’ordonnances du Québec

Dispensing Opticians Act

(chapter O-6, s. 3).

Professional Code

(chapter C-26, s. 93, par. b).

Replaced, Décision OPQ 2018-272, 2019 G.O. 2, 55; eff. 2019-01-24; see chapter O-6, r. 10.1.

DIVISION I GENERAL PROVISIONS

1.01. The definitions contained in the Professional Code (chapter C-26) and in the Dispensing Opticians Act (chapter O-6) shall, unless the context indicates otherwise, apply to this Regulation.

R.R.Q., 1981, c. O-6, r. 7, s. 1.01.

1.02. In this Regulation, unless the context indicates otherwise, the word “region” means: one of the regions within the meaning of the Règlement divisant le territoire du Québec en régions aux fins des élections au Conseil d’administration de l’Ordre des opticiens d’ordonnances du Québec (chapter O-6, r. 14).

R.R.Q., 1981, c. O-6, r. 7, s. 1.02.

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

R.R.Q., 1981, c. O-6, r. 7, s. 1.03.

DIVISION II ELECTION PROCEDURES

2.01. The day of closing of the poll for the election of the president and directors to the board of directors of the Order is fixed for the first Tuesday in June at 6 p.m..

R.R.Q., 1981, c. O-6, r. 7, s. 2.01.

2.02. On or before 1 April preceding the date of the closing of the poll, the secretary shall send all dispensing opticians a notice of the election indicating:

(a)  for each region, the name of the elected director whose mandate is about to expire;

(b)  a summary of the procedure and the time limits for the nomination of candidates to the post of director.

R.R.Q., 1981, c. O-6, r. 7, s. 2.02.

2.03. A member of the Order may not sign more nomination papers than the number of offices of director to be filled in the region where he votes. A signature appearing on a number of nomination papers greater than the number of offices of director to be filled shall be stricken from all nomination papers.

R.R.Q., 1981, c. O-6, r. 7, s. 2.03.

2.04. Every candidate for the office of director or that of president, if the latter is elected by a general vote, must give to the secretary a nomination paper in the form prescribed in Schedule 1.

R.R.Q., 1981, c. O-6, r. 7, s. 2.04.

2.05. At least 15 days before the date fixed for the closing of the poll, in addition to the documents prescribed in section 69 of the Professional Code (chapter C-26), the secretary shall send the following documents to each dispensing optician:

(a)  a list of the dispensing opticians;

(b)  a copy of this Regulation;

(c)  a document indicating the region where he shall exercise his right to vote.

R.R.Q., 1981, c. O-6, r. 7, s. 2.05.

2.06. The ballot paper certified and sent by the secretary must contain:

(a)  the name and graphic sign of the Order;

(b)  the year of election;

(c)  the identification of the region;

(d)  the names in alphabetical order of the candidates for the office of director in the region where the member has his professional domicile;

(e)  a white square opposite each name of the candidates;

(f)  the number of seats to be filled in the region.

R.R.Q., 1981, c. O-6, r. 7, s. 2.06.

2.07. In the case of the election of the president by a general vote, the ballot paper must have the same content and form with the necessary modifications.

R.R.Q., 1981, c. O-6, r. 7, s. 2.07.

2.08. Every ballot paper shall be void:

(a)  on which the voter cast his vote other than by a cross;

(b)  which contains more crosses than the number of directors to be elected for the region;

(c)  which is not certified by the secretary;

(d)  which is not the form prescribed in section 2.06;

(e)  which is not returned in the envelope addressed to the secretary of the Order and on which the word ELECTION is written;

(f)  which is not received at the head office of the Order on the date of the closing of the poll.

R.R.Q., 1981, c. O-6, r. 7, s. 2.08.

2.09. A member of the Order may obtain a new ballot paper from the secretary if the first ballot paper sent is lost or is unusable in any way, on condition that such member make a solemn declaration in writing attesting that his ballot paper was lost or is unusable.

R.R.Q., 1981, c. O-6, r. 7, s. 2.09.

2.10. The counting of the votes by the secretary must be done within 10 days following the date of the closing of the poll and in the presence of at least 3 of the 4 scrutineers designated by the board of directors.

R.R.Q., 1981, c. O-6, r. 7, s. 2.10.

2.11. The secretary shall draw up a detailed report of the result of the vote, which report is countersigned by the scrutineers. This report is kept in the archives of the Order.

R.R.Q., 1981, c. O-6, r. 7, s. 2.11.

2.12. The president and directors of the board of directors are elected for a period of 3 years.

In order to alternate representation on the board of directors, one-third of the directors elected to the board of directors shall be replaced each year, taking into account the total number of positions to be filled and the mandates that expire.

R.R.Q., 1981, c. O-6, r. 7, s. 2.12.

2.13. In the event the secretary is unable to carry out the duties prescribed in this Regulation, the board of directors may designate any other person to replace him during his absence.

R.R.Q., 1981, c. O-6, r. 7, s. 2.13.

DIVISION III TRANSITIONAL PROVISIONS

3.01. Notwithstanding the first paragraph of section 2.12, in the 1978 election, in the regions given below, the following number of directors shall be elected:

(a)  Western region: 1 director chosen by lot at a meeting of the board of directors from among the 3 directors elected for that region in the 1976 election;

(b)  Eastern region: 1 director chosen by lot at a meeting of the board of directors from among the 2 directors elected for that region in the 1976 election.

R.R.Q., 1981, c. O-6, r. 7, s. 3.01.

3.02. Notwithstanding the first paragraph of section 2.12, in the 1979 election, in the regions mentioned below, the following number of directors shall be elected:

(a)  Western region: 1 director chosen by lot at a meeting of the board of directors from among the 2 directors elected for that region in the 1976 election;

(b)  North-Central region: 1 director.

R.R.Q., 1981, c. O-6, r. 7, s. 3.02.

3.03. In the 1980 election, in the regions given below, the following number of directors shall be elected:

(a)  Western region: 1 director;

(b)  Eastern region: 1 director.

R.R.Q., 1981, c. O-6, r. 7, s. 3.03.

SCHEDULE 1

(s. 2.04)

NOMINATION PAPER FOR THE ELECTION OF A DIRECTOR OR OF THE PRESIDENT

We, the undersigned, dispensing opticians having our principal domicile in the ______________________________ region, nominate ______________________________ for the office of director (or president, as the case may be).

In withness whereof we have signed in ______________________________ this ____________________ day of ____________________ 20__________

_______________________________________

_______________________________________

_______________________________________

_______________________________________

_______________________________________

Signatures

I ______________________________, nominated on the above nomination paper, accept the nomination and solemnly declare that my present conduct is not incompatible with the carrying out of the duties assigned to the board of directors under section 62 of the Professional Code (chapter C-26).

In witness whereof, I have signed in ______________________________ this ____________________ day of ____________________ 20__________

_______________________________________

Signature

R.R.Q., 1981, c. O-6, r. 7, Sch. 1.

REFERENCES

R.R.Q., 1981, c. O-6, r. 7

S.Q. 2008, c. 11, s. 212