Canada — Quebec Act or statute

Canada — Quebec legislation

Professional Code

This section defines key terms used in the Code and its regulations, unless the context requires a different meaning.

Source excerpt

account conciliationactivity reportadjudicative proceedingsadministrationadministrative follow-upadministrative reviewadmissibility of evidenceadmission processesadmission to a professionadvances to public bodyadvertisingamendment proceduresannual assessmentannual financial reportingannual general meetingannual reportingannual reportsappealappeal filingappeal procedureappeal restrictionappeal timingappeal venueappealsappeals procedureapplication processingapplication restrictionsappointment proceduresappointmentsassessmentsasset securityauditauditingauditorsauthorized disclosureballot handlingballotsbank depositsboard appointmentboard appointmentsboard compositionboard decision-makingboard dutiesboard governanceboard information accessboard meetingsboard powersboard regulationsboard resolutionsby-law makingcandidate assessmentcandidate eligibilitycandidate nominationcase managementchair electionchild careclaim proceduresclient record managementclient recordscode of ethicscodes of ethicscollection of monetary sumscommittee delegationcommittee governancecommittee oversightcommittee procedurecommittee procedurescommittee selectioncompetence assessmentcomplaint examinationcomplaint processingcomplaintscomplaints handlingcomplaints joindercomplaints oversightcompliancecompliance reportingconciliationconduct controlsconduct standardsconfidential informationconfidential information handlingconfidentialityconflict of interestconsultationcontinuing competencecontinuing educationcooperation termscorporate governancecost allocationcostscouncil administrationcouncil compositioncouncil functionscourt administrationcourt enforcementcourt filingcourt filingscourt procedurecourt representationcourt servicescredential recognitioncustody of propertycustomer servicedata protectiondecision correctiondecision enforcementdecision revisiondefinitionsdelegationdelegation of functionsdelegation of powersdental appliancesdental prosthesesdiploma recognitiondirector appointmentdirector appointmentsdirector compensationdirector remunerationdirector vacanciesdirectorsdirectors' remunerationdisciplinary administrationdisciplinary admissionsdisciplinary complaintsdisciplinary compliancedisciplinary costsdisciplinary councildisciplinary council proceduredisciplinary council processdisciplinary councilsdisciplinary decisionsdisciplinary disclosuredisciplinary governancedisciplinary jurisdictiondisciplinary offencesdisciplinary ordersdisciplinary penaltiesdisciplinary powersdisciplinary proceduredisciplinary proceedingsdisciplinary processdisciplinary recordsdisciplinary reportingdisciplinary restrictionsdisciplinary sanctionsdisciplinary status recordsdispute resolutiondocument accessdocument disclosuredocument productiondocument transmissiondutieselection administrationelectionselectoral communicationelectronic votingeligibilityeligibility criteriaemail serviceemergency measuresemploymentenforcement of decisionsequivalency recognitionethics codeethics complaintsethics complianceevaluationexclusive rightsexpense reimbursementexpert assistancefee disputesfeesfiling deadlinesfinancial reportingfinancial statementfine allocationfinesfund administrationfundsgovernancegovernment borrowinggovernment guaranteesgovernment ordersgovernment servicesgroup plan contributionshealth serviceshealthcare compliancehearing accesshearing locationhearing managementhome carehuman relationsimmovable property dispositionincompatibilityinformation disclosureinformation requestsinformation sharinginquiry closureinquiry powersinquiry requestsinspection and inquiry functionsinsurance activitiesinsurance fundinternal complianceinternal governanceinvestigation confidentialityinvestigationsinvestmentjoint-stock companyjudgment enforcementjudicial districtjudicial panel compositionlaboratory operationslegislative tablingletters patentliability transferlicensinglimitation periodlimitation periodslimited liability partnershiplimited liability partnership conversionlitigationlitigation deadlinesloss noticesmedical examinationmedication administrationmeeting locationmeeting proceduremeetingsmember assessmentsmember disciplinemember meetingsmember notificationmembership administrationmental healthministerial adviceministerial designationministerial filingministerial reportingmisleading designationmisrepresentationmisrepresentation of professional statusmouth guardsnoticeoathoathsoffences and penaltiesoffice functionsoffice operationsoperating costsorder amalgamationorder membershiporganizational obligationsorganizational restrictionspartnership governancepenal proceedingspenaltiespermit and roll requirementspermit applicationpermit cancellationpermit eligibilitypermit issuancepermit regulationpermit requirementspermit suspensionpermit suspension or revocationpermitspersonal information disclosurepilot projectsposting deadlinespowers and immunitiespractice restrictionpractice standardsprivacy complianceprocedural deadlinesprocedural powersproceedingsprofessional activitiesprofessional activities within organizationsprofessional activity scopeprofessional admissionprofessional admission monitoringprofessional authorizationsprofessional bodiesprofessional certificationprofessional competenceprofessional competence inspectionprofessional complaint handlingprofessional conductprofessional confidentialityprofessional corporationprofessional designationprofessional disciplinary measuresprofessional disciplineprofessional domicileprofessional inspectionprofessional inspection committeesprofessional liabilityprofessional liability claimsprofessional liability insuranceprofessional liability securityprofessional licensingprofessional licensureprofessional membershipprofessional misconduct inquiryprofessional misconduct reportingprofessional order activityprofessional order administrationprofessional order governanceprofessional order membershipprofessional order oversightprofessional ordersprofessional oversightprofessional partnership namingprofessional permitsprofessional practiceprofessional practice complianceprofessional practice recordsprofessional practice restrictionprofessional practice supervisionprofessional registrationprofessional regulationprofessional reportingprofessional rollsprofessional scope of practiceprofessional secrecyprofessional servicesprofessional standardsprofessional title useprofessional titlesprosecution information exchangeprovisional orderspsychotherapypublic employment compensationpublic expense administrationpublic fundspublic healthpublic informationpublic noticespublic protectionpublic sector governancepublication costspublication noticepublication of decisionpublication of noticespublication requirementspublication restrictionsquorumrecord inspectionrecord keepingrecord transmissionrecording of proceedingsrecords custodyrecords-keepingregional representationregister entriesregister maintenanceregulated professionsregulatory administrationregulatory authorityregulatory chargesregulatory complianceregulatory consultationregulatory delegationregulatory guidelinesregulatory investigationsregulatory powersregulatory recommendationsregulatory reportingregulatory responsibilityregulatory reviewregulatory standardsregulatory supervisionreimbursementreinstatementreinstatement to rollremunerationreplacementreportingreporting obligationsrepresentationreprisal prohibitionreserved activitiesreserved professional activitiesreserved titlereserved titlesresource managementresponse deadlinesrestricted terminologyretaliationrollsrulemakingsale of mouth guardsscope of applicationscope of practicesector representationsecuritiessecurity requirementservice of decisionsservice of documentsservice of noticeservice standardssettlement documentationspecial appointmentspecial assessmentsspecial authorizationspecialist certificate eligibilitystandardsstandards compliancesubsidiessupervision measuressuspension and striking offtaxation of coststerm durationtestimony obligationstitle restrictionstitle usagetitle usetrainingtraining accesstraining coordinationtraining programstraining requirementstraining standardstransitional measurestribunal procedureunauthorized practiceunauthorized use of professional titlesvacanciesvenuevoting procedurevoting proceduresvoting rulesweb publicationwebsite publicationworkplace discipline

Jurisdiction: Canada — Quebec
Structure: 490 provisions
Dates: Source version 10 Jun 2026

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“This section defines key terms used in the Code and its regulations, unless the context requires a different meaning.”

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Section 86.0.3

For certain pilot-project regulations, Section 95 and the Regulations Act do not apply, and the order must publish the pilot project description and the regulation on its website.

Section 86.0.3

Section 108.9

A person who requests it may access certain listed documents.

Section 108.9

Section 122.0.5

122.0.5. Sections 122.0.2 and 122.0.3 apply, with the necessary modifications, to the application for the renewal of an order under section 122.0.3. 2017, c. 11, s. 68.

Section 122.0.5

Section 149.1

A syndic may complain to the disciplinary council about certain court decisions finding a professional guilty of specified offences.

Section 149.1

Section 182.8

The tribunal may correct its own decision if it contains a writing, calculation, or other clerical error.

Section 182.8

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Source record from www.legisquebec.gouv.qc.ca · Source version 10 Jun 2026

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Showing 200 of 490 provisions

Provision 147Offence 30Repeal 13Amendment 6

§ 86.0.3Section 86.0.3Provision

Source excerpt

For certain pilot-project regulations, Section 95 and the Regulations Act do not apply, and the order must publish the pilot project description and the regulation on its website.

86.0.3. Section 95 and the Regulations Act (chapter R-18.1) do not apply to a regulation adopted by the board of directors that is necessary to implement a pilot project referred to in section 86.0.2. A description of the pilot project and the regulation shall be made public on the order’s website. 2024, c. 31, s. 13.

Section 86.0.3Verify source

§ 86.1Section 86.1Provision

Source excerpt

The board of directors may create and administer a professional liability insurance fund, may delegate additional functions to the insurance decision-making committee within statutory limits, and the order must protect the committee’s autonomy. Certain professional liability claims must be paid from the fund, and a professional order authorized under the Insurers Act is not barred from providing the services described in section 41 of that Act.

86.1. The board of directors may establish a professional liability insurance fund and administer it in accordance with the provisions of the Insurers Act (chapter A-32.1) that are applicable to self-regulatory organizations. In addition to the exclusive functions and powers delegated to the professional liability insurance decision-making committee by the board of directors under the second paragraph of section 354 of the Insurers Act, the board may delegate other functions and powers to it within the limits provided for in sections 354 and 355 of that Act. The order must take the measures necessary to preserve at all times the autonomy of the decision-making committee in the exercise of its functions and powers relating to the processing of notices of loss likely to fall under the coverage of the insurance contracts underwritten by the order. Professional liability claims for any professional fault committed, by persons who have ceased being members of the order for five years or less or, if applicable, for a period of time determined in a regulation made under paragraph d of section 93 or subparagraph p of the first paragraph of section 94, while they were still members and were contributing to the fund must be paid out of the assets of the fund and according to the limits and the conditions and procedures determined by the board of directors. Nothing in this Code prevents a professional order, if it is so authorized in accordance with the Insurers Act, from providing the services described in section 41 of that Act. 1987, c. 54, s. 34; 1990, c. 52, s. 1; 1994, c. 40, s. 74; 2001, c. 34, s. 4; 2003, c. 1, s. 15; 2008, c. 11, s. 1, s. 55; 2018, c. 23, s. 6; 2024, c. 31, s. 14.

Section 86.1Verify source

§ 86.2Section 86.2Provision

Source excerpt

The board of directors must ensure certain staff have the required skills and experience, set ethics and professional conduct standards, and the order must make those standards publicly accessible.

86.2. The board of directors shall ensure that the officers and managers and at least two-thirds of the members of the decision-making committee who exercise functions and powers in connection with the order’s insurer activities and other insurance business have the skills and experience required in such matters. The board of directors shall determine the standards of ethics and professional conduct applicable to the persons mentioned in the first paragraph and to the other employees assigned to the order’s insurer activities and other insurance business. The order must ensure public access to those standards, including on its website. 2018, c. 23, s. 7; 2026, c. 8, s. 16.

Section 86.2Verify source

§ 86.3Section 86.3Provision

Source excerpt

The board of directors must make a regulation setting out which functions and powers it may delegate.

86.3. The board of directors must determine by regulation the functions and powers it may delegate to the officers or managers or to the members of the decision-making committee within the limits provided for in the Insurers Act (chapter A-32.1). 2018, c. 23, s. 7.

Section 86.3Verify source

§ 86.4Section 86.4Provision

Source excerpt

86.4. The decision-making committee shall, in accordance with a regulation made under paragraph d of section 93 or, if applicable, subparagraph p of the first paragraph of section 94, apply the rules governing the conduct of its affairs and, if not stipulated in the insurance contract, the procedure for processing notices of loss. The decision-making committee may, with the authorization of the order’s board of directors, retain the services of an expert or of any other person to assist it in the exercise of its functions and powers. The members of the decision-making committee and any person assisting the committee or one of its members shall take the oath set out in Schedule II; however, the oath shall not be construed as prohibiting the sharing within the order of information or documents required to protect the public. 2018, c. 23, s. 7; 2024, c. 31, s. 15.

Section 86.4Verify source

§ 86.5Section 86.5Provision

Source excerpt

The order must exercise its professional-liability-insurance powers in its own name as an authorized insurer, and proceedings about those insurer activities must be brought by or against it in that capacity.

86.5. The order’s functions and powers with regard to professional liability insurance are to be exercised in its name in its capacity as an authorized insurer. Any proceedings relating to the order’s insurer activities are to be brought by the order in its capacity as an authorized insurer or taken against the order acting in that capacity. 2018, c. 23, s. 7.

Section 86.5Verify source

§ 86.6Section 86.6Provision

Source excerpt

The decision-making committee must disclose certain personal information to the board of directors, either on its own initiative or when the board requests it, if the information is needed to protect the public.

86.6. The decision-making committee shall, on its own initiative or at the request of the board of directors, disclose to the board the following personal information obtained in the exercise of its functions or powers if the information is required to protect the public: (1) the name of any member or former member concerned by a notice of loss and, if applicable, his membership number; (2) the fact that a notice of loss against the member or former member has been sent to the committee or that the member or former member has filed a notice of loss regarding his professional liability; (3) the fact that the member or former member, his successors or the order are implicated in proceedings, to the extent that the order is clearly identified, as well as the originating application; and (4) the nature of the fault alleged against the member or former member in the exercise of his profession. The information referred to in the first paragraph that concerns an organization referred to in Chapter VI.3 must also be disclosed. 2018, c. 23, s. 7; 2024, c. 31, s. 16.

Section 86.6Verify source

§ 86.7Section 86.7Offence

Source excerpt

The decision-making committee or one of its members must inform the syndic if it has reasonable grounds to believe a professional committed the offence referenced in section 116, and must inform the professional inspection committee if it has reasonable grounds to believe the professional’s practice or competence should be inspected under section 112.

86.7. The decision-making committee or one of its members shall inform the syndic if it or he has reasonable grounds to believe that a professional has committed an offence referred to in the second paragraph of section 116. The decision-making committee or one of its members shall inform the professional inspection committee if it or he has reasonable grounds to believe that a professional’s practice of the profession or professional competence should be the subject of an inspection under section 112. 2018, c. 23, s. 7.

Section 86.7Verify source

§ 86.8Section 86.8Provision

Source excerpt

The board of directors must have access to certain non-personal information on request or at least once a year.

86.8. The board of directors is to have access, on request or at least once a year, to the information, other than personal information, obtained in connection with the order’s insurer activities or other insurance business and required to establish the amount referred to in section 85.2. Such information may include the types of permits issued, the professional activities concerned, the risk experience and loss experience, the frequency and amount of claims, the region in which the professional activities are engaged in, and whether they are engaged in alone or within an organization. 2018, c. 23, s. 7; 2024, c. 31, s. 17.

Section 86.8Verify source

§ 87Section 87Offence

Source excerpt

The board of directors must make a regulation creating a code of ethics for professionals, and the code must address conflicts of interest, prohibited conduct, confidentiality, access and correction, document release, advertising, and any related offences.

87. The board of directors must make, by regulation, a code of ethics governing the general and special duties of the professional towards the public, his clients and his profession, particularly the duty to discharge his professional obligations with integrity. Such code must contain, inter alia: (1) provisions to prevent conflict of interest situations; (1.1) provisions expressly stating that any act involving collusion, corruption, malfeasance, breach of trust or influence peddling is forbidden; (1.2) provisions requiring a member of an order to inform the syndic if the member has reason to believe that a situation likely to affect the competence or integrity of another member of the order has arisen; (2) provisions defining, if applicable, the professions, trades, industries, businesses, offices or duties incompatible with the dignity or practice of the profession; (3) provisions to preserve the secrecy of confidential information that becomes known to the members of the order in the practice of their profession, and provisions setting out the conditions on which a professional may, in accordance with the third paragraph of section 60.4, communicate the information described in that paragraph and the procedure applicable; (4) provisions setting out the conditions and procedure applicable to the exercise of the rights of access and correction provided for in sections 60.5 and 60.6, and provisions concerning a professional’s obligation to release documents to his client; (5) provisions setting out conditions, obligations and, where applicable, prohibitions in respect of advertising by the members of the order; (6) provisions identifying offences, if any, for the purposes of subparagraphs 5 and 6 of the first paragraph of section 45 or of the first paragraph of section 55.1. 1973, c. 43, s. 85; 1975, c. 80, s. 8; 1990, c. 76, s. 3; 1994, c. 40, s. 75; 2001, c. 78, s. 6; 2008, c. 11, s. 1, s. 56; 2017, c. 11, s. 51.

Section 87Verify source

§ 88Section 88Provision

Source excerpt

The board of directors must create a regulation-based accounts conciliation and arbitration procedure for fee disputes, and members may not sue on an account until the conciliation period expires unless an exception applies.

88. The board of directors of an order whose members charge fees must establish, by regulation, an accounts conciliation and arbitration procedure that may be used by persons to whom fees are charged. The regulation shall include (1) provisions allowing a person to use the procedure if the account has already been paid in whole or in part, provided the application for conciliation is made within 45 days after the day the person received the account or within a longer time prescribed by the regulation. If two or more accounts were issued for the same professional service or if an account is payable in instalments, the time to apply for conciliation runs from the date of receipt of the most recent account or from the most recent instalment due date, and the application may cover all the accounts issued or instalments due in the year preceding the application. If the member has withdrawn or withheld sums from funds held or received for or on behalf of the person, the time runs from the time the person became aware that the sums were withdrawn or withheld; (2) provisions for the setting up of a council of arbitration with the power to determine the amount of any reimbursement to which a person may be entitled; (3) provisions for the arbitration of accounts by a council of arbitration composed of one or three arbitrators, according to the amount of the dispute as prescribed in the regulation. The regulation may specify the fees payable on applying for arbitration. In such a case, the arbitration council must rule on the reimbursement of such fees. The regulation may also contain provisions which, when all or part of the account in dispute is maintained or when a reimbursement is granted, enable the council of arbitration to add interest and an indemnity, computed in accordance with articles 1618 and 1619 of the Civil Code, from the date of the application for conciliation. The arbitration council may, in particular, consider the quality of the services rendered in relation to the fees charged. Despite any provision of a regulation under subparagraph 1 of the second paragraph, account conciliation may be applied for within 45 days after a decision of the disciplinary council that expressly calls into question the quality or the relevance of a professional act that is charged for in the account, except if the account has already been referred to conciliation or arbitration. The member may not institute proceedings in respect of an account until the time allowed to apply for conciliation has expired. However, the member may institute proceedings before that time has expired, with the authorization of the person indicated by regulation of the board of directors, where there is a risk that recovery of the account will be imperilled unless proceedings are instituted. 1973, c. 43, s. 86; 1974, c. 65, s. 18; 1988, c. 29, s. 22; 1994, c. 40, s. 76; 2008, c. 11, s. 1, s. 57.

Section 88Verify source

§ 89Section 89Provision

Source excerpt

Members of an order may not hold client or other persons’ funds or property in the practice of their profession unless the board of directors expressly authorizes it by regulation.

89. The members of an order may not, in the practice of their profession, hold funds or property, including advances on fees, on behalf of a client or another person, unless it is expressly authorized by the board of directors by regulation. If it authorizes the members of the order to hold such funds or property, the board of directors must, subject to the Unclaimed Property Act (chapter B-5.1), determine by regulation (1) procedures and standards for holding and disposing of such funds or property; and (2) procedures and standards for keeping and auditing members’ books and registers and, if applicable, for holding and auditing a trust account. 1973, c. 43, s. 87; 1974, c. 65, s. 19; 1988, c. 29, s. 23; 1990, c. 52, s. 2; 1994, c. 40, s. 77; 1997, c. 80, s. 56; 2000, c. 13, s. 18; 2008, c. 11, s. 1; 2008, c. 11, s. 58; 2011, c. 10, s. 69.

Section 89Verify source

§ 89.1Section 89.1Provision

Source excerpt

The board of directors must compensate eligible claimants for certain misuse of funds or property, but not when the claimant acted illicitly or knew of the misuse.

89.1. A board of directors that makes a regulation under section 89 authorizing the members of the order to hold funds or property must compensate a claimant if a member uses such funds or property for purposes other than those for which they were entrusted to the member in the practice of his profession. The board of directors may not, however, compensate a claimant who entrusted funds or property to a member for illicit purposes or who knew or ought to have known that the funds or property would be used inappropriately. The board of directors must determine by regulation (1) the compensation procedure; and (2) if appropriate, conditions for the setting up of a compensation fund and rules for the administration and investment of the sums making up the fund. The regulation may prescribe the maximum compensation payable, in particular, the maximum amount that may be paid to a claimant in respect of a member and the maximum amount that may be paid to all claimants who have filed a claim in respect of a member. If two or more claims are filed in respect of a member and the total amount claimed, after application of the limit prescribed for each claimant, exceeds the limit prescribed for all claimants, the amount of compensation is set by the board of directors and paid in proportion to the amount of each claim. A person, a committee or a committee member designated by the board of directors for the purposes of this section may conduct an inquiry and report to the board of directors on any claim. Section 114 applies to the inquiry, with the necessary modifications. The board of directors may also delegate the power to decide a claim to such a committee. The person or the committee members referred to in the fifth paragraph shall take the oath set out in Schedule II; however, the oath shall not be construed as prohibiting the sharing of information or documents within the order for the protection of the public. If it compensates a claimant, the board of directors is subrogated to the claimant’s rights, and prescription only runs from the day the compensation is paid. 2008, c. 11, s. 58; I.N. 2019-12-01.

Section 89.1Verify source

§ 90Section 90Provision

Source excerpt

The board of directors must set by regulation the committee’s composition, size, and procedure, and it may regulate the appointment of inspectors or experts, additional recommendation requirements, and delegation of certain powers.

90. The board of directors must determine, by regulation, the composition, the number of members and the procedure of the professional inspection committee of the order. The board of directors may, in the regulation, determine a procedure for appointing inspectors or experts to assist the committee, and determine the requirements the committee may recommend in addition to the recommendations regarding refresher courses or periods of refresher training it may make under section 113. The board of directors may also, in the regulation, provide for the appointment by the board of directors of a person to be responsible for professional inspection, delegate the powers of the committee or the committee members under sections 55, 112 and 113 to that person, and then delegate the powers of the board of directors under those sections to the committee. 1973, c. 43, s. 88; 1988, c. 29, s. 24; 1994, c. 40, s. 78; 2000, c. 13, s. 19; 2008, c. 11, s. 1, s. 59.

Section 90Verify source

§ 91Section 91Provision

Source excerpt

The board of directors must make regulation standards for how professionals keep and handle specified records, supplies, and entrusted property, and may set standards for consulting rooms and other offices.

91. The board of directors must, by regulation, determine standards concerning the keeping, holding and maintenance by a professional in the practice of his profession of records, books, registers, medications, poisons, products, substances, apparatus and equipment as well as property entrusted to him by a client or another person. It must also, in the regulation, determine the rules, terms, conditions and formalities for the preservation, use, management, administration, transfer, assignment, provisional custody and destruction of the records, books, registers, medications, poisons, products, substances, apparatus and equipment of a professional, and the rules, terms, conditions and formalities for the preservation, use, management, administration and provisional custody of property entrusted to him by a client or another person, applicable in the event of his death or his being struck off the roll or ceasing to practise, or in the event of his right to practise being restricted or suspended, his permit being revoked or his accepting an office which prevents him from completing the mandates that have been entrusted to him. The board of directors may, in the regulation, determine standards for the operation of a consulting room and other offices by a professional. In cases described in the second paragraph, the board of directors may take possession of the records and the property held by the professional or require their delivery to an assignee or provisional custodian. In such a case, the board of directors shall determine by resolution the remuneration and the responsibilities and powers of the assignee or the custodian and the procedure for the recovery, from the professional or his successors, of expenses incurred or fees paid by the board of directors, the assignee or the custodian. 1973, c. 43, s. 89; 1988, c. 29, s. 25; 1994, c. 40, s. 79; 2008, c. 11, s. 1, s. 60.

Section 91Verify source

§ 92Section 92Repeal

Source excerpt

Section 92 is repealed.

92. (Repealed). 1973, c. 43, s. 90; 1990, c. 76, s. 4.

Section 92Verify source

§ 93Section 93Repeal

Source excerpt

The board of directors must make regulations covering quorum, elections, equivalency rules, permit conditions, insurance/security requirements for members, board size, and the order’s head office.

93. The board of directors must, by regulation, (a) fix the quorum for general meetings of the members of the order and the manner of calling such meetings; (b) fix the date of and procedure for the election of the president and the other elected directors, the date and time they are to take office and their term of office; the regulation may prescribe eligibility criteria for the office of elected director, including the office of president, and set a limit on the number of consecutive terms such directors may serve; (c) prescribe standards for equivalence of diplomas issued by educational establishments situated outside Québec, for the purposes of issuing a permit or specialist’s certificate, and standards of equivalence of the training of a person who does not hold a diploma required for such purposes; (c.1) determine a procedure for recognizing an equivalence, standards for which are established in a regulation under paragraph c of this section or paragraph i of section 94, stipulating that a decision must be reviewed by persons other than those who made it; (c.2) determine the terms and conditions for issuing a permit or a specialist’s certificate that are required to give effect to an agreement entered into by the order under an agreement for mutual recognition of professional competence entered into between the Government and another government; the board of directors must also, in the regulation, stipulate that a decision refusing to recognize that one of those conditions, other than professional competence, has been fulfilled must be reviewed by persons other than those who made it; the board of directors must, before adopting a regulation under this paragraph, consult the Minister of International Relations at least 30 days before its adoption; (d) impose on the members of the order the obligation to furnish and maintain security, by means of an insurance contract or a surety bond or by any other means determined by the regulation, to cover liability for any fault committed in the practice of their profession, or the obligation to join a group plan contract entered into by the order or to contribute to a professional liability insurance fund established for such purposes in accordance with section 86.1. The coverage must extend to any claim filed against a member during the five years following the year he no longer is required to maintain security to cover his liability or following the year he ceases to be a member of the order or during a longer period determined by the order in the regulation. The regulation must prescribe the minimum amount of coverage, the rules governing the conduct of the professional liability insurance decision-making committee’s affairs and, if not stipulated in the contract, the procedure for processing notices of loss. It may also prescribe special rules or exemptions based, in particular, on the professional activities engaged in by the members and the risk they represent; (e) fix, in accordance with section 61, the number of directors, other than the president, on the board of directors; (f) determine the location of the head office of the order; (g) (paragraph repealed); (h) (paragraph repealed). 1973, c. 43, s. 91; 1988, c. 29, s. 26; 1994, c. 40, s. 80; 2001, c. 34, s. 5; 2006, c. 20, s. 4; 2008, c. 11, s. 1, s. 61; 2009, c. 16, s. 3; 2017, c. 11, s. 52; 2018, c. 23, s. 8; 2024, c. 31, s. 18.

Section 93Verify source

§ 94Section 94Repeal

Source excerpt

The board of directors may make regulations on director conduct, remuneration, discipline and dismissal procedures, specialization, permits, professional activities, continuing education, training, organizations, outside-Québec authorizations, and special permits.

94. The board of directors may, by regulation: (a) establish rules of conduct applicable to any candidate for the office of director and rules for the remuneration of elected directors, determine the positions within the order whose incumbents may not be dismissed except in accordance with section 85, and the procedure applicable to such a dismissal, and to the dismissal of a syndic or of the secretary of the order, in addition to what is provided in section 85; (b) (paragraph repealed); (c) (paragraph repealed); (d) (paragraph repealed); (e) define the different classes of specialization within the profession and, where applicable, the conditions of practice; (f) (paragraph repealed); (g) (paragraph repealed); (h) determine, among the professional activities that may be engaged in by members of the order, those that may be engaged in by the persons or categories of persons indicated in the regulation, in particular persons serving a period of professional training determined pursuant to paragraph i, and the terms and conditions on which such persons may engage in such activities; the regulation may determine, from among the regulatory standards applicable to members, those that are applicable to persons who are not members of an order; it may also authorize the board of directors to establish, by resolution, terms and conditions according to which the activities described in the regulation or resolution may be engaged in; unless it is for the purpose of authorizing persons registered in a program giving access to a permit issued by the order or serving a period of professional training to engage in a professional activity, the board of directors must, before adopting a regulation or resolution under this paragraph, consult any order whose members engage in a professional activity described in the regulation; (i) determine the other terms and conditions for issuing permits or specialist’s certificates, in particular the obligation to serve the periods of professional training and to pass the professional examinations it determines; the regulation may also fix standards of equivalence applicable to the terms and conditions determined therein; if it requires periods of professional training, the board of directors may in addition determine, from among the regulatory standards applicable to members, those that are applicable to persons who serve those periods of training, provide for special supervisory procedures for those persons, including inquiry and complaint procedures, and determine the penalties that may be imposed by the board of directors in the case of non-compliance; when the program of study leading to a diploma giving access to a permit issued by the order does not include learning activities on ethics and professional conduct, the board of directors must adopt a regulation under this paragraph making successful completion of training on ethics and professional conduct mandatory; (j) determine cases in which section 55 may apply; the regulation may also determine a number of years for the purposes of section 45.3; (k) (paragraph repealed); (l) (paragraph repealed); (m) determine categories of permits on the basis of the professional activities that the members may engage in or the titles they may use, and the conditions and restrictions to which members must submit when engaging in such activities or using such titles; (n) determine what is acceptable in lieu of a document required for the purposes of issuing a permit, a specialist’s certificate or a special authorization, and the conditions applicable; (o) determine the continuing education requirements, or the framework for those requirements, with which the members or a class of members of the order must comply, in accordance with the conditions set by resolution of the board of directors; the regulation must include the methods for monitoring, supervising or evaluating compliance with the requirements, penalties for a failure to comply with them and, if applicable, possible exemptions from the requirements; (o.1) determine the training activities giving access to a training certificate issued by an order and required by this Code, an Act constituting an order or a regulation made under that Act for the purpose of exercising a reserved activity, as well as the content of those training activities and the conditions giving access to such a certificate; the regulation must include penalties for a failure to comply with it and, if applicable, possible exemptions from it; (p) determine, in addition to what is provided for in the regulation made by the Office under section 12.0.2, the other terms and conditions and the other restrictions according to which members of an order may engage in professional activities within an organization or certain types of organizations, in particular the obligation to furnish and maintain, on behalf of the organization, security to cover professional liability the organization may incur for any fault committed by the members who practise their profession within the organization that is at least equivalent to the requirements prescribed by the regulation made under paragraph d of section 93. Such a regulation may prescribe that engaging in professional activities is forbidden within certain types of organizations; (q) determine which legal authorizations to practise a profession outside Québec give access to a permit or a specialist’s certificate, and the conditions for the issue of the permit or the specialist’s certificate that are applicable to the holders of the legal authorizations; (r) establish special permits; the regulation must contain the reasons justifying the issue of a special permit, the conditions for the issue of the permit, the title, abbreviation and initials its holder may use, the activities the holder may engage in and the conditions the holder must meet to engage in those activities. In addition to what may be provided for in a regulation made under subparagraph n of the first paragraph, where a person applying for a permit, a specialist’s certificate or a special authorization is incapable, for reasons beyond his or her control, of providing required documents or where providing such documents represents an excessive burden for the person, the board of directors may accept to consider other documents or other means of obtaining the information it would have received had the required documents been provided and of ascertaining whether the person’s professional qualifications are equivalent to those he or she is purported to have according to the required documents. A resolution made under subparagraph h of the first paragraph shall be transmitted to the Office and published on the order’s website. 1973, c. 43, s. 92; 1974, c. 65, s. 92; 1975, c. 80, s. 9; 1977, c. 66, s. 9; 1983, c. 54, s. 23; 1987, c. 54, s. 35; 1988, c. 29, s. 27; 1994, c. 40, s. 81; 2000, c. 13, s. 20; 2001, c. 34, s. 6; 2002, c. 33, s. 5; 2006, c. 20, s. 5; 2008, c. 11, s. 1, s. 62; 2017, c. 11, s. 53; 2024, c. 31, s. 19; 2026, c. 8, s. 18.

Section 94Verify source

§ 94.1Section 94.1Amendment

Source excerpt

The board of directors may, in a regulation it is authorized to make, make a government or body standard compulsory.

94.1. The board of directors may, in a regulation that it is authorized to make under this Code or under an Act constituting the professional order, make compulsory a standard established by a government or body. It may provide that reference to such a standard includes any subsequent amendment made to it. 1994, c. 40, s. 82; 2008, c. 11, s. 1.

Section 94.1Verify source

§ 95Section 95Amendment

Source excerpt

Subject to sections 95.0.1 to 95.2, regulations made by a board of directors under the Code or a constituting Act must be sent to the Office for examination, then submitted to the Government with the Office’s recommendation; the Government may approve them with or without amendment.

95. Subject to sections 95.0.1 to 95.2, every regulation made by the board of directors under this Code or an Act constituting a professional order shall be transmitted to the Office for examination; it shall be submitted, with the recommendation of the Office, to the Government which may approve it with or without amendment. 1973, c. 43, s. 93; 1974, c. 65, s. 21; 1988, c. 29, s. 28; 1994, c. 40, s. 83; 2008, c. 11, s. 1, s. 63; 2009, c. 16, s. 4; 2026, c. 8, s. 19.

Section 95Verify source

§ 95.0.1Section 95.0.1Amendment

Source excerpt

Regulations adopted under the specified provisions must be sent to the Office for examination; the Office may approve them, with or without amendment.

95.0.1. A regulation adopted by the board of directors under paragraph c or c.1 of section 93 or subparagraph i, q or r of the first paragraph of section 94 shall be transmitted for examination to the Office, which may approve it with or without amendment. Before approving a regulation referred to in the first paragraph, the Office must consult the ministers concerned, including the Minister responsible for the administration of legislation respecting the professions, the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology, the Minister of Employment and Social Solidarity, the Minister of Health and Social Services, the Minister of Immigration, Francization and Integration, the Minister of Economy, Innovation and Energy, and the Minister of International Relations or the Minister responsible for Canadian Intergovernmental Affairs and the Reform of Democratic Institutions, as the case may be. 2009, c. 16, s. 5; 2013, c. 28, s. 203; 2017, c. 11, s. 54; 2019, c. 29, s. 1; 2022, c. 14, s. 215; 2024, c. 31, s. 20; 2025, c. 24, s. 184.

Section 95.0.1Verify source

§ 95.1Section 95.1Provision

Source excerpt

95.1. A regulation adopted by the board of directors under section 63.1, 65 or 90, paragraph a, b, e or f of section 93 or subparagraph a, j or o of the first paragraph of section 94 must take into account the guidelines established by the Office in collaboration with the Interprofessional Council. It shall be transmitted to the Office and published on the order’s website. The regulation comes into force on the fifteenth day after its publication or on any later date indicated in the regulation. Every regulation adopted in accordance with the first paragraph is considered public law and does not need to be specially pleaded. 1994, c. 40, s. 84; 2008, c. 11, s. 64; 2026, c. 8, s. 20.

Section 95.1Verify source

§ 95.2Section 95.2Amendment

Source excerpt

Certain board regulations must be sent to the Office for examination, and the Office may approve them with or without amendment.

95.2. A regulation adopted by the board of directors under any of sections 86.3, 87 to 89.1 or 91, paragraph c.2 or d of section 93 or subparagraph h, m, n, o.1 or p of the first paragraph of section 94 shall be transmitted for examination to the Office, which may approve it with or without amendment. Section 8 of the Regulations Act (chapter R-18.1) does not apply to a regulation referred to in the first paragraph. Where the Office has not approved a regulation transmitted to it under the first paragraph within 90 days of receipt, it must, at the end of that period, inform the board of directors, in writing, that the regulation has not been approved and report to it on the progress of the examination. Until the regulation has been approved, the Office must, every 60 days after the expiry of the 90-day period, inform the board of directors in writing that the regulation has not been approved and report to it on the progress of the examination. 1994, c. 40, s. 84; 2000, c. 13, s. 21; 2001, c. 34, s. 7; 2008, c. 11, s. 1, s. 65; 2018, c. 23, s. 9; 2024, c. 31, s. 21; 2026, c. 8, s. 21.

Section 95.2Verify source

§ 95.3Section 95.3Provision

Source excerpt

The board of directors may not adopt certain regulations unless the secretary of the order sent a draft to every member at least 30 days earlier.

95.3. No regulation may be adopted by the board of directors under section 87, 88, 89, 90 or 91, paragraph d of section 93 or subparagraph j, o or p of the first paragraph of section 94 unless the secretary of the order has sent a draft of it to every member of the order at least 30 days before its adoption by the board of directors. 1994, c. 40, s. 84; 2000, c. 13, s. 22; 2001, c. 34, s. 8; 2008, c. 11, s. 1; 2024, c. 31, s. 22.

Section 95.3Verify source

§ 95.4Section 95.4Provision

Source excerpt

The secretary of the order must distribute certain in-force regulations to the members of the order and the appointed directors.

95.4. All regulations made by the board of directors or made by the Government under section 183 and that are in force shall be distributed to the members of the order and the appointed directors by the secretary of the order. 1994, c. 40, s. 84; 2008, c. 11, s. 66.

Section 95.4Verify source

§ 96Section 96Provision

Source excerpt

An executive committee may be established within a professional order.

96. An executive committee may be established within a professional order. 1973, c. 43, s. 94; 1988, c. 29, s. 29; 1994, c. 40, s. 85; 2008, c. 11, s. 67; 2014, c. 13, s. 23.

Section 96Verify source

§ 96.1Section 96.1Provision

Source excerpt

The executive committee may exercise powers delegated by the board of directors, but certain powers cannot be delegated to it.

96.1. The executive committee may exercise all the powers delegated to it by the board of directors. However, the power to make regulations, to establish operating rules for the board of directors or the executive committee, to appoint a syndic or to designate the members of the disciplinary council, or the powers conferred by section 85.2 and the first and third paragraphs of section 86.1 may not be delegated to the executive committee by the board of directors. 2008, c. 11, s. 67; 2017, c. 11, s. 55.

Section 96.1Verify source

§ 97Section 97Provision

Source excerpt

The board of directors must set the size of the executive committee, and the committee must have at least three members and fewer than half the number of directors.

97. The board of directors shall determine the number of members of the executive committee. That number must be at least three, but less than half the number of directors on the board of directors. The president of the order is, by virtue of office, a member and the chair of the committee, and is entitled to vote. One member of the committee shall be designated by a vote of the members of the board of directors from among the elected directors. One other committee member shall be designated by a vote of the members of the board of directors from among the directors appointed by the Office and shall be a member of the committee as of the designation. Any other committee member shall be designated by a vote of the members of the board of directors from among the directors determined by the board. The voting provided for in the second paragraph shall be held each year or every two years, at the time determined by the board of directors. 1973, c. 43, s. 95; 1974, c. 65, s. 22, s. 109; 1975, c. 80, s. 10; 1994, c. 40, s. 86; 2008, c. 11, s. 68, s. 213; 2017, c. 11, s. 56.

Section 97Verify source

§ 98Section 98Provision

Source excerpt

Members of the executive committee must remain in office until their successors replace them.

98. The members of the executive committee shall remain in office until replaced by their successors. 1973, c. 43, s. 96; 2008, c. 11, s. 1.

Section 98Verify source

§ 99Section 99Provision

Source excerpt

Vacancies in the executive committee must be filled using the appointment method for the replaced member.

99. Any vacancy occurring in the executive committee shall be filled according to the mode of appointment provided for the member to be replaced. When a member of the executive committee fails to attend three consecutive sittings or fails to express his opinion through a means of communication and subject to the conditions determined by the board of directors under paragraph 3 of section 62.1 without a reason considered valid by the committee, he is deemed to have resigned from such office and shall be replaced in the same manner as if his office was vacant. 1973, c. 43, s. 97; 1988, c. 29, s. 30; 2008, c. 11, s. 1, s. 69.

Section 99Verify source

§ 100Section 100Provision

Source excerpt

The board of directors must set operating rules for the executive committee, including meeting, quorum, and information-sharing procedures.

100. The board of directors shall establish operating rules for the executive committee, including rules for the holding of meetings and quorum rules, and the procedure for keeping the board of directors informed of the activities of the executive committee. The operating rules for the executive committee must allow the committee to see to the day-to-day administration of the order’s business and exercise the powers delegated to it by the board of directors. Decisions of the executive committee shall be made by a majority vote of the members present or of the members who express their opinion through a means of communication and subject to the conditions determined by the board of directors under paragraph 3 of section 62.1. In the case of a tie vote, the chair has a casting vote. 1973, c. 43, s. 98; 1988, c. 29, s. 31; 1994, c. 40, s. 87; 2008, c. 11, s. 70, s. 213.

Section 100Verify source

§ 101.1Section 101.1Provision

Source excerpt

The executive director must manage the order’s affairs and report to the board of directors as the board requires.

101.1. The executive director is responsible for the general and day-today administration of the order’s affairs. He shall see to the conduct of the order’s affairs and follow up on decisions of the board of directors. He shall plan, organize, direct, supervise and coordinate the order’s human, financial, physical and information resources in accordance with sound management practices. The executive director shall report to the board of directors, to the extent and at the intervals determined by the latter, on his management, on the implementation of the board’s decisions and on any other matter relating to the pursuit of the order’s mission. 2017, c. 11, s. 57.

Section 101.1Verify source

§ 101.2Section 101.2Provision

Source excerpt

The executive director may not exercise any functions other than those of secretary of the order.

101.2. The executive director may not exercise any other functions assigned under this Code or the Act constituting the professional order of which he is the executive director other than that of secretary of the order. 2017, c. 11, s. 57.

Section 101.2Verify source

§ 101Section 101Repeal

Source excerpt

Section 101 is repealed.

101. (Repealed). 1973, c. 43, s. 99; 1994, c. 40, s. 88; 2008, c. 11, s. 71.

Section 101Verify source

§ 102Section 102Provision

Source excerpt

102. Every general meeting of the members of an order shall be called by the secretary of the order in the manner prescribed by a regulation under paragraph a of section 93. Directors who are not members of the order shall be called to such meeting in the same manner; they shall have the right to speak but not to vote. A general meeting shall be held in person, using a technological means or simultaneously in both manners. The board of directors shall set the date and time of the meeting and, if necessary, the place. 1973, c. 43, s. 100; 1988, c. 29, s. 32; 1994, c. 40, s. 89; 2020, c. 15, s. 12.

Section 102Verify source

§ 103Section 103Provision

Source excerpt

The annual general meeting of an order’s members must be held within eight months after the end of the order’s fiscal year.

103. The annual general meeting of the members of an order shall be held within eight months after the end of the fiscal year of such order. 1973, c. 43, s. 101; 1988, c. 29, s. 33; 1994, c. 40, s. 90; 2008, c. 11, s. 72; 2020, c. 15, s. 13.

Section 103Verify source

§ 103.1Section 103.1Amendment

Source excerpt

At least 30 days before the annual general meeting, the secretary of the order must send the members information about the annual assessment amount for comment.

103.1. At least 30 days before the annual general meeting, the secretary of the order must send information about the amount of the annual assessment to all the members of the order for comment. The information shall be accompanied by a draft resolution amending that amount, if applicable, the budget estimates for the fiscal year covered by the assessment, including a breakdown of the elected directors’ remuneration, and a draft annual report. 2017, c. 11, s. 58.

Section 103.1Verify source

§ 104Section 104Provision

Source excerpt

At the annual general meeting, the members must approve directors’ remuneration and appoint auditors, the secretary must file a consultation report, the members must be consulted again on the annual assessment, and the president must submit a report on the board’s activities and the order’s financial statement.

104. During the annual general meeting, (1) the members of the order shall approve the elected directors’ remuneration and appoint the auditors responsible for auditing the order’s books and accounts; (2) the secretary shall file a report on the consultation provided for in section 103.1; (3) the members of the order shall again be consulted about the amount of the annual assessment; and (4) the president of the order shall submit a report on the activities of the board of directors and the financial statement of the order. The report required under subparagraph 4 of the first paragraph must comply with the standards prescribed by regulation of the Office under subparagraph b of subparagraph 6 of the fourth paragraph of section 12 and must in particular mention the number of permits of each category issued during the preceding fiscal year. Such report is public upon its submission at the general meeting of the members of the order. It shall then be sent to the Office and to the Minister who shall lay it before the National Assembly within thirty days after it is received if the National Assembly is in session or, if it is not, within ten days after resumption. 1973, c. 43, s. 102; 1974, c. 65, s. 109; 1994, c. 40, s. 91; 2008, c. 11, s. 1, s. 73; 2017, c. 11, s. 59.

Section 104Verify source

§ 105Section 105Provision

Source excerpt

The quorum for a general meeting of the members of an order is set by the board of directors by regulation.

105. The quorum for a general meeting of the members of an order is fixed by regulation of the board of directors in accordance with paragraph a of section 93. 1973, c. 43, s. 103; 1988, c. 29, s. 34; 1994, c. 40, s. 92; 2008, c. 11, s. 1.

Section 105Verify source

§ 106Section 106Provision

Source excerpt

A special general meeting must be called and held when requested by specified officers or by enough members meeting the stated threshold.

106. A special general meeting of the members of an order shall be held at the request of the president of the order, at the request of the board of directors or at the written request of the number of members required to constitute a quorum at such meeting or of 10% of the members of the order, whichever is higher. Such request shall be addressed to the secretary, who must then call the meeting in accordance with section 102 at least 10 days before the date fixed for the meeting. The meeting must be held within 30 days of the request. 1973, c. 43, s. 104; 1994, c. 40, s. 93; 2008, c. 11, s. 1; 2017, c. 11, s. 60; 2026, c. 8, s. 22.

Section 106Verify source

§ 107Section 107Provision

Source excerpt

An order’s books and accounts must be audited every year and whenever the Government orders it.

107. The books and accounts of an order shall be audited each year and whenever the Government so orders. 1973, c. 43, s. 105; 1994, c. 40, s. 94.

Section 107Verify source

§ 108Section 108Provision

Source excerpt

An order’s fiscal year must end on 31 March.

108. The fiscal year of an order shall end on 31 March. 1973, c. 43, s. 106; 1994, c. 40, s. 95.

Section 108Verify source

§ 108.1Section 108.1Provision

Source excerpt

108.1. The Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), except sections 8, 28, 29, 32, 37 to 39, 57, 76 and 86.1 of that Act, applies to documents held by a professional order for the purpose of supervising the practice of the profession in the same way as it applies to documents held by a public body. It applies in particular to documents concerning professional training, admission, the issue of permits, specialist’s certificates or special authorizations, discipline, conciliation and arbitration of accounts, the supervision of the practice of the profession and the use of a title, professional inspection and indemnification, as well as to documents concerning the adoption of standards relating to those matters. 2006, c. 22, s. 152.

Section 108.1Verify source

§ 108.2Section 108.2Provision

Source excerpt

This section extends two information-protection statutes to certain information held by a professional order.

108.2. The Act respecting the protection of personal information in the private sector (chapter P-39.1) applies to personal information held by a professional order, other than information held for the purpose of supervising the practice of the profession, in the same way as it applies to personal information held by a person carrying on an enterprise. Despite the first paragraph, the Act respecting health and social services information (chapter R-22.1) applies, with the necessary modifications, to health and social services information, within the meaning of that Act, held by a professional order when it acts as assignee or provisional custodian of records that were held by a professional who practised his profession within a health and social services body, within the meaning of that Act, in the same way as it applies to information held by such a body. 2006, c. 22, s. 152; 2023, c. 5, s. 207.

Section 108.2Verify source

§ 108.3Section 108.3Provision

Source excerpt

A professional order may refuse to release certain supervision-related documents or information, and may also refuse to release or confirm the existence of information or a document in investigation-related circumstances.

108.3. A professional order may refuse to release the following documents or information held for the purpose of supervising the practice of the profession: (1) an opinion, recommendation or analysis made as part of an ongoing decision-making process of the order, another order or the Office, until such time as a decision has been made on the opinion, recommendation or analysis, or if no decision is made, until five years have elapsed since the date the opinion, recommendation or analysis was made; (2) information whose disclosure could hamper an audit or inspection by a person or committee mentioned in subparagraph 1 of the first paragraph of section 192 or reveal a method of investigation, auditing or inspection; and (3) an opinion, recommendation or analysis, including information allowing the author to be identified, whose disclosure could affect the outcome of judicial proceedings. Similarly, a professional order may refuse to release or confirm the existence of information or a document whose disclosure could reveal details of an investigation or affect a future or current investigation or an investigation that may be reopened. Information that allows an organization referred to in Chapter VI.3 to be identified and that is held by a person or committee referred to in subparagraph 1 of the first paragraph of section 192 in connection with an investigation, audit or inspection, is confidential unless its disclosure is otherwise authorized. 2006, c. 22, s. 152; 2024, c. 31, s. 23.

Section 108.3Verify source

§ 108.4Section 108.4Provision

Source excerpt

A professional order must refuse to release or confirm information if disclosure could cause certain harms.

108.4. A professional order must refuse to release or confirm the existence of information whose disclosure could (1) reveal the substance of the deliberations of a person, committee or disciplinary proceeding of the order that is to settle disputes or disagreements under the Act; (2) reveal a confidential source of information; (3) endanger the safety of a person; (4) cause prejudice to the person who is the source or the subject of the information; or (5) prejudice the fair hearing of a person’s case. 2006, c. 22, s. 152.

Section 108.4Verify source

§ 108.5Section 108.5Provision

Source excerpt

The president of an order has access-and-privacy duties, may delegate them to the secretary or a management staff member, and must notify the Commission d’accès à l’information of any delegation.

108.5. The president of an order shall perform the duties conferred by the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) on the person in charge of access to documents or the protection of personal information. The president is also responsible for requests for access and correction made under this division and under the Act respecting the protection of personal information in the private sector (chapter P-39.1). However, the syndic shall perform the duties mentioned in this paragraph with respect to the documents and information the syndic obtains or holds and those the syndic releases within the order. The president may designate the secretary of the order or a member of the management staff as the person responsible, and delegate all or part of the president’s duties to that person. The president must send a notice of the delegation to the Commission d’accès à l’information. 2006, c. 22, s. 152.

Section 108.5Verify source

§ 108.6Section 108.6Provision

Source excerpt

108.6. The following is public information: (1) the name, title and duties of the president, vice-president, secretary, executive director and assistant secretary, a syndic, the secretary of the disciplinary council, the officers and managers exercising the functions and powers relating to the order’s insurance business, and the personnel members of an order; (2) the name, title and duties of the directors of the board of directors and, where applicable, their field of practice and the region they represent; (3) the name, title and duties of the members of the executive committee, the professional liability insurance decision-making committee, the disciplinary council, the professional inspection committee and the review committee, as well as of the person responsible for professional inspection; (4) the name of the scrutineers designated by the board of directors under section 74; (5) the name, title and duties of a conciliator, of the members of a committee of inquiry or indemnification committee and of the members of the council of arbitration of accounts; (6) the name, title and duties of the directors and officers of the regional divisions, if any; and (7) the name, title and duties of the representative of the order on the Interprofessional Council. 2006, c. 22, s. 152; 2008, c. 11, s. 1, s. 74; 2017, c. 11, s. 61; 2018, c. 23, s. 10.

Section 108.6Verify source

§ 108.7Section 108.7Provision

Source excerpt

108.7. The information contained in the following documents of an order is also public information: (1) a resolution striking a member off the roll or limiting or suspending the member’s right to engage in professional activities, except any medical information or information concerning a third person that it may contain; (2) a resolution made under a power conferred on the order by section 159 or following a recommendation under section 158.1 or 160; (3) a resolution designating an assignee or a provisional custodian under section 91, and the description of the mandate. (4) the hearing roll of a disciplinary council; and (5) the record of a disciplinary council, from the date on which the hearing is held, subject to any order banning disclosure, access to or the publication or release of information or documents issued by the disciplinary council or the Professions Tribunal under section 142 or 173. The name of a member against whom a complaint or a request under section 122.0.1 is made and the subject of the complaint or request are also public information as of their service on the member by the secretary of the disciplinary council. 2006, c. 22, s. 152; 2008, c. 11, s. 1, s. 75; 2017, c. 11, s. 62.

Section 108.7Verify source

§ 108.8Section 108.8Offence

Source excerpt

This section makes certain information public and limits access requests for that information to specific persons, unless the request is for information needed to apply an Act.

108.8. The following is also public information: (1) the information referred to in sections 46.1 and 46.2; (2) the information concerning the places, other than his professional domicile, where a member practises his profession; and (3) the following information concerning a person who, pursuant to a regulation under subparagraph h of the first paragraph of section 94 or under an Act constituting a professional order, carries on professional activities as part of a period of professional training determined pursuant to a regulation under subparagraph i of the first paragraph of section 94 or as part of a program of study leading to a diploma giving access to a permit or a specialist’s certificate: (a) the person’s name; (b) the person’s sex; (c) information concerning the place where the person carries on professional activities; (d) the professional activities the person is authorized to carry on; (e) the dates on which the person starts and ceases to carry on professional activities; and (f) any penalties imposed on the person by the board of directors pursuant to a regulation under paragraph i of section 94. However, the information referred to in the first paragraph is not public information to the extent that its release must be refused under paragraph 3 or paragraph 4 of section 108.4. A request for access to such information must concern a specific person, except where a request pertains to information that is necessary for the application of an Act. 2006, c. 22, s. 152; 2009, c. 35, s. 7; 2024, c. 31, s. 24.

Section 108.8Verify source

§ 108.9Section 108.9Provision

Source excerpt

A person who requests it may access certain listed documents.

108.9. A person who requests it may have access to the following documents: (1) the annual report of the professional liability insurance fund, including the audited financial statements, as of the date of their transmission to the board of directors; (2) the professional liability group insurance plan contract entered into by an order in accordance with the requirements determined in a regulation referred to in paragraph d of section 93 or subparagraph p of the first paragraph of section 94, or entered into for the purposes of paragraph 3 of section 187.11, as the case may be, including any riders; (2.1) for the other types of contracts provided for in the provisions referred to in paragraph 2, the declaration or statement of a member of an order or of an organization referred to in Chapter VI.3, according to which they are covered by security consistent with the requirements determined in a regulation referred to in paragraph 2 or with the prescriptions of paragraph 3 of section 187.11 or they have been excluded or exempted, including any information relating to the nature of the exclusion or exemption; and (3) any portion of the minutes of the annual general meeting or of a special general meeting of the members of an order or of a division concerning the supervision of the practice of the profession. 2006, c. 22, s. 152; 2008, c. 11, s. 1; 2024, c. 31, s. 25.

Section 108.9Verify source

§ 108.10Section 108.10Provision

Source excerpt

A professional order may disclose certain personal information without the person’s consent in the listed situations.

108.10. A professional order may, without the consent of the person concerned, release personal information it holds on that person, or information it holds on an organization referred to in Chapter VI.3: (1) to a person or committee referred to in section 192 or to the Professions Tribunal when it is necessary for the exercise of their functions; (2) to another professional order to which this Code applies or to a body exercising similar or complementary functions for the protection of the public, when the release is necessary for an investigation or inspection or the issue of a permit; (3) to the Office for the exercise of its functions; and (4) to any other person by way of a press release, a notice or by any other means, when the information relates to professional activities or other similar activities of the person concerned that could endanger the life, health or safety of others. 2006, c. 22, s. 152; 2024, c. 31, s. 26.

Section 108.10Verify source

§ 108.11Section 108.11Provision

Source excerpt

The Commission d’accès à l’information oversees the application of this division.

108.11. The Commission d’accès à l’information is responsible for overseeing the application of this division. 2006, c. 22, s. 152.

Section 108.11Verify source

§ 109Section 109Provision

Source excerpt

A professional inspection committee is established in each order, with at least three members appointed by the board of directors and a chair designated from among them.

109. A professional inspection committee is established within each order. Such committee shall consist of not less than three members appointed by the board of directors which shall designate a chair from among them. Three members, or such greater number as the board of directors may fix by regulation, including the chair, shall be a quorum of the committee. If there is a sufficient number of members on the committee, it may sit in divisions of three members, including the chair or another member of the committee designated by the chair to act as chair of a division. 1973, c. 43, s. 107; 1975, c. 80, s. 11; 1994, c. 40, s. 96; 2008, c. 11, s. 1, s. 213.

Section 109Verify source

§ 110Section 110Provision

Source excerpt

If a committee member is absent or unable to act, that member may be replaced by an appointed person.

110. When a member of the committee is absent or unable to act, he may be replaced by a person appointed to perform his duties. 1973, c. 43, s. 108; 1994, c. 40, s. 97; 1999, c. 40, s. 58.

Section 110Verify source

§ 111Section 111Provision

Source excerpt

Specified committee members, inspectors, experts, and certain appointees must take the oath in Schedule II.

111. Each member of the committee, inspector or expert shall take the oath contained in Schedule II. The same requirement applies to a person appointed as the person responsible for professional inspections pursuant to section 90. However, the oath shall not be construed as prohibiting the sharing of useful information or documents within the order for the protection of the public. 1973, c. 43, s. 109; 1974, c. 65, s. 23; 1994, c. 40, s. 98; 1999, c. 40, s. 58; 2000, c. 13, s. 23; 2008, c. 11, s. 76.

Section 111Verify source

§ 112Section 112Offence

Source excerpt

The committee must supervise members’ professional practice and carry out inspections and reporting duties to the board and a syndic.

112. The committee shall supervise the professional practice of the members of the order. Its functions include inspecting their records, books, registers, medications, poisons, products, substances, apparatus and equipment relating to their professional practice, and inspecting the property entrusted to them by their clients or other persons. At the request of the board of directors, the committee or a committee member shall inspect the professional competence of a member of the order; the committee or a committee member may also act on its or his own initiative in this regard. The committee or a committee member may be assisted by inspectors or experts appointed by the committee as may be determined in a regulation under section 90. The inspectors must be members of the order. The committee shall send the board of directors (1) any inspection report the board requests that is the basis for recommendations for a decision of the board; (2) any report following a specific request by the board to carry out an inspection; (3) any other inspection report the board requires. On its own initiative or at the request of the board of directors, the committee shall report to the board on its activities, and make any recommendations it considers appropriate. In addition, the committee shall inform a syndic if it has reasonable grounds to believe that a professional has committed an offence referred to in the second paragraph of section 116. On its own initiative or at the request of a syndic, the committee may also, when it considers it relevant, disclose information to that syndic for the protection of the public. 1973, c. 43, s. 110; 1974, c. 65, s. 24; 1988, c. 29, s. 35; 1994, c. 40, s. 99; 2008, c. 11, s. 77; 2009, c. 35, s. 8.

Section 112Verify source

§ 113Section 113Provision

Source excerpt

The professional inspection committee may recommend that an order require a member to take refresher training or a refresher course, and may recommend restricting or suspending the member’s right to engage in professional activities until requirements are met.

113. The professional inspection committee may, for the reason it indicates, recommend to the board of directors of an order that it require a member of the order to successfully complete a period of refresher training or a refresher course, or require the member to do both, or it may recommend that any other requirement determined in a regulation under section 90 be imposed. The committee may also recommend to the board that it restrict or suspend the right of the member concerned to engage in professional activities until he has met the requirements or fulfilled the conditions imposed. 1973, c. 43, s. 111; 1988, c. 29, s. 36; 1994, c. 40, s. 100; 2000, c. 13, s. 24; 2008, c. 11, s. 1, s. 78.

Section 113Verify source

§ 114Section 114Provision

Source excerpt

This section forbids obstructing or misleading certain inspection officials, refusing inspection-related information or documents, and discouraging a professional’s information holder from cooperating or authorizing disclosure.

114. It is forbidden to hinder in any way a member of the committee, the person responsible for professional inspection appointed pursuant to section 90, an inspector or an expert, in the performance of the duties conferred upon him by this Code, to mislead him by concealment or false declarations, refuse to furnish him with any information or document relating to an inspection carried out by him under this Code or to refuse to let him take copy of such a document. Moreover, it is forbidden for a professional to urge a person holding information about the professional not to cooperate with a person mentioned in the first paragraph, or not to authorize that person, when so requested, to disclose information about the professional. 1973, c. 43, s. 112; 1974, c. 65, s. 25; 1994, c. 40, s. 101; 2000, c. 13, s. 25; 2008, c. 11, s. 79.

Section 114Verify source

§ 115Section 115Provision

Source excerpt

The professional inspection committee must report annually to the board of directors on its activities.

115. The professional inspection committee shall report annually to the board of directors on its activities. 1973, c. 43, s. 113; 2008, c. 11, s. 1, s. 80.

Section 115Verify source

§ 115.1Section 115.1Provision

Source excerpt

A bureau of disciplinary council chairs is established within the Office.

115.1. A bureau of disciplinary council chairs, known as the Bureau des présidents des conseils de discipline, is constituted within the Office. The Bureau is to consist of not more than 20 disciplinary council chairs, including a senior chair and a deputy senior chair. 2013, c. 12, s. 3.

Section 115.1Verify source

§ 115.2Section 115.2Provision

Source excerpt

The Government appoints chairs for up to five years from qualified persons selected under a government regulation-based procedure; renewed chairs are exempt from that selection procedure.

115.2. The chairs are appointed by the Government for a fixed term of not more than five years from among the persons declared qualified in accordance with the selection procedure the Government determines by regulation. The chairs exercise their functions on a full-time basis. The selection procedure does not apply to a chair whose term is renewed. 2013, c. 12, s. 3.

Section 115.2Verify source

§ 115.3Section 115.3Provision

Source excerpt

Only an advocate or notary with at least 10 years of practice and relevant legal experience may be chair of a disciplinary council.

115.3. Only an advocate or a notary who has at least 10 years of practice and possesses relevant legal experience may be the chair of a disciplinary council. 2013, c. 12, s. 3; 2024, c. 31, s. 27.

Section 115.3Verify source

§ 115.4Section 115.4Provision

Source excerpt

The Government designates a senior chair and a deputy senior chair from among the chairs.

115.4. A senior chair and a deputy senior chair are designated by the Government from among the chairs. 2013, c. 12, s. 3.

Section 115.4Verify source

§ 115.5Section 115.5Provision

Source excerpt

The selection procedure for chairs must set out how to run for office, create a selection committee, and identify the criteria the committee must consider.

115.5. The selection procedure for chairs (1) sets out the procedure for running for office; (2) provides for the establishment of a selection committee to assess the qualifications of candidates and provide an advisory opinion on them; and (3) identifies the selection criteria that the committee is to take into account. The members of a selection committee are not remunerated, except in the cases, on the conditions and to the extent determined by the Government. However, they are entitled to the reimbursement of any expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government. 2013, c. 12, s. 3.

Section 115.5Verify source

§ 115.6Section 115.6Provision

Source excerpt

The Government must determine the pay, employee benefits, and other employment conditions for the chairs, the senior chair, and the deputy senior chair.

115.6. The Government shall determine the remuneration, employee benefits and other conditions of employment of the chairs, the senior chair and the deputy senior chair. 2013, c. 12, s. 3.

Section 115.6Verify source

§ 115.7Section 115.7Provision

Source excerpt

115.7. The senior chair is responsible for the administration and overall management of the Bureau. The functions of the senior chair include (1) fostering the participation of the disciplinary council chairs in the formulation of guiding principles with a view to maintaining a high level of quality and coherence in decisions; (2) taking measures to promote the expeditious nature of complaint processing and the decision-making process; (3) consulting the professional orders to assess their particular needs; (4) coordinating and assigning the work of the chairs, who, in that respect, must comply with the senior chair’s orders and directives; (5) seeing that the chairs observe standards of ethical conduct; (6) promoting the professional development of the chairs as regards the exercise of their functions, in particular through training related to the derogatory acts referred to in section 59.1 and such acts of a similar nature as are set out in the code of ethics of the members of a professional order, and (7) periodically evaluating the knowledge and the skills of the chairs in the exercise of their functions, and their contribution to achieving the objectives set out in this division. 2013, c. 12, s. 3; 2017, c. 11, s. 63.

Section 115.7Verify source

§ 115.8Section 115.8Offence

Source excerpt

Each year, the senior chair must present the Minister with a plan on complaint processing and decision-making, including results from the previous year.

115.8. Every year the senior chair shall present to the Minister a plan setting out management objectives to ensure the quality and expeditious nature of complaint processing and the decision-making process and stating the results achieved in the preceding year. In addition to the information requested by the Minister, the plan must include the following information, which the senior chair compiles for each disciplinary council on a monthly basis: (1) the number of days on which hearings were held and the average number of hours devoted to them; (2) the number of postponements granted; (3) the nature of the complaints for which a management conference was held, and the number of such complaints; (4) the nature of the complaints and requests heard, their number and the places and dates of the hearings; (5) the nature of the complaints and requests taken under advisement, their number and the time devoted to advisement; (6) the nature and the number of decisions rendered; (7) the nature and the number of decisions appealed; and (8) the time devoted to the proceedings, from the date of receipt of the complaint or request until the beginning of the hearing or the rendering of the decision on the conviction and, if applicable, the penalty. 2013, c. 12, s. 3.

Section 115.8Verify source

§ 115.9Section 115.9Provision

Source excerpt

The senior chair may make recommendations to the Minister about improving complaint processing and decision-making.

115.9. The senior chair may make recommendations to the Minister to improve complaint processing and the decision-making process. 2013, c. 12, s. 3.

Section 115.9Verify source

§ 115.10Section 115.10Provision

Source excerpt

The deputy senior chair must exercise the functions of the senior chair when the senior chair is absent or unable to act.

115.10. The deputy senior chair shall exercise the functions of the senior chair if the latter is absent or unable to act. 2013, c. 12, s. 3.

Section 115.10Verify source

§ 115.11Section 115.11Offence

Source excerpt

The Government may dismiss, suspend, or reprimand a disciplinary council chair if the Conseil de la justice administrative recommends it after an inquiry into an ethics complaint.

115.11. The Government may dismiss, suspend or reprimand a disciplinary council chair if the Conseil de la justice administrative so recommends, after an inquiry into a complaint for breach of the code of ethics adopted under section 117.2. A complaint must be in writing and briefly set out the grounds on which it is based. The complaint is sent to the seat of the Conseil. The Conseil shall, when examining a complaint brought against a disciplinary council chair, act in accordance with the provisions of sections 184 to 192 of the Act respecting administrative justice (chapter J-3), with the necessary modifications. However, when the Conseil forms an inquiry committee under section 186 of the Act respecting administrative justice, two inquiry committee members are chosen from among the members of the Conseil referred to in paragraphs 1 to 8 and 9 of section 167 of that Act, at least one of whom shall neither practise a legal profession nor be a member of a body of the Administration whose president or chair is a member of the Conseil. The third inquiry committee member is the member of the Conseil referred to in paragraph 8.2 of that section or is chosen from a list drawn up by the senior chair of the Bureau des présidents des conseils de discipline after consulting all the disciplinary council chairs. In the latter case, if the inquiry committee finds the complaint to be justified, the third member takes part in the deliberations of the Conseil for the purpose of determining a penalty. 2015, c. 26, s. 20.

Section 115.11Verify source

§ 115.12Section 115.12Provision

Source excerpt

The Government may remove a disciplinary council chair if a permanent disability, in the Government’s opinion, prevents satisfactory performance of office duties.

115.12. The Government may remove a disciplinary council chair if, in the Government’s opinion, a permanent disability prevents the disciplinary council chair from performing the duties of office satisfactorily. Permanent disability is ascertained by the Conseil de la justice administrative after an inquiry is conducted at the request of the Minister or of the senior chair of the Bureau des présidents des conseils de discipline. The Conseil shall, when conducting an inquiry to determine whether a disciplinary council chair is suffering from a permanent disability, act in accordance with the provisions of sections 193 to 197 of the Act respecting administrative justice (chapter J-3), with the necessary modifications; however, the inquiry committee must be formed in accordance with the rules set out in section 115.11. 2015, c. 26, s. 20.

Section 115.12Verify source

§ 115.13Section 115.13Provision

Source excerpt

The Government may remove certain office-holders if the Conseil de la justice administrative recommends it after a requested inquiry into a lapse limited to that office.

115.13. The Government may remove the senior chair of the Bureau des présidents des conseils de discipline or the deputy senior chair from administrative office if the Conseil de la justice administrative so recommends, after an inquiry is conducted at the Minister’s request into a lapse pertaining only to that office. The Conseil shall, when conducting an inquiry referred to in the first paragraph, act in accordance with the provisions of sections 193 to 197 of the Act respecting administrative justice (chapter J-3), with the necessary modifications; however, the inquiry committee must be formed in accordance with the rules set out in section 115.11. 2015, c. 26, s. 20.

Section 115.13Verify source

§ 116Section 116Offence

Source excerpt

A disciplinary council handles complaints and certain requests, but complaints against officials acting in their function, and complaints covered by syndic immunity, are inadmissible.

116. A disciplinary council is constituted within each order. The disciplinary council shall be seized of every complaint made against a professional for an offence against this Code, the Act constituting the order of which he is a member or the regulations made under this Code or that Act and every request made under section 122.0.1. The disciplinary council shall also be seized of every complaint made against a former member of an order for an offence referred to in the second paragraph that was committed while he was a member of the order. In such a case, every reference to a professional or a member of the order in the provisions of this Code, the Act constituting the order of which he was a member or a regulation under this Code or the said Act shall be a reference to the former member. A complaint made against a person who exercises a function under this Code or under an Act constituting an order, including a syndic, the senior chair, the deputy senior chair or a member of a disciplinary council, by reason of acts engaged in in the exercise of that function is inadmissible. A complaint made against a professional in connection with facts for which the syndic has granted him immunity under section 123.9 is also inadmissible. 1973, c. 43, s. 114; 1994, c. 40, s. 103; 2007, c. 35, s. 17; 2008, c. 11, s. 1; 2013, c. 12, s. 4; 2017, c. 11, s. 64.

Section 116Verify source

§ 117Section 117Provision

Source excerpt

The board of directors appoints disciplinary council members other than the chair, sets their term at at least three years, and must ensure they receive training related to their duties.

117. The members of a disciplinary council other than the chair are appointed by the board of directors of the order from among the order’s members. The board of directors shall fix the duration of their term, which must be at least three years. The board of directors shall make sure that disciplinary council members, other than the chair, are offered training that is related to their functions. The training must in particular cover the derogatory acts referred to in section 59.1 and such acts of a similar nature as are set out in the code of ethics of the members of the professional order. 1973, c. 43, s. 115; 1977, c. 5, s. 229; 1994, c. 40, s. 104; 2008, c. 11, s. 1, s. 81, s. 213; 2013, c. 12, s. 5; 2017, c. 11, s. 65.

Section 117Verify source

§ 117.1Section 117.1Provision

Source excerpt

The Government must set the travel and lodging expenses for disciplinary council members appointed by the board of directors of the order, and the order must bear those expenses.

117.1. The Government shall set the travel and lodging expenses of the disciplinary council members appointed by the board of directors of the order. The expenses are borne by the order. 2013, c. 12, s. 5.

Section 117.1Verify source

§ 117.2Section 117.2Provision

Source excerpt

The Government must establish, by regulation, a code of ethics for members of the disciplinary councils after consulting the Bureau and the Québec Interprofessional Council.

117.2. The Government, after consulting with the Bureau and the Québec Interprofessional Council, shall establish, by regulation, a code of ethics applicable to members of the disciplinary councils. 2013, c. 12, s. 5.

Section 117.2Verify source

§ 117.3Section 117.3Provision

Source excerpt

The code of ethics must set the conduct rules and duties of disciplinary council members, including their duties toward the public and other parties, and it may also cover incompatible activities, disclosure-of-interest obligations, free-of-charge functions, and special rules for members other than the chair.

117.3. The code of ethics sets out the rules of conduct of disciplinary council members and their duties towards the public, the parties, the parties’ witnesses and the persons representing the parties. It defines, in particular, conduct that is derogatory to the honour, dignity or integrity of a member of a disciplinary council. In addition, the code of ethics may determine the activities or situations that are incompatible with the office held by the members of a disciplinary council, the obligations of those members concerning the disclosure of interests, and the functions the members may exercise free of charge. The code of ethics may include special rules governing disciplinary council members other than the chair. 2013, c. 12, s. 5.

Section 117.3Verify source

§ 118Section 118Repeal

Source excerpt

Section 118 is repealed.

118. (Repealed). 1973, c. 43, s. 116; 1994, c. 40, s. 105; 2008, c. 11, s. 82, s. 213; 2009, c. 35, s. 9; 2013, c. 12, s. 6.

Section 118Verify source

§ 118.1Section 118.1Repeal

Source excerpt

Section 118.1 is repealed.

118.1. (Repealed). 1994, c. 40, s. 105; 2008, c. 11, s. 213; 2013, c. 12, s. 6.

Section 118.1Verify source

§ 118.2Section 118.2Provision

Source excerpt

When their terms expire, disciplinary council members stay in office until they are reappointed or replaced.

118.2. On the expiry of their terms, the members of the disciplinary council shall remain in office until reappointed or replaced by the Government or the board of directors, as the case may be. 1994, c. 40, s. 105; 2008, c. 11, s. 1.

Section 118.2Verify source

§ 118.3Section 118.3Offence

Source excerpt

If a member cannot continue a hearing because the member is unable to act, the two remaining members may continue and decide the conviction or penalty hearing if one of them is the chair.

118.3. Where, being unable to act, a member is unable to continue with a hearing, whether it be the conviction hearing or the penalty hearing, the two remaining members, provided one is the chair, may validly proceed with the hearing and render a decision on the conviction and the penalty. 1996, c. 65, s. 1; 2008, c. 11, s. 1, s. 83; 2009, c. 35, s. 10; 2013, c. 12, s. 8.

Section 118.3Verify source

§ 118.4Section 118.4Offence

Source excerpt

If a member is replaced, the remaining two members may continue the hearing and decide conviction and penalty if one is the chair. A replaced chair may keep hearing the complaint with the senior chair’s authorization. If a decision is late, the senior chair may extend the time limit or take the matter away, and any request must be filed with the disciplinary council secretary and served on specified people.

118.4. Where a member is replaced in accordance with section 118.2, the two remaining members, provided one is the chair, may proceed with the hearing and validly render a decision on the conviction and the penalty. A chair who has been replaced may continue to hear a complaint, no matter what stage of the hearing has been reached, with the authorization of and for the length of time determined by the senior chair. Where the decision is not rendered within the time determined by the senior chair, the latter may, on the senior chair’s initiative or at the request of one of the parties, extend the time limit or withdraw the matter from the chair. The request must be filed with the secretary of the disciplinary council concerned. It must be served in accordance with the Code of Civil Procedure (chapter C-25.01) on the senior chair and the council members who are seized of the complaint, and on the parties. Before extending the time limit or withdrawing the matter from the chair, the senior chair must take the circumstances and the interest of the parties into account. 2013, c. 12, s. 8; I.N. 2016-01-01 (NCCP).

Section 118.4Verify source

§ 118.5Section 118.5Offence

Source excerpt

If the chair cannot continue, the senior chair must appoint a new chair as soon as possible; the disciplinary council may also continue the case in certain circumstances.

118.5. Where the chair is dismissed, removed from office or suspended, where a matter is withdrawn from the chair, where the chair is unable to act, or where the chair’s term of office has expired and the chair decides not to proceed with a hearing, the senior chair must designate a new chair as soon as possible to hear the complaint, no matter what stage of the hearing has been reached. Where a new chair is designated before the decision on the conviction is rendered, the disciplinary council may, with the consent of the parties, continue the proceeding and rely on the evidence already filed. Where the chair is designated after the decision on the conviction is rendered, the disciplinary council continues the proceeding at the stage of the penalty hearing. The penalty hearing is governed by the same rules for evidence already filed as those set out in the second paragraph. Where the decision on the conviction or the penalty was handed down at the hearing but not recorded in writing before a new disciplinary council chair was designated in accordance with the first paragraph, the senior chair, together with at least one other disciplinary council member, may sign the minutes of the proceeding. The decision is presumed to be in compliance with section 154 in such a case. 2013, c. 12, s. 8; 2015, c. 26, s. 21.

Section 118.5Verify source

§ 118.6Section 118.6Provision

Source excerpt

118.6. Interlocutory decisions rendered before continuance of suit remain valid. 2013, c. 12, s. 8.

Section 118.6Verify source

§ 119Section 119Repeal

Source excerpt

Section 119 is repealed.

119. (Repealed). 1973, c. 43, s. 117; 1994, c. 40, s. 106; 1999, c. 40, s. 58; 2002, c. 32, s. 1; 2008, c. 11, s. 1, s. 84, s. 213; 2013, c. 12, s. 9.

Section 119Verify source

§ 120Section 120Provision

Source excerpt

The board of directors of every order must appoint the secretary of the disciplinary council, and must appoint a replacement if the secretary is absent or unable to act.

120. The board of directors of every order shall appoint the secretary of the disciplinary council of the order. Where the secretary is absent or unable to act, the board of directors appoints a replacement for as long as the secretary is absent or unable to act. 1973, c. 43, s. 118; 1994, c. 40, s. 106; 1999, c. 40, s. 58; 2008, c. 11, s. 1; 2013, c. 12, s. 10.

Section 120Verify source

§ 120.1Section 120.1Provision

Source excerpt

The secretary must prepare and keep the disciplinary council’s records, keep a hearing roll, and make both accessible in accordance with section 120.2.

120.1. As part of his duties, the secretary shall see to the preparation and keeping of the records of the disciplinary council and ensure that access to them is available in accordance with section 120.2. He shall keep a hearing roll and ensure that access to it is available in accordance with the said section. 1994, c. 40, s. 106; 2008, c. 11, s. 1.

Section 120.1Verify source

§ 120.2Section 120.2Provision

Source excerpt

The secretary of the disciplinary council must post the hearing roll at least 10 days before the hearing. The hearing roll and record may be accessed by copy or on-site during regular office hours, but a record may be consulted only in the presence of the secretary or a person designated by him.

120.2. Access to the hearing roll may be had at the head office of the order and the hearing roll must be posted by the secretary of the disciplinary council not less than 10 days before the date set for the hearing. Access to the roll and to the record may be had by obtaining a copy or through consultation on the premises during the order’s regular office hours. However, a record may be consulted only in the presence of the secretary or a person designated by him. 1994, c. 40, s. 106; 2006, c. 22, s. 153; 2008, c. 11, s. 1.

Section 120.2Verify source

§ 120.3Section 120.3Repeal

Source excerpt

Section 120.3 is repealed.

120.3. (Repealed). 1994, c. 40, s. 106; 2006, c. 22, s. 154.

Section 120.3Verify source

§ 121Section 121Provision

Source excerpt

The board of directors of each order must appoint a syndic from among the order’s members, and may also appoint assistant syndics and corresponding syndics.

121. The board of directors of each order shall appoint, from among the members of the order, the syndic and, if need be, assistant syndics and corresponding syndics. These persons form the office of the syndic of the order. The assistant syndics and corresponding syndics are under the syndic’s authority as regards the exercise of their functions of syndic. They have the same rights, powers and obligations as the syndic. However, a corresponding syndic may not hold an inquiry except under the direction of the syndic and may not propose conciliation, lodge a complaint with the disciplinary council or appeal a decision to the Professions Tribunal. 1973, c. 43, s. 119; 1994, c. 40, s. 107; 2008, c. 11, s. 85.

Section 121Verify source

§ 121.0.1Section 121.0.1Provision

Source excerpt

The board of directors must require the syndic, and if applicable the assistant syndics and corresponding syndics, to take training and ensure that the training is offered.

121.0.1. The board of directors shall require the syndic and, if applicable, the assistant syndics and corresponding syndics to take training related to their functions and shall make sure that such training is offered to them. The training must in particular cover the derogatory acts referred to in section 59.1 and such acts of a similar nature as are set out in the code of ethics of the members of the professional order. 2017, c. 11, s. 66.

Section 121.0.1Verify source

§ 121.1Section 121.1Provision

Source excerpt

The board of directors must take steps to preserve the independence of the office of the syndic.

121.1. The board of directors must take steps to preserve the independence of the office of the syndic at all times so that the persons who form the office of the syndic may exercise their functions. 2008, c. 11, s. 85.

Section 121.1Verify source

§ 121.2Section 121.2Provision

Source excerpt

A syndic may not exercise other functions assigned under the Code or the professional order’s constituting Act, but may conciliate accounts, conduct Chapter VII inquiries, and hire an expert or other person to assist with inquiries.

121.2. A syndic may not exercise any other functions assigned under this Code or the Act constituting the professional order of which he is a member. A syndic may, however, conciliate accounts in accordance with a regulation under section 88 and conduct inquiries relating to matters covered in Chapter VII. A syndic may retain the services of an expert or of any other person to assist him in the exercise of his inquiry functions. 2008, c. 11, s. 85.

Section 121.2Verify source

§ 121.3Section 121.3Provision

Source excerpt

The board of directors may appoint a syndic ad hoc in specified circumstances, and must protect that person’s independence.

121.3. The board of directors may appoint a syndic ad hoc on the suggestion of the review committee, at the request of the syndic or, in exceptional circumstances that it must set out in the resolution of appointment, on its own initiative. A syndic ad hoc has the rights, powers and obligations of a syndic except that he does not have authority over an assistant syndic and may not be assisted by a corresponding syndic. The board must take steps to preserve the independence of a syndic ad hoc at all times. 2008, c. 11, s. 85.

Section 121.3Verify source

§ 122Section 122Offence

Source excerpt

A syndic may investigate alleged section 116 offences and obtain related information or documents; reprisals are forbidden against a person for reporting or cooperating.

122. A syndic may, following information to the effect that a professional has committed an offence referred to in section 116, inquire into the matter and require any information or document relating to the inquiry. He may not refuse to hold an inquiry on the sole ground that the request for an inquiry was not made using the form proposed under subparagraph 9 of the fourth paragraph of section 12. Section 114 shall apply to every inquiry held under this section. It is forbidden to take or threaten to take reprisals against a person on the ground that the person has sent information to a syndic to the effect that a professional has committed an offence referred to in section 116 or on the ground that the person has cooperated in an inquiry conducted by a syndic. 1973, c. 43, s. 120; 1994, c. 40, s. 108; 2008, c. 11, s. 86; 2017, c. 11, s. 67.

Section 122Verify source

§ 122.0.1Section 122.0.1Offence

Source excerpt

A syndic may ask a disciplinary council to immediately impose suspension, a provisional restriction, or conditions on a professional when related proceedings involve an offence punishable by at least five years’ imprisonment.

122.0.1. A syndic may, when of the opinion that proceedings instituted against a professional for an offence punishable by a term of imprisonment of five years or more are related to the practice of the profession, request that a disciplinary council immediately impose on the professional either a suspension or provisional restriction of the right to engage in professional activities or to use a title reserved to the members of the order, or conditions the professional must meet in order to be allowed to continue to practise the profession or to use the title reserved to the members of the order. 2017, c. 11, s. 68.

Section 122.0.1Verify source

§ 122.0.2Section 122.0.2Provision

Source excerpt

The disciplinary council secretary must forward the request and give notice within set time limits; the council must hear the request promptly and decide within 7 days after the hearing ends.

122.0.2. The syndic’s request shall be received by the secretary of the disciplinary council, who must send a copy to the senior chair as soon as possible. The request must be heard and decided by preference after notice is served on the professional and the Director of Criminal and Penal Prosecutions, or any other authority responsible for the proceedings on which the request is based, by the secretary of the disciplinary council in accordance with the Code of Civil Procedure (chapter C-25.01) at least two clear working days before the beginning of the hearing. The hearing must begin not later than 10 days after service of the request and the disciplinary council shall render its decision within 7 days following the end of the hearing. The rules for the hearing of a complaint apply to the request, with the necessary modifications. 2017, c. 11, s. 68.

Section 122.0.2Verify source

§ 122.0.3Section 122.0.3Offence

Source excerpt

After a hearing, the disciplinary council may immediately order suspension, provisional restriction, or conditions on a professional if public protection requires it.

122.0.3. Following the hearing, the disciplinary council may, if it considers that the protection of the public requires it, make an order immediately imposing on the professional either a suspension or provisional restriction of the right to engage in professional activities or to use a title reserved to the members of the order, or conditions the professional must meet in order to be allowed to continue to practise the profession or to use the title reserved to the members of the order. In rendering its decision, the disciplinary council considers how the alleged offence is related to the practice of the profession or how public trust in the order’s members could be compromised if the disciplinary council fails to issue an order. The order becomes enforceable on being served on the respondent by the secretary of the disciplinary council in accordance with the Code of Civil Procedure (chapter C-25.01). However, where the order is rendered in the presence of one of the parties, it is deemed to have been served on that party on being so rendered; the secretary shall indicate in the minutes the presence or absence of the parties when the council renders the order. The fifth, sixth and seventh paragraphs of section 133 apply to the publication of a notice of the decision. 2017, c. 11, s. 68.

Section 122.0.3Verify source

§ 122.0.4Section 122.0.4Provision

Source excerpt

122.0.4. The order under section 122.0.3 remains in force until the earliest of the following events: (1) the decision of the prosecutor to stay or withdraw all charges in the proceedings on which the request was based; (2) the decision to acquit the respondent or to stay all charges in the proceedings on which the request was based; (3) the decision of a syndic not to lodge a complaint with the disciplinary council in connection with the facts referred to in the charges in the proceedings on which the request was based; (4) the final and enforceable decision of the disciplinary council or the Professions Tribunal, as the case may be, on the request for provisional striking off the roll or immediate provisional restriction of the right to engage in professional activities filed under section 130 in respect of the complaint lodged by the syndic in connection with the facts referred to in the charges in the proceedings on which the request made under section 122.0.1 was based; and (5) the expiry of a period of 120 days from the date on which the order was made under section 122.0.3, if no complaint by the syndic or application for the renewal of an order is filed within that period. The syndic’s decision under subparagraph 3 of the first paragraph shall be served on the disciplinary council by way of a notice to the secretary of the council, who must send a copy to the senior chair and the professional. 2017, c. 11, s. 68.

Section 122.0.4Verify source

§ 122.0.5Section 122.0.5Provision

Source excerpt

122.0.5. Sections 122.0.2 and 122.0.3 apply, with the necessary modifications, to the application for the renewal of an order under section 122.0.3. 2017, c. 11, s. 68.

Section 122.0.5Verify source

§ 122.1Section 122.1Provision

Source excerpt

A syndic must inform the professional inspection committee when there are reasonable grounds to think a professional’s practice or competence should be inspected under section 112.

122.1. A syndic shall inform the professional inspection committee if he has reasonable grounds to believe that a professional’s practice of the profession or professional competence should be the subject of an inspection under section 112. On his own initiative or at the request of the professional inspection committee, a syndic may also, if he considers it relevant, disclose any information to the committee for the protection of the public. 1994, c. 40, s. 109; 2008, c. 11, s. 87.

Section 122.1Verify source

§ 122.2Section 122.2Provision

Source excerpt

A person requesting an inquiry may be assisted by another person throughout the inquiry process.

122.2. The person who requests the holding of an inquiry may be assisted by another person at any stage of an inquiry held pursuant to section 122, in particular as regards the request for the holding of an inquiry and during the procedure described in sections 123 to 123.8, and at any stage in the processing of a complaint lodged with the disciplinary council as a result of such an inquiry. 1994, c. 40, s. 109; 2008, c. 11, s. 1, s. 88.

Section 122.2Verify source

§ 123Section 123Provision

Source excerpt

A syndic must notify the person who asked for an inquiry, in writing, of the decision on whether to lodge a complaint or send the request to the professional inspection committee.

123. A syndic shall inform any person who requested the holding of an inquiry, in writing, of his decision to lodge or not to lodge a complaint with the disciplinary council as a result of the request, or of his decision to forward the request to the professional inspection committee. Where the syndic decides not to lodge such a complaint, he must, at the same time, provide the person with a written explanation of the reasons for his decision and inform him of the possibility of requesting an opinion from the review committee. Where the syndic or assistant syndic forwards the request to the professional inspection committee, he must also, at the same time, provide the person with a written explanation of the reasons for his decision. 1975, c. 80, s. 12; 1988, c. 29, s. 38; 1994, c. 40, s. 110; 2008, c. 11, s. 1, s. 89.

Section 123Verify source

§ 123.1Section 123.1Provision

Source excerpt

If a syndic has not finished an inquiry within 90 days after receiving the request, the syndic must tell the requester in writing and report on progress. The same written update must be given every 60 days after that until the inquiry is completed.

123.1. Where a syndic has not completed his inquiry within 90 days of receipt of the request for the holding of an inquiry, he must, at the end of that period, inform the person who requested the holding of an inquiry, in writing, that the inquiry has not been completed and report to him on the progress of the inquiry. Until the inquiry has been completed, a syndic must, every 60 days after the expiry of the 90-day period, inform the person who requested the holding of the inquiry, in writing, that the inquiry has not been completed and report to him on the progress of the inquiry. 1994, c. 40, s. 110; 2008, c. 11, s. 90.

Section 123.1Verify source

§ 123.2Section 123.2Offence

Source excerpt

If a complaint has been lodged with the disciplinary council, a syndic must notify the inquiry requester of the hearing details, send the council’s decision, and if the decision includes a non-disclosure order, inform the person they are bound by it.

123.2. Where a complaint has been lodged with the disciplinary council, a syndic must notify the person who requested the inquiry of the date, time and place of the hearing. He must also send that person the decision of the disciplinary council dismissing the complaint or imposing one or more of the penalties prescribed in the first paragraph of section 156. If the decision of the disciplinary council includes an order banning the disclosure, publication or release of information, he must, at the same time, inform the person that the person is bound by that order. 1994, c. 40, s. 110; 2008, c. 11, s. 91.

Section 123.2Verify source

§ 123.3Section 123.3Provision

Source excerpt

A review committee must be created in every order, with members appointed by the board of directors and a chair designated from among them.

123.3. A review committee shall be established within every order. The function of the committee is to give, on request, to a person who requested the holding of an inquiry, its opinion regarding any decision of a syndic not to lodge a complaint. The board of directors shall appoint three or more persons to the committee and designate the committee chair from among their number. At least one of the persons appointed by the board of directors shall be chosen from among the directors appointed by the Office under section 78 or from among the persons whose names appear on a list that may be compiled by the Office for that purpose. A person appointed in accordance with this paragraph shall be entitled, to the extent and on the conditions determined by the Government, to an attendance allowance and the reimbursement of reasonable expenses incurred by the person in the exercise of the function of committee member. The allowance and the reimbursement shall be payable by the Office. There shall be three persons at the sittings of the committee, including at least one chosen in accordance with the fourth paragraph. The board of directors shall require the persons appointed in accordance with the third paragraph to take training related to their functions and shall make sure that such training is offered to them. The training must in particular cover the derogatory acts referred to in section 59.1 and such acts of a similar nature as are set out in the code of ethics of the members of the professional order. Where the number of persons so permits, the committee may sit in divisions of three persons, including at least one chosen in accordance with the fourth paragraph. 1994, c. 40, s. 110; 1995, c. 50, s. 5; 2000, c. 13, s. 26; 2008, c. 11, s. 1, s. 92, s. 213; 2017, c. 11, s. 69.

Section 123.3Verify source

§ 123.4Section 123.4Provision

Source excerpt

A person who requested an inquiry may ask the review committee for an opinion within 30 days after receiving the syndic’s decision not to lodge a complaint.

123.4. Within 30 days after the date of receipt of a syndic’s decision not to lodge a complaint with the disciplinary council, the person who requested an inquiry may request an opinion from the review committee. On receiving a request for an opinion, the review committee must inform the person who requested an inquiry of his right to submit observations at any time before the opinion is given. Within 90 days after the date of receipt of the request for an opinion, the review committee shall give its opinion in writing after examining the record and the documents that a syndic is required to send the review committee, and after hearing the syndic and the person who requested an inquiry, if it decides to hear them. 1994, c. 40, s. 110; 2008, c. 11, s. 93.

Section 123.4Verify source

§ 123.5Section 123.5Provision

Source excerpt

123.5. In its opinion, the review committee must either (1) find that there is no cause to lodge a complaint with the disciplinary council; (2) suggest that the syndic complete the inquiry and subsequently render a new decision as to whether or not to lodge a complaint; or (3) find that there is cause to lodge a complaint with the disciplinary council and suggest that a syndic ad hoc be appointed who, after an inquiry, if he decides to hold one, will decide whether or not to lodge a complaint. The review committee may also suggest that a syndic refer the record to the professional inspection committee. If the review committee suggests that a syndic complete the inquiry or finds that there is cause to lodge a complaint with the disciplinary council, the order must reimburse any fees the person who requested an inquiry may have been charged under paragraph 2 of section 12.3. The review committee must send its opinion to the person who requested an inquiry and the syndic without delay. 1994, c. 40, s. 110; 2008, c. 11, s. 93.

Section 123.5Verify source

§ 123.6Section 123.6Offence

Source excerpt

A syndic may propose conciliation before a complaint is lodged, but must consider specified factors first and must not propose conciliation in certain risk or derogatory-act cases.

123.6. A syndic who considers that a settlement could be reached on the facts alleged in support of the request for an inquiry may propose conciliation to the person who made the request and the professional at any time before the complaint against the professional is lodged with the disciplinary council. If the person who requested an inquiry and the professional consent to conciliation, the syndic who proposed conciliation shall take all reasonable steps, having regard to all the circumstances, to attempt to conciliate the parties. Before proposing conciliation, a syndic must consider such factors as the gravity of the prejudice sustained and any previous conviction of the professional under this division for an offence in connection with facts similar to those alleged in support of the request for an inquiry. However, a syndic may not propose conciliation if he considers that the facts alleged in support of the request for an inquiry (1) are such that the public could be at risk or public trust in the members of the order could be compromised if the disciplinary council were not seized of the complaint; or (2) indicate that the professional may have engaged in a derogatory act within the meaning of sections 59.1 and 59.1.2. 1994, c. 40, s. 110; 2000, c. 13, s. 27; 2008, c. 11, s. 93; 2020, c. 28, s. 9.

Section 123.6Verify source

§ 123.7Section 123.7Provision

Source excerpt

A conciliation settlement must be recorded in writing, approved by the syndic acting as conciliator, and signed by the requester and the professional. Once the settlement is completed, the inquiry request is deemed closed.

123.7. Any settlement resulting from conciliation must be recorded in writing, approved by the syndic who acted as conciliator and signed by the person who requested the holding of an inquiry and by the professional. The request for the holding of an inquiry is deemed to have been closed once the settlement is completed. 1994, c. 40, s. 110; 2000, c. 13, s. 28; 2008, c. 11, s. 94; 2026, c. 8, s. 23.

Section 123.7Verify source

§ 123.8Section 123.8Provision

Source excerpt

Statements made by the inquiry requester or the professional during conciliation may not be used as proof against the professional in adjudicative proceedings, except in a disciplinary council hearing about a knowingly false statement made with intent to mislead.

123.8. The answers or statements given or made by the person who requested the holding of the inquiry or by the professional during a conciliation attempt may not be used or admitted as proof against the professional in adjudicative proceedings, except in the case of a hearing before the disciplinary council in relation to an allegation that, with the intention to mislead, the professional gave an answer or made a statement he knew to be false. 1994, c. 40, s. 110; 2008, c. 11, s. 1, s. 95.

Section 123.8Verify source

§ 123.9Section 123.9Offence

Source excerpt

A syndic may grant immunity from a disciplinary complaint to a person who reported an offence if that person is a professional who was also party to the offence, and only if the syndic considers it warranted by the circumstances.

123.9. Where the person who has sent information to the syndic to the effect that a professional has committed an offence is a professional who is himself a party to the offence, a syndic may, if the syndic considers it warranted by the circumstances, grant that person immunity from any complaint lodged with the disciplinary council in connection with the facts related to the commission of the offence. A syndic must, before granting immunity, consider such factors as the protection of the public, the importance of maintaining public trust in the members of the order, the nature and seriousness of the offence, the importance of the alleged facts for the conduct of the inquiry and their reliability, the professional’s collaboration during the inquiry and the extent of the professional’s participation in the offence. 2017, c. 11, s. 70.

Section 123.9Verify source

§ 124Section 124Provision

Source excerpt

Certain council, syndic, expert, assistant, and review committee members must take the oath in Schedule II.

124. The members and the secretary of the disciplinary council, a syndic, any expert whose services are retained by a syndic, any other person assisting a syndic under section 121.2 and the members of the review committee must take the oath set out in Schedule II. However, the oath shall not be construed as prohibiting the sharing of useful information or documents within the order for the protection of the public. Neither shall the oath be construed as prohibiting the sharing of useful information or documents between the syndics of different professional orders for the same purpose or between the syndics and the Director of Criminal and Penal Prosecutions within the scope of the powers conferred on the Director by Chapter II.1 of the Act respecting the Director of Criminal and Penal Prosecutions (chapter D-9.1.1). The second paragraph shall not however operate to authorize a syndic to disclose information that is protected by professional secrecy between an advocate or a notary and a client. 1973, c. 43, s. 121; 1994, c. 40, s. 111; 1999, c. 40, s. 58; 2008, c. 11, s. 96; 2017, c. 11, s. 71; 2018, c. 1, s. 47.

Section 124Verify source

§ 125Section 125Repeal

Source excerpt

Section 125 is repealed.

125. (Repealed). 1973, c. 43, s. 122; 1988, c. 29, s. 39; 1994, c. 40, s. 112; 1995, c. 50, s. 6; 2008, c. 11, s. 1, s. 213; 2013, c. 12, s. 13.

Section 125Verify source

§ 125.1Section 125.1Provision

Source excerpt

The syndic must send the board of directors an annual report on the activities of the office of the syndic, and must provide other activity reports if the board asks for them.

125.1. The syndic shall submit to the board of directors an annual report on the activities of the office of the syndic and, at the request of the board, any other activities report. 1994, c. 40, s. 113; 2008, c. 11, s. 97.

Section 125.1Verify source

§ 126Section 126Provision

Source excerpt

Complaints against a professional must be received by the disciplinary council secretary, who must send a copy to the senior chair as soon as possible.

126. Every complaint lodged against a professional shall be received by the secretary of the disciplinary council, who must send a copy to the senior chair as soon as possible. The disciplinary council is seized of a complaint on the date of its receipt by the secretary. 1973, c. 43, s. 123; 2008, c. 11, s. 1, s. 98; 2013, c. 12, s. 14.

Section 126Verify source

§ 127Section 127Provision

Source excerpt

A complaint must be in writing and supported by the complainant’s oath.

127. The complaint must be made in writing and supported by the oath of the complainant. The secretary of the disciplinary council may not refuse to receive a complaint on the sole ground that it was not made using the form proposed pursuant to subparagraph 9 of the fourth paragraph of section 12. 1973, c. 43, s. 124; 1994, c. 40, s. 114; 1999, c. 40, s. 58; 2008, c. 11, s. 1, s. 151; 2017, c. 11, s. 72.

Section 127Verify source

§ 128Section 128Provision

Source excerpt

A syndic must file justified complaints against a professional when the board of directors asks, and may do so on the syndic’s own initiative. Any other person may also lodge a complaint, and that person is protected from prosecution for good-faith acts done in exercising that power.

128. A syndic must, at the request of the board of directors, lodge any complaint against a professional which appears to be justified; he may also, on his own initiative, act in this regard. A complaint may also be lodged by any other person. Such a person may not be prosecuted by reason of acts engaged in good faith in the exercise of that power. 1973, c. 43, s. 125; 1994, c. 40, s. 115; 2008, c. 11, s. 1, s. 99.

Section 128Verify source

§ 129Section 129Offence

Source excerpt

A complaint must briefly state the nature, time, and place of the offence charged against the professional.

129. The complaint must state summarily the nature, time and place of the offence with which the professional is charged. 1973, c. 43, s. 126.

Section 129Verify source

§ 130Section 130Offence

Source excerpt

The complaint may ask for the respondent to be provisionally struck off the roll or provisionally restricted from professional activity if the respondent is charged with certain misconduct or offences.

130. The complaint may demand the immediate provisional striking off the roll of the respondent or the immediate provisional restriction of the respondent’s right to engage in professional activities (1) where the respondent is charged with having engaged in a derogatory act referred to in section 59.1, 59.1.1 or 59.1.2; (2) where the respondent is charged with having appropriated, without entitlement, sums of money or securities held by him on behalf of a client or with having used sums of money or securities for purposes other than those for which they were entrusted to him in the practice of his profession; (3) where the respondent is charged with having committed an offence of such a nature that the protection of the public could be compromised if the professional were to continue to practise his profession; (4) where the respondent is charged with having contravened section 114 or the second paragraph of section 122. 1973, c. 43, s. 127; 1994, c. 40, s. 116; 2004, c. 15, s. 4; 2008, c. 11, s. 100; 2013, c. 12, s. 15; 2020, c. 28, s. 10.

Section 130Verify source

§ 131Section 131Provision

Source excerpt

If service may be made under the Code of Civil Procedure, the chair of the disciplinary council exercises the listed powers from that Code.

131. Where a provision of subdivisions 2, 3 and 4 of this division prescribes that service may be made in accordance with the Code of Civil Procedure (chapter C-25.01), the powers provided in articles 112, 120, 123 and 135 of the said Code shall be exercised by the chair of the disciplinary council. 1975, c. 80, s. 13; 1994, c. 40, s. 117; 2008, c. 11, s. 1, s. 213; 2013, c. 12, s. 16; I.N. 2016-01-01 (NCCP).

Section 131Verify source

§ 132Section 132Provision

Source excerpt

The secretary of the disciplinary council must have the complaint served on the professional against whom it is lodged, using the service method set by the Code of Civil Procedure.

132. The secretary of the disciplinary council shall have the complaint served in the manner provided in the Code of Civil Procedure (chapter C‐25.01) upon the professional against whom it is lodged. 1973, c. 43, s. 128; 2008, c. 11, s. 1; I.N. 2016-01-01 (NCCP).

Section 132Verify source

§ 132.1Section 132.1Provision

Source excerpt

The senior chair or deputy senior chair may order certain complaints to be joined, but not complaints handled by disciplinary councils of different professional orders.

132.1. Complaints whose subject matter could suitably be combined, whether or not the same parties are involved, may be joined by order of the senior chair or the deputy senior chair, on the conditions they fix. The senior chair or the deputy senior chair may not, however, join complaints for which the disciplinary councils of different professional orders are responsible. An order made under the first paragraph may be revoked by the chair designated to hear the complaints if the chair believes that the interests of justice will be better served as a result. The chair’s decision cannot be appealed. 2013, c. 12, s. 17.

Section 132.1Verify source

§ 133Section 133Offence

Source excerpt

133. The secretary of the disciplinary council must send a copy of the request for provisional striking off the roll or immediate provisional restriction of the right to engage in professional activities to the senior chair as soon as possible. The request must be heard and decided by preference after notice is served on the respondent by the secretary of the disciplinary council in accordance with the Code of Civil Procedure (chapter C-25.01) at least two clear working days before the beginning of the hearing. The hearing must begin not later than 10 days after service of the complaint. Following the hearing, the disciplinary council may make an order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities against the respondent if it considers that the protection of the public requires it. The order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities becomes enforceable on being served on the respondent by the secretary of the disciplinary council in accordance with the Code of Civil Procedure. However, where the order is rendered in the presence of one of the parties, it is deemed to have been served on that party on being so rendered; the secretary shall indicate in the minutes the presence or absence of the parties when the council renders the order. The order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities remains in force until the decision of the disciplinary council dismissing the complaint or imposing a penalty, as the case may be, is served, unless the council decides otherwise. However, where the council imposes a penalty under subparagraph b or e of the first paragraph of section 156, the order imposing provisional striking off the roll or provisional restriction of the right to engage in professional activities remains in force until the decision imposing such a penalty becomes enforceable in accordance with section 158 or, where an appeal from the decision to allow the complaint or impose such a penalty is lodged, until the final decision of the Professions Tribunal becomes enforceable in accordance with the third paragraph of section 177, unless the tribunal decides otherwise. The disciplinary council must, on rendering a decision imposing provisional striking off the roll or immediate provisional restriction of the right to engage in professional activities, decide whether a notice of the decision must be published in a newspaper having general circulation in the place where the professional has his professional domicile and in any other place where the professional has practised or could practise. If the council orders the publication of a notice, it must, in addition, decide whether the publication expenses are to be paid by the professional or by the order, or apportioned between them. The secretary of the council shall choose the newspaper most likely to be read by the professional’s clientele. A notice shall include the name of the respondent, the place of his professional domicile, the name of the order of which he is a member, his specialty, if any, the date and nature of the facts with which he is charged and the date and a summary of the decision. A decision of the disciplinary council ordering the respondent or the order, or both, to pay the expenses referred to in the fifth paragraph may, if payment is not made voluntarily, be homologated by the Court of Québec, and the decision becomes enforceable in the same manner as any judgment of that court. 1975, c. 80, s. 14; 1994, c. 40, s. 118; 2004, c. 15, s. 5; 2008, c. 11, s. 1, s. 101, s. 151; 2009, c. 35, s. 11; 2013, c. 12, s. 18; I.N. 2016-01-01 (NCCP).

Section 133Verify source

§ 134Section 134Provision

Source excerpt

A professional named in a complaint must file a written appearance at the order’s head office within 10 days after service.

134. The professional contemplated in the complaint shall appear in writing, either personally or through an advocate, at the head office of the order, within ten days of the service. The written appearance may state that the professional acknowledges or denies the fault he is alleged to have committed; a professional whose written appearance contains no such statement is presumed not to have acknowledged any fault. A written contestation may be enclosed with the written appearance or filed within 10 days. 1973, c. 43, s. 129; 1975, c. 80, s. 15; 1994, c. 40, s. 119; 2008, c. 11, s. 102; 2009, c. 35, s. 12.

Section 134Verify source

§ 135Section 135Provision

Source excerpt

A party or witness summoned before the disciplinary council may be assisted or represented by an advocate.

135. Any party or witness summoned before the disciplinary council is entitled to be assisted or represented by an advocate. Subject to sections 132 and 139, any document that must be sent to a party under Divisions VII and VIII of this chapter is validly sent to the party if sent to the party’s advocate. 1973, c. 43, s. 130; 1986, c. 95, s. 70; 2008, c. 11, s. 1, s. 103.

Section 135Verify source

§ 136Section 136Repeal

Source excerpt

Section 136 is repealed.

136. (Repealed). 1973, c. 43, s. 131; 1994, c. 40, s. 120.

Section 136Verify source

§ 137Section 137Provision

Source excerpt

A disciplinary council may sit at any place in Québec.

137. A disciplinary council may sit at any place in Québec. 1973, c. 43, s. 132; 2008, c. 11, s. 1.

Section 137Verify source

§ 138Section 138Provision

Source excerpt

A disciplinary council must sit in three-member divisions. Its secretary must, as soon as possible, choose the other two members for each division from council members appointed by the board of directors. The senior chair may consider specified factors when assigning work to chairs.

138. A disciplinary council shall sit in divisions, each division consisting of three members, including the chair designated by the senior chair. The secretary of the disciplinary council shall, as soon as possible, choose from among the council members appointed by the board of directors the other two members who are to sit with the chair. In assigning work to the chairs, the senior chair may take into account their specific knowledge and experience, the number of complaints referred to them and the special needs of certain professional orders. 1973, c. 43, s. 133; 1977, c. 5, s. 229; 1994, c. 40, s. 121; 1995, c. 50, s. 7; 2008, c. 11, s. 1, s. 104, s. 213; 2013, c. 12, s. 19.

Section 138Verify source

§ 139Section 139Provision

Source excerpt

The senior chair must ensure the hearing starts within a reasonable time, usually within 120 days after the complaint is served. The secretary of the disciplinary council must give at least three clear days’ notice of the hearing date and place to the respondent and, if any, the respondent’s attorney, and serve that notice under the Code of Civil Procedure.

139. The senior chair, in collaboration with the chair and the secretary of the disciplinary council, must make sure that the hearing begins within a reasonable time. Barring particular circumstances, the hearing must begin within 120 days after service of the complaint. A notice of not less than three clear days of the date and place of the hearing must be given to the respondent and to his attorney, if any, by the secretary of the disciplinary council. Such notice shall be served in accordance with the Code of Civil Procedure (chapter C-25.01). 1973, c. 43, s. 134; 1975, c. 80, s. 16; 1986, c. 95, s. 71; 1994, c. 40, s. 122; 2008, c. 11, s. 1, s. 105; 2013, c. 12, s. 20; I.N. 2016-01-01 (NCCP).

Section 139Verify source

§ 139.1Section 139.1Provision

Source excerpt

The disciplinary council chair, or the senior chair if the chair has not yet been designated, may adjourn a hearing when the circumstances warrant it.

139.1. The disciplinary council chair or, if the latter has not yet been designated, the senior chair may adjourn a hearing if the circumstances so warrant, on the conditions the chair determines. 2015, c. 26, s. 22.

Section 139.1Verify source

§ 139.2Section 139.2Provision

Source excerpt

A notice, once notified to the secretary of a disciplinary council under the cited condition, withdraws the related complaint from the council and becomes public information when notified.

139.2. A notice of the Director of Criminal and Penal Prosecutions notified to the secretary of a disciplinary council in accordance with the second paragraph of section 24.2 of the Act respecting the Director of Criminal and Penal Prosecutions (chapter D-9.1.1) withdraws the complaint that is the subject of the notice from the disciplinary council; the notice is public information from the time it is notified. The secretary of the disciplinary council must, without delay after receiving such a notice, send it to the chair of the disciplinary council or, if the chair has not yet been appointed, to the senior chair. 2018, c. 1, s. 48.

Section 139.2Verify source

§ 140Section 140Provision

Source excerpt

A member of the disciplinary council may be recused in the cases set out in article 202 of the Code of Civil Procedure, except paragraph 5.

140. A member of the disciplinary council may be recused in the cases provided for in article 202 of the Code of Civil Procedure (chapter C‐25.01), except paragraph 5 of the said article. Articles 201 to 205 of the said Code apply with the necessary modifications to such recusation. 1973, c. 43, s. 135; 2008, c. 11, s. 1; I.N. 2016-01-01 (NCCP).

Section 140Verify source

§ 141Section 141Provision

Source excerpt

The hearing must be recorded unless all the parties waive recording.

141. The hearing shall be recorded, unless all the parties dispense with recording. 1973, c. 43, s. 136; 1994, c. 40, s. 123.

Section 141Verify source

§ 142Section 142Provision

Source excerpt

Hearings are generally public, but the disciplinary council may order a hearing in camera or forbid disclosure, publication, or release of specified information or documents in the public interest.

142. Every hearing shall be public. Notwithstanding the first paragraph, the disciplinary council may, of its own initiative or upon request, order that a hearing be held in camera or ban the disclosure, publication or release of any information or document it indicates, in the general interest or in the interest of public order, in particular to preserve professional secrecy or to protect a person’s privacy or reputation. Every person who, by performing or omitting to perform an act, infringes an order to hold a hearing in camera or an order banning disclosure, publication or release is guilty of contempt of court. 1973, c. 43, s. 137; 1986, c. 95, s. 72; 1994, c. 40, s. 124; 2008, c. 11, s. 1, s. 106.

Section 142Verify source

§ 143Section 143Provision

Source excerpt

The disciplinary council may decide questions of law or fact needed to exercise its jurisdiction, and may use legal means to find the facts alleged in a complaint.

143. The disciplinary council has the power to decide any question of law or fact necessary for the exercise of its jurisdiction. It may use all legal means to ascertain the facts alleged in a complaint. 1973, c. 43, s. 139; 2008, c. 11, s. 107.

Section 143Verify source

§ 143.1Section 143.1Provision

Source excerpt

The chair of the disciplinary council may, on a motion, dismiss a complaint or impose conditions if the chair considers it excessive, frivolous, or clearly unfounded.

143.1. The chair of the disciplinary council may, on a motion, dismiss a complaint that the chair considers excessive, frivolous or clearly unfounded or subject it to certain conditions. 2007, c. 35, s. 18; 2008, c. 11, s. 1, s. 213; 2009, c. 35, s. 13; 2013, c. 12, s. 21.

Section 143.1Verify source

§ 143.2Section 143.2Provision

Source excerpt

The chair of the disciplinary council may convene a case management conference when a complaint’s circumstances warrant it.

143.2. If warranted by the circumstances of a complaint, for instance the complexity or foreseeable duration of the hearing, the chair of the disciplinary council may, on his own initiative or at the request of one of the parties, convene them to a case management conference in order to, among other things, (1) come to an agreement with the parties as to the trial of the complaint, specifying the undertakings of the parties and determining the timetable to be complied with; (2) if the parties fail to agree, determine a timetable for the proceeding, which is binding on the parties; and (3) determine how the trial of the complaint may be simplified, facilitated or accelerated and the hearing shortened, among other things by better defining the questions at issue or recording admissions concerning any fact or document. 2007, c. 35, s. 18; 2008, c. 11, s. 1, s. 213; 2009, c. 35, s. 13; 2013, c. 12, s. 21.

Section 143.2Verify source

§ 143.3Section 143.3Provision

Source excerpt

The secretary of the disciplinary council must draw up the minutes of the case management conference, and the chair must sign them.

143.3. The minutes of the case management conference shall be drawn up by the secretary of the disciplinary council and signed by the chair. 2007, c. 35, s. 18; 2008, c. 11, s. 1, s. 213; 2009, c. 35, s. 14; 2013, c. 12, s. 21.

Section 143.3Verify source

§ 143.4Section 143.4Provision

Source excerpt

If the parties fail to comply with the agreement or timetable, the chair of the disciplinary council may make appropriate determinations, including foreclosure of a right under the agreement.

143.4. If the parties fail to comply with the agreement or the timetable, the chair of the disciplinary council may make the appropriate determinations, including foreclosure of a right under the agreement. The chair may, on request, relieve a defaulting party from default, if required in the interest of justice. 2007, c. 35, s. 18; 2008, c. 11, s. 1, s. 213; 2009, c. 35, s. 15; 2013, c. 12, s. 21.

Section 143.4Verify source

§ 143.5Section 143.5Provision

Source excerpt

If a party’s failure to participate is noted in the case management conference minutes, the disciplinary council may make appropriate case management determinations.

143.5. Once a party’s failure to participate is noted in the minutes of the case management conference, the disciplinary council may make the case management determinations it considers appropriate. 2007, c. 35, s. 18; 2008, c. 11, s. 1.

Section 143.5Verify source

§ 144Section 144Provision

Source excerpt

The disciplinary council must let the respondent present a full and complete defence.

144. The disciplinary council must permit the respondent to present a full and complete defence. The disciplinary council may conduct the hearing in the absence of the respondent if he does not appear on the date and at the place fixed therefor. 1973, c. 43, s. 140; 2008, c. 11, s. 1.

Section 144Verify source

§ 145Section 145Amendment

Source excerpt

A complaint may be amended at any time if the conditions protect the parties’ rights, but the disciplinary council must not allow an amendment that would create an entirely new complaint unrelated to the original unless all parties consent.

145. The complaint may be amended at any time, on the conditions necessary to safeguard the rights of the parties. It may be so amended to request, in particular, provisional striking off the roll under section 130. However, except with the consent of all the parties, the disciplinary council shall not allow any amendment from which an entirely new complaint unrelated to the original would result. 1973, c. 43, s. 141; 1994, c. 40, s. 126; 2008, c. 11, s. 1.

Section 145Verify source

§ 146Section 146Provision

Source excerpt

The disciplinary council must summon witnesses and may require production of documents that it or either party considers useful, using an ordinary summons signed by the secretary.

146. The disciplinary council shall summon such witnesses and require the production of such documents as it or either party considers useful by ordinary summons over the signature of the secretary. 1973, c. 43, s. 142; 2008, c. 11, s. 1.

Section 146Verify source

§ 147Section 147Provision

Source excerpt

The disciplinary council has the Superior Court’s power to require witnesses to appear and answer, and to punish refusal, except imprisonment.

147. The disciplinary council shall have all the powers of the Superior Court to compel witnesses to appear and answer, and to punish them in case of refusal, except the power to order imprisonment; for such purpose the respondent shall be deemed to be a witness. 1973, c. 43, s. 143; 1999, c. 40, s. 58; 2008, c. 11, s. 1, s. 108.

Section 147Verify source

§ 148Section 148Provision

Source excerpt

The disciplinary council must administer the oath to parties and witnesses through one of its members.

148. The disciplinary council shall, through one of its members, administer the oath to the parties and witnesses. 1973, c. 43, s. 144; 1999, c. 40, s. 58; 2008, c. 11, s. 1.

Section 148Verify source

§ 149Section 149Provision

Source excerpt

A witness or professional testifying before the disciplinary council must answer all questions, cannot refuse on the basis of professional secrecy, and the evidence is privileged in adjudicative proceedings.

149. A witness or professional testifying before the disciplinary council shall be bound to answer all questions. His evidence is privileged and cannot be used against him in any adjudicative proceedings. He may not invoke his obligation to protect professional secrecy as a ground for refusing to answer. Where in camera proceedings are ordered under section 142, every person conversant with such evidence shall be personally bound to secrecy saving the right of the president of the order of which the professional is a member and of the members of the Professions Tribunal to be informed thereof in the performance of their duties. 1973, c. 43, s. 145; 1986, c. 95, s. 73; 1994, c. 40, s. 127; 2008, c. 11, s. 1, s. 109.

Section 149Verify source

§ 149.0.1Section 149.0.1Provision

Source excerpt

If a complaint concerns a derogatory act under section 59.1 or a similar ethics-code act, several kinds of facts are presumed irrelevant, and any admissibility debate about those facts is to be held in camera.

149.0.1. Where the complaint concerns a derogatory act referred to in section 59.1 or an act of a similar nature set out in the code of ethics of the members of the professional order, the following facts are presumed to be irrelevant: (1) any fact relating to the reputation of the person who is the alleged victim of the derogatory act; (2) any fact related to the sexual behaviour of that person, other than a fact pertaining to the proceeding, and that is invoked to attack the person’s credibility; (3) the fact that the person did not ask that the behaviour cease; (4) the fact that the person did not file a complaint or exercise a recourse regarding the derogatory act; (5) any fact in connection with the delay in reporting the alleged derogatory act; and (6) the fact that the person maintained relations with the alleged perpetrator of the derogatory act. Any debate relating to the admissibility in evidence of any such fact is an issue of law and is to be held in camera, despite section 23 of the Charter of human rights and freedoms (chapter C-12). 2024, c. 37, s. 16.

Section 149.0.1Verify source

§ 149.1Section 149.1Offence

Source excerpt

A syndic may complain to the disciplinary council about certain court decisions finding a professional guilty of specified offences.

149.1. A syndic may, by way of a complaint, seize the disciplinary council (1) of any decision of a Canadian court finding a professional guilty of a criminal offence, (2) of any decision made in Québec finding a professional guilty of an offence under section 188 or of an offence under a provision of a Québec or a federal Act, or (3) of any decision made outside Québec finding a professional guilty of an offence which, if committed in Québec, could have resulted in penal proceedings under section 188 or penal proceedings under a provision of a Québec or a federal Act. The decision referred to in the first paragraph must, in the opinion of the syndic, be related to the practice of the profession. A certified copy of the judicial decision is proof before the disciplinary council that the offence was committed and that any facts reported in the decision are true. The disciplinary council then imposes on the professional, where expedient, one or more of the sanctions prescribed by section 156. 2004, c. 15, s. 6; 2008, c. 11, s. 1, s. 110; 2013, c. 12, s. 22.

Section 149.1Verify source

§ 150Section 150Offence

Source excerpt

After a conviction, the parties may be heard on the penalty, an absent party must be notified of the conviction, and the disciplinary council must impose the penalty within 60 days.

150. After the conviction, the parties may be heard with respect to the penalty. If one of the parties is absent when the disciplinary council finds the respondent guilty, the secretary shall serve a notice of such conviction upon such party in accordance with the Code of Civil Procedure (chapter C‐25.01). The disciplinary council shall impose the penalty within 60 days after the conviction. 1973, c. 43, s. 146; 1975, c. 80, s. 18; 1975, c. 83, s. 84; 2008, c. 11, s. 1, s. 111; I.N. 2016-01-01 (NCCP).

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§ 151Section 151Provision

Source excerpt

The disciplinary council may order the complainant or respondent to pay costs, and in some cases may apportion them; it may also order certain inquiry expenses to be paid. If a condemnation becomes enforceable, the secretary must prepare and serve a cost list, and a revision motion does not suspend execution.

151. The disciplinary council may condemn the complainant or the respondent to pay the costs, or it may apportion the costs between them in the proportions it indicates. However, where the complainant is a person who has lodged a complaint under the second paragraph of section 128, the disciplinary council may condemn him to pay the costs only if the respondent is acquitted of every charge contained in the complaint and the complaint was excessive, frivolous or clearly unfounded. The chair of a disciplinary council that dismisses a complaint under section 143.1 may condemn the complainant to pay the costs. The costs are those related to the processing of the complaint. They include, in particular, service costs, registration fees, the cost of expert opinion admitted in evidence as well as the indemnities payable to summoned witnesses, computed in accordance with the tariff established in the Regulation respecting indemnities and allowances payable to witnesses summoned before courts of justice (chapter C-25.01, r. 0.5). If the respondent is found guilty, the costs also include the travel and lodging expenses of the council members appointed by the board of directors of the order. The council may condemn the respondent who has been found guilty to pay a portion of the expenses incurred by the order to conduct an inquiry if the respondent acted in an excessive or unreasonable manner during the inquiry and therefore contrary to the requirements of good faith. The expenses incurred by the order to conduct an inquiry include, in particular, a syndic’s salary as well as the expenses of an investigator or expert whose services have been retained by a syndic. Where a condemnation to costs or to the expenses incurred by the order to conduct an inquiry becomes enforceable, the secretary of the disciplinary council shall draw up a list of costs or of the expenses incurred by the order to conduct an inquiry and shall have the list served in accordance with the Code of Civil Procedure (chapter C-25.01). The list may be revised by the senior chair or the deputy senior chair on a motion filed within 30 days of the date of service. At least five days’ notice in writing of the filing must be given to the parties. A motion for revision does not prevent or suspend the execution of the decision. The decision concerning the revision of the list is not subject to appeal. 1973, c. 43, s. 147; 1994, c. 40, s. 128; 1995, c. 50, s. 8; 2000, c. 13, s. 29; 2007, c. 35, s. 19; 2008, c. 11, s. 1, s. 151, s. 213; 2009, c. 35, s. 16; 2013, c. 12, s. 23; I.N. 2016-01-01 (NCCP); 2017, c. 11, s. 73.

Section 151Verify source

§ 152Section 152Offence

Source excerpt

The disciplinary council decides, instead of any court, whether the respondent is guilty of a section 116 offence or, where no other rule applies, whether the charged conduct is derogatory or the respondent’s profession or business is incompatible with professional honour or dignity.

152. The disciplinary council shall decide to the exclusion of any court, in first instance, whether the respondent is guilty of an offence referred to in section 116. Where there is no provision in this Code, the Act constituting the order of which the respondent is a member or a regulation or by-law under this Code or that Act which applies in the particular circumstances, the disciplinary council shall decide to the exclusion of any court (1) whether the act with which the respondent is charged is derogatory to the honour or dignity of the profession or to the discipline of the members of the order; (2) whether the profession the respondent practises, or the trade, enterprise or business he carries on, or the office or position he holds, is incompatible with the honour, dignity or practice of the profession. 1973, c. 43, s. 148; 1994, c. 40, s. 129; 2008, c. 11, s. 1.

Section 152Verify source

§ 153Section 153Provision

Source excerpt

The secretary must record the trial minutes and the disciplinary council’s decision in a special register.

153. The secretary shall record the minutes of the trial and the decision of the disciplinary council in a special register. The minutes shall mention if the parties have dispensed with recording and shall in such case include a summary of the hearing, including the depositions; the minutes shall constitute evidence of their contents until proof to the contrary. 1973, c. 43, s. 149; 1994, c. 40, s. 130; 2008, c. 11, s. 1.

Section 153Verify source

§ 154Section 154Provision

Source excerpt

The disciplinary council must decide by majority, record the decision in writing, and sign it by the supporting members.

154. The decision of the disciplinary council shall be rendered by a majority of the members. It shall be recorded in writing and signed by the members of the council who support it. It shall contain, in addition to the conclusions, an indication, where such is the case, that the disclosure, publication or release of certain information or documents is banned and the reasons for the decision. Despite the first paragraph, if a member refuses or neglects to give reasons, a decision may be rendered by two members on behalf of the majority, provided one of the two is the chair. 1973, c. 43, s. 150; 1986, c. 95, s. 74; 1994, c. 40, s. 131; 2008, c. 11, s. 1, s. 112, s. 213; 2013, c. 12, s. 21.

Section 154Verify source

§ 154.1Section 154.1Provision

Source excerpt

The disciplinary council must render its decision within 90 days after the matter is taken under advisement.

154.1. The disciplinary council shall render its decision within 90 days from the time the matter is taken under advisement. 1994, c. 40, s. 132; 2008, c. 11, s. 1.

Section 154.1Verify source

§ 155Section 155Repeal

Source excerpt

Section 155 is repealed.

155. (Repealed). 1973, c. 43, s. 152; 1994, c. 40, s. 133.

Section 155Verify source

§ 156Section 156Offence

Source excerpt

The disciplinary council must impose penalties on professionals convicted of certain offences, including fines, striking off the roll, revocation, and activity restrictions.

156. The disciplinary council shall impose on a professional convicted of an offence referred to in section 116, one or more of the following penalties in respect of each count contained in the complaint: (a) reprimand; (b) temporary or permanent striking off the roll, even if he has not been entered thereon from the date of the offence; (c) a fine of not less than $2,500 nor more than $62,500 for each offence; (d) the obligation to remit to any person entitled to it a sum of money the professional is or should be holding for him; (d.1) the obligation to transmit a document or the information contained in any document, and the obligation to complete, delete, update or rectify any document or information; (e) revocation of his permit; (f) revocation of his specialist’s certificate; (g) restriction or suspension of his right to engage in professional activities. The disciplinary council shall impose at least the following penalties on a professional found guilty of having engaged in a derogatory act referred to in section 59.1 or an act of a similar nature set out in the code of ethics of the members of the professional order: (a) in accordance with subparagraph b of the first paragraph, striking off the roll for at least five years, unless he convinces the council that striking off for a shorter time would be justified in the circumstances; and (b) a fine, in accordance with subparagraph c of the first paragraph. When determining the penalties to be imposed under the second paragraph, the council shall take into account (a) the seriousness of the facts of which the professional was found guilty; (b) the conduct of the professional during the syndic’s inquiry and, if applicable, during the processing of the complaint; (c) the measures taken by the professional to facilitate his reintegration into the practice of his profession; (d) how the offence is related to what characterizes the practice of the profession; and (e) the impact of the offence on public trust in the order’s members and in the profession itself. The disciplinary council shall impose at least temporary striking off the roll in accordance with subparagraph b of the first paragraph on a professional found guilty of having appropriated, without entitlement, sums of money or securities held by him on behalf of a client or of having used sums of money or securities for purposes other than those for which they were entrusted to him in the practice of his profession. For the purposes of subparagraph c of the first paragraph, when an offence is continuous, its continuity shall constitute a separate offence, day by day. In the case of a subsequent offence, the minimum and maximum fines prescribed in that subparagraph are doubled. The decision of the disciplinary council imposing one or more of such penalties may include terms and conditions. Where there is more than one penalty, it may also prescribe that the penalties apply consecutively. The disciplinary council shall, on rendering a decision imposing provisional striking off the roll or a provisional restriction or suspension of a professional’s right to engage in professional activities, decide whether a notice of the decision must be published in a newspaper having general circulation in the place where the professional has his professional domicile and in any other place where the professional has practised or could practise. If the council orders the publication of a notice, it must, in addition, decide whether publication expenses are to be paid by the professional or by the order, or apportioned between them. The secretary of the council shall choose the newspaper most likely to be read by the professional’s clientele. A notice shall include the name of the professional found guilty, the place of his professional domicile, the name of the order of which he is a member, his specialty, if any, the date and nature of the offence committed by him and the date and a summary of the decision. A decision of the disciplinary council condemning the complainant or the professional to costs, or imposing a fine on the professional or ordering him or the order, or both, to pay the expenses referred to in the seventh paragraph may, in default of voluntary payment, be homologated by the Superior Court or the Court of Québec according to their respective jurisdictions, having regard to the amount involved, and such decision shall become enforceable as a judgment of that Court. 1973, c. 43, s. 153; 1977, c. 66, s. 10; 1983, c. 54, s. 24; 1988, c. 29, s. 40; 1988, c. 21, s. 66; 1994, c. 40, s. 134; 2007, c. 25, s. 1; 2008, c. 11, s. 1, s. 113, s. 151; 2017, c. 11, s. 74.

Section 156Verify source

§ 157Section 157Offence

Source excerpt

The secretary must serve the disciplinary council’s decision on the parties within 10 days, and note in the register whether the parties were present when the decision was made.

157. Within ten days of the decision of the disciplinary council dismissing the complaint or imposing the penalty, as the case may be, and, where applicable, ordering the publication of a notice under the seventh paragraph of section 156, the secretary shall cause such decision to be served on the parties in accordance with the Code of Civil Procedure (chapter C‐25.01). However, where such decision is rendered in the presence of one of the parties, it is deemed to be served on such party in accordance with the first paragraph on being so rendered. The secretary shall indicate in the register referred to in section 153 whether the parties are present when the disciplinary council renders such decision. 1973, c. 43, s. 154; 1975, c. 80, s. 20; 1994, c. 40, s. 135; 2008, c. 11, s. 1, s. 114; I.N. 2016-01-01 (NCCP); 2017, c. 11, s. 75.

Section 157Verify source

§ 158Section 158Offence

Source excerpt

This section sets when certain disciplinary council decisions become enforceable.

158. The decision of the disciplinary council imposing one or more penalties provided in the first paragraph of section 156 shall be enforceable upon the expiry of the period for appeal in accordance with the conditions and modalities indicated therein, unless the council, on the complainant’s request, orders provisional execution of the decision upon its service on the respondent despite an appeal. However, a decision of the disciplinary council imposing permanent striking off the roll, the revocation of a permit or specialist’s certificate or a permanent restriction or suspension of a professional’s right to engage in professional activities shall be enforceable upon being served on the respondent. A decision of the disciplinary council under the seventh paragraph of section 156 shall be enforceable upon the expiry of the time limit for appeal or, if an appeal is lodged from a decision imposing temporary striking off the roll or a temporary restriction or suspension of a professional’s right to engage in professional activities pursuant to the first paragraph of section 156, upon service of the final decision of the Professions Tribunal imposing such a penalty. The disciplinary council may order that a decision under the first or third paragraph be enforceable at a time other than that referred to in those paragraphs. 1975, c. 80, s. 21; 1983, c. 54, s. 25; 1994, c. 40, s. 136; 2008, c. 11, s. 1, s. 115, s. 151; 2017, c. 11, s. 76.

Section 158Verify source

§ 158.1Section 158.1Provision

Source excerpt

A professional must pay the fine imposed by the disciplinary council, and the disciplinary council may recommend remission of all or part of the fine in specified cases.

158.1. The professional must pay to the order of which he is a member the fine imposed on him by the disciplinary council in accordance with subparagraph c of the first paragraph of section 156. The disciplinary council may recommend to the board of directors that all or part of the fine be remitted by the order to the person (1) who disbursed sums of money for the purpose of lodging a complaint under the second paragraph of section 128; (2) who was the victim of a derogatory act referred to in sections 59.1 and 59.1.2 or of an act of a similar nature set out in the code of ethics of the members of the order, to pay the cost of therapeutic care related to the act. 1994, c. 40, s. 137; 2008, c. 11, s. 1; 2017, c. 11, s. 77; 2020, c. 28, s. 11.

Section 158.1Verify source

§ 159Section 159Provision

Source excerpt

The secretary must inform the person entitled to a sum; the order may pay that sum after appeal ends, and can later recover it from the professional. The professional is automatically struck off until full reimbursement, and the board may suspend that striking off if the professional gives a written undertaking to repay.

159. When a decision of the disciplinary council requires the professional to remit a sum of money in accordance with subparagraph d of the first paragraph of section 156, the secretary of the council shall inform the person entitled to that sum as soon as possible. Within 10 days after an appeal is dismissed or, if none is lodged, within 10 days after the time limit for appeal expires, the order may pay the sum fixed by the council to the person entitled to it. In such a case, the order is subrogated to the rights of the person entitled to the sum and may then recover the sum from the offending professional by having the council’s decision homologated by the Superior Court or the Court of Québec, depending on which court has jurisdiction given the amount involved, in the judicial district in which the professional has his professional domicile. Once homologated, the council’s decision becomes enforceable as a judgment of the court. Prescription runs against the order from the date the sum is paid. In the case of the preceding paragraph, the professional is automatically struck off the roll from the day on which the order pays to the person entitled to it the amount of money fixed by the disciplinary council, until such time as the professional fully reimburses the order in principal, interest and costs; this reimbursement shall not terminate his being struck off under another decision. The board of directors of the order may, upon motion, suspend a striking off made under this section, provided that the professional struck off undertakes in writing to reimburse fully the amount that he owes, within a fixed time. 1973, c. 43, s. 155; 1988, c. 21, s. 66; 1994, c. 40, s. 138; 1999, c. 40, s. 58; 2008, c. 11, s. 1, s. 116; 2013, c. 12, s. 24.

Section 159Verify source

§ 160Section 160Provision

Source excerpt

The disciplinary council may recommend refresher training, a refresher course, or both, and may recommend restricting or suspending the professional’s right to practise until that is completed.

160. A decision of the disciplinary council may, for any reason indicated by the council, include a recommendation to the board of directors of the order that it require the professional to successfully complete a period of refresher training or a refresher course, or both, and that it restrict or suspend the professional’s right to engage in professional activities until that requirement is met. A decision of the disciplinary council may also recommend that a professional found guilty of having engaged in a derogatory act referred to in section 59.1 be required to undergo training, psychotherapy or an intervention program to allow him to improve his behaviour and attitudes and facilitate his reintegration into the practice of the profession. 1973, c. 43, s. 156; 1988, c. 29, s. 41; 1994, c. 40, s. 139; 2000, c. 13, s. 30; 2008, c. 11, s. 1; 2017, c. 11, s. 78.

Section 160Verify source

§ 161Section 161Offence

Source excerpt

161. Except in the case of a professional struck off the roll for a derogatory act referred to in section 59.1 or for an act of a similar nature set out in the code of ethics of the members of his professional order, a professional struck off the roll or whose right to engage in professional activities has been restricted or suspended by the disciplinary council may, as long as one of those penalties is in force, request, by way of a petition to the disciplinary council filed with the secretary, that he be entered on the roll, in the case of a striking off the roll, or that he be allowed to resume his full right to practise, in the case of a restriction or suspension. The secretary must send a copy of the petition to the senior chair as soon as possible. At least 10 days before the petition is filed, it must be served on the syndic in accordance with the Code of Civil Procedure (chapter C-25.01); the syndic may contest the request. If the disciplinary council is of opinion that the petition should be granted, it shall make an appropriate recommendation to the board of directors, which shall decide finally. If the council dismisses the petition, no new petition may be submitted before the expiry of the penalty unless the council so authorizes. The decisions of the council are not subject to appeal. 1973, c. 43, s. 157; 1988, c. 29, s. 42; 2008, c. 11, s. 1, s. 117; 2013, c. 12, s. 25; I.N. 2016-01-01 (NCCP); 2017, c. 11, s. 79.

Section 161Verify source

§ 161.0.1Section 161.0.1Offence

Source excerpt

A struck-off professional must apply for an opinion to be reinstated, and must show good conduct, compliance with the final decision, and steps to avoid repeating the offence.

161.0.1. A professional struck off the roll for a derogatory act referred to in section 59.1 or for an act of a similar nature set out in the code of ethics of the members of his professional order must, in order to be again entered on the roll, request an opinion from the disciplinary council on or after the 45th day before the end of the time for which he is struck off, by way of a petition served on the council’s secretary, the order’s syndic and the senior chair at least 10 days before it is to be filed. The professional must show that he has the appropriate behaviour and attitude to be a member of the order, has complied with the final and enforceable decision of the council or of the Professions Tribunal, as the case may be, and has taken the necessary measures to avoid repeating the offence for which he was struck off the roll. If the petition is receivable, the disciplinary council shall, in its opinion, make an appropriate recommendation to the board of directors that may be accompanied by a restriction of the right to engage in professional activities or by other conditions it considers reasonable for the protection of the public. The board of directors shall decide the matter finally. 2017, c. 11, s. 80.

Section 161.0.1Verify source

§ 161.1Section 161.1Commencement

Source excerpt

The disciplinary council may correct its own decisions for clerical or calculation errors, and may also correct them on a party’s motion if no appeal has been filed and the decision has not yet been executed.

161.1. The disciplinary council may correct a decision it has rendered where the decision contains an error in writing, a mistake in calculation or any other clerical error. The decision may be corrected by the disciplinary council of its own initiative, as long as execution of the decision has not commenced. Unless an appeal has been lodged, a correction may be effected at any time on the motion of one of the parties, served on the other parties in accordance with the Code of Civil Procedure (chapter C‐25.01). 1994, c. 40, s. 140; 2008, c. 11, s. 1; I.N. 2016-01-01 (NCCP).

Section 161.1Verify source

§ 162Section 162Provision

Source excerpt

A Professions Tribunal is made up of eleven Court of Québec judges designated by the chief judge, who also names a chair and vice-chair.

162. A Professions Tribunal is established, composed of eleven judges of the Court of Québec designated by the chief judge of such Court who shall designate among them a chair and a vice-chair. If the chair is absent or unable to act, he shall be replaced by the vice-chair. If another judge of the Tribunal is absent, the chief judge of the Court of Québec may designate a judge of such Court to replace him. The replacement shall last until the chair or the judge resumes the exercise of his functions or is replaced. A judge seized of a case the hearing of which has begun may complete such a case despite the expiry of the term of replacement. 1973, c. 43, s. 158; 1974, c. 65, s. 26; 1988, c. 29, s. 43; 1988, c. 21, s. 66; 1994, c. 40, s. 141; 1999, c. 40, s. 58; 2008, c. 11, s. 213; 2024, c. 31, s. 28.

Section 162Verify source

§ 162.1Section 162.1Provision

Source excerpt

The tribunal chair must receive the same additional remuneration as the associate chief judge of the Court of Québec, and is entitled to the same allowance for official expenses.

162.1. The chair of the tribunal shall receive the same additional remuneration as the additional remuneration to which the associate chief judge of the Court of Québec is entitled, and shall be entitled to the same allowance for official expenses. 2000, c. 13, s. 31; 2008, c. 11, s. 213.

Section 162.1Verify source

§ 163Section 163Provision

Source excerpt

This section sets how many judges hear appeals and applications, and allows limited referral to a three-judge panel.

163. The hearing of the appeal on the merits shall be conducted before three judges of the tribunal. For all other matters, the tribunal shall consist of the chair or the judge designated by the chair. However, the judge hearing an application may refer it to a panel of three judges, except in the case of an application made under the second paragraph of section 171 or pursuant to the second paragraph of section 172. Where the tribunal consists of a panel of three judges and one of their number ceases to act, whatever the cause, the hearing may be continued and a decision may be made by the two remaining judges. 1973, c. 43, s. 159; 1974, c. 65, s. 26; 1975, c. 80, s. 22; 1977, c. 66, s. 11; 1988, c. 29, s. 44; 1994, c. 40, s. 142; 2000, c. 13, s. 32; 2008, c. 11, s. 213; I.N. 2016-01-01 (NCCP).

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§ 164Section 164Offence

Source excerpt

164. An appeal lies to the Professions Tribunal from (1) a decision of the disciplinary council ordering a provisional striking off the roll, a suspension or a provisional restriction of the right to engage in professional activities or to use a title reserved to the members of the order, setting conditions the professional must meet in order to be allowed to continue to practise the profession or to use the title reserved to the members of the order, allowing or dismissing a complaint or imposing a penalty; (1.1) a decision of the disciplinary council on the publication of a notice under the fifth paragraph of section 133 or the seventh paragraph of section 156 and, for the professional or, on a resolution of the board of directors of the order, for a syndic, from a decision on the payment of publication expenses in accordance with those paragraphs; (2) any other decision of the disciplinary council, with leave of the tribunal, if the latter considers that the decision determines part of the dispute or causes irremediable injury to a party, including if it allows an objection to evidence. Any other decision of the disciplinary council rendered in the course of a trial, except one that allows an objection to evidence, may only be challenged on an appeal against the decision on the merits. Every appeal shall be brought by way of an application served on the parties and on the secretary of the disciplinary council in accordance with the Code of Civil Procedure (chapter C-25.01). The application, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile, within 30 days of the service of the decision. However, no appeal from a decision allowing a complaint may be brought later than thirty days after the date of service of the decision imposing a penalty. The parties other than the appellant must file a representation statement at the office of the Court of Québec within 10 days of receipt of the application for appeal. Within 30 days of receipt of the notice of appeal, the secretary of the disciplinary council shall send the original and three copies of the record to the clerk of the Court of Québec and one copy to each of the parties. The record shall include the complaint, the subsequent written proceedings, the minutes of the proceeding, the decision of the council and the application. The record shall also include the exhibits produced and a transcript of the hearing if it has been recorded, where the complainant in first instance is a person having lodged a complaint under the second paragraph of section 128. The tribunal may: (a) on application by the secretary of the council, extend the time provided in the fifth paragraph; (b) on application by one of the parties, allow that certain contents of the record be not reproduced in the copies which must be sent in accordance with the fifth paragraph. 1973, c. 43, s. 160; 1974, c. 65, s. 27; 1975, c. 80, s. 23; 1988, c. 29, s. 45; 1988, c. 21, s. 66; 1994, c. 40, s. 143; 1999, c. 40, s. 58; 2004, c. 15, s. 7; 2007, c. 35, s. 20; 2008, c. 11, s. 1, s. 118, s. 213; 2009, c. 35, s. 17; 2008, c. 11, s. 118; 2013, c. 12, s. 26; I.N. 2016-01-01 (NCCP); 2017, c. 11, s. 81; 2023, c. 3, s. 23.

Section 164Verify source

§ 165Section 165Provision

Source excerpt

The tribunal and its members have the same powers and immunity as public inquiry commissioners, except imprisonment power. They may set procedural orders under the Code of Civil Procedure. Court of Québec staff in the district where the tribunal sits must provide their usual services to the tribunal.

165. The tribunal and each of its members shall have the powers and immunity conferred upon commissioners appointed under the Act respecting public inquiry commissions (chapter C‐37), except the power to order imprisonment. The tribunal or a member thereof may, on the basis of the Code of Civil Procedure (chapter C‐25.01), with the necessary modifications, prescribe such orders of procedure as the exercise of its functions may require. The clerk and the officers and employees of the Court of Québec of the district in which the tribunal sits must provide it with the services they usually provide to the Court of Québec itself. 1973, c. 43, s. 161; 1975, c. 80, s. 24; 1988, c. 21, s. 66; 1992, c. 61, s. 169; 1994, c. 40, s. 144; I.N. 2016-01-01 (NCCP).

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§ 166Section 166Provision

Source excerpt

An appeal generally suspends enforcement of a disciplinary council decision, but provisional execution can be ordered in specified cases.

166. Subject to the second paragraph, an appeal shall suspend the execution of the decision of the disciplinary council, unless the tribunal or the council itself, under section 158, orders provisional execution of the decision. The tribunal may, however, terminate the provisional execution ordered by the council. The following orders and decisions shall be enforceable notwithstanding an appeal, unless the tribunal orders otherwise: (1) an order for provisional striking off the roll or provisional restriction of the right to engage in professional activities under section 133; (1.1) an order under section 122.0.3 imposing immediately on the professional either a suspension or provisional restriction of the right to engage in professional activities or to use a title reserved to the members of the order, or conditions the professional must meet in order to be allowed to continue to practise the profession or to use the title reserved to the members of the order; (2) an order prohibiting the disclosure, publication or release of information under section 142; (3) a decision imposing permanent striking off the roll, revocation of a permit or specialist’s certificate or a permanent restriction or suspension of a professional’s right to engage in professional activities under any of subparagraphs b, e, f and g of the first paragraph of section 156; (4) a decision imposing provisional striking off the roll pursuant to the second or fourth paragraph of section 156. 1973, c. 43, s. 162; 1994, c. 40, s. 145; 2004, c. 15, s. 8; 2008, c. 11, s. 119, s. 151; 2017, c. 11, s. 82.

Section 166Verify source

§ 167Section 167Provision

Source excerpt

The appellant and the other parties must file and serve factums within 60 days, and each factum must be limited to the material needed to decide the issues unless the record already includes exhibits and a hearing transcript.

167. Within 60 days of receipt of his copy of the record, the appellant must file at the office of the Court of Québec the original and three copies of a factum setting out his claims, and give a copy thereof to each of the other parties. Within 60 days of receipt of their copies of the factum, the other parties must file the original and three copies of their own factums at the office of the court, and give a copy thereof to the appellant. Unless the record includes exhibits produced and a transcript of the hearing, each party’s factum must include only the exhibits and extracts from the evidence that are necessary to determine the questions at issue, in accordance with the regulations of the Professions Tribunal. If the appellant does not file his factum within the time fixed, the appeal may be dismissed; if the other parties are in default, the tribunal may refuse to hear them. 1973, c. 43, s. 163; 1988, c. 29, s. 46; 1988, c. 21, s. 66; 1994, c. 40, s. 146; 1999, c. 40, s. 58; 2008, c. 11, s. 120; I.N. 2016-01-01 (NCCP); 2020, c. 15, s. 14.

Section 167Verify source

§ 168Section 168Provision

Source excerpt

The tribunal may admit a copy or extract of a document as evidence if the original is not available.

168. The tribunal may admit, as evidence, a copy of or extract from a document, if the original is not available. 1973, c. 43, s. 164; 1994, c. 40, s. 147.

Section 168Verify source

§ 169Section 169Provision

Source excerpt

The tribunal may authorize new written or oral evidence in exceptional circumstances when justice requires it.

169. The tribunal may also, by reason of exceptional circumstances and where the ends of justice so require, authorize the presentation of new and indispensable written or verbal evidence. The application for authorization shall be written and sworn; it shall be presented to the tribunal for adjudication after notice to the opposite party. If the application is heard, each party may examine and cross-examine the witnesses summoned and present his arguments. 1973, c. 43, s. 165; 1974, c. 65, s. 28; 1994, c. 40, s. 148; I.N. 2016-01-01 (NCCP).

Section 169Verify source

§ 170Section 170Provision

Source excerpt

Every party has the right to be assisted or represented by an advocate.

170. Every party has the right to be assisted or represented by an advocate. 1973, c. 43, s. 166; 1986, c. 95, s. 75.

Section 170Verify source

§ 171Section 171Provision

Source excerpt

The tribunal chair or a designated judge must set the appeal hearing date.

171. The chair of the tribunal or a judge designated by him shall fix the date for hearing the appeal. Upon an application from one of the parties, served on the other parties in accordance with the Code of Civil Procedure (chapter C‐25.01), the chair or the judge designated by him may decide that the appeal will be heard and decided by preference. 1973, c. 43, s. 167; 1975, c. 80, s. 25; 1994, c. 40, s. 149; 2008, c. 11, s. 121, s. 213; I.N. 2016-01-01 (NCCP).

Section 171Verify source

§ 172Section 172Provision

Source excerpt

The tribunal must sit in Québec or Montréal, based on the respondent’s professional domicile, and may change the appeal hearing district on application by a served party.

172. The tribunal shall sit in the judicial district of Québec or Montréal, depending on whether the respondent in first instance has his professional domicile in a district that is under the territorial jurisdiction of the Court of Appeal sitting at Québec or at Montréal pursuant to article 40 of the Code of Civil Procedure (chapter C‐25.01). However, on application by a party served on the other parties in accordance with the Code of Civil Procedure, the tribunal may decide that the appeal will be heard in the judicial district in which the respondent in first instance has his professional domicile or, where the complainant in first instance is a person having lodged a complaint under the second paragraph of section 128, in the judicial district of the domicile of the complainant. The application may be filed in any district referred to in this section. The hearing shall take place in the district in which the application is filed. 1975, c. 80, s. 26; 1994, c. 40, s. 150; 2000, c. 13, s. 33; 2008, c. 11, s. 122; I.N. 2016-01-01 (NCCP).

Section 172Verify source

§ 173Section 173Provision

Source excerpt

Hearings are public, but the tribunal may order an in camera hearing or restrict disclosure in certain cases, and breaching such an order is contempt of court.

173. Every hearing shall be public. Notwithstanding the first paragraph, the tribunal may, of its own initiative or upon request, order that a hearing be held in camera or ban the disclosure, publication or release of any information or document it indicates, in the interest of morality or public order, in particular to preserve professional secrecy or to protect a person’s privacy or reputation. Every person who, by performing an act or omitting to perform an act, infringes an order to hold a hearing in camera or an order banning disclosure, publication or release is guilty of contempt of court. 1973, c. 43, s. 168; 1986, c. 95, s. 76; 2008, c. 11, s. 123.

Section 173Verify source

§ 174Section 174Provision

Source excerpt

The rules in sections 149 and 149.0.1 apply to the tribunal hearing, with necessary modifications.

174. The rules provided in sections 149 and 149.0.1 shall apply to the hearing before the tribunal, with the necessary modifications. 1973, c. 43, s. 169; 2024, c. 37, s. 17.

Section 174Verify source

§ 175Section 175Substitution

Source excerpt

The tribunal may change, replace, or cancel a decision sent to it, order or share costs, and impose penalties or send the record back to the disciplinary council.

175. The tribunal may confirm, alter or quash any decision submitted to it and render the decision which it considers should have been rendered in first instance. It may, in particular, substitute any other penalty prescribed by the first paragraph of section 156 for a penalty imposed by the disciplinary council if, in its opinion, that penalty should have been imposed in first instance. The tribunal has power to order any of the parties to pay the costs or to apportion such costs among them. The costs are costs arising from the hearing and include the cost of preparing and forwarding the record of the appeal, the service costs, registration fees and, where applicable, the cost of expert opinion admitted in evidence as well as the indemnities payable to summoned witnesses, computed in accordance with the tariff established in the Regulation respecting indemnities and allowances payable to witnesses summoned before courts of justice (chapter C-25.01, r. 0.5) and, where applicable, the costs referred to in section 151. However, where the complainant in first instance is a person who lodged a complaint under the second paragraph of section 128, the tribunal may condemn him to pay the costs only if it has acquitted the professional of all the charges contained in the complaint and the complaint was excessive, frivolous or clearly unfounded. If the tribunal finds the respondent guilty after the disciplinary council had acquitted him, it may impose one or more of the penalties prescribed by the first paragraph of section 156, after having given the parties the opportunity to be heard on the subject of the penalties. The tribunal may also decide to return the record to the disciplinary council so that the council may impose one or more of the penalties prescribed by the said section. 1973, c. 43, s. 170; 1975, c. 80, s. 27; 1982, c. 16, s. 1; 1994, c. 40, s. 153; 2000, c. 13, s. 34; 2007, c. 35, s. 21; 2008, c. 11, s. 1.

Section 175Verify source

§ 176Section 176Provision

Source excerpt

Tribunal decisions must be recorded in writing and signed by the judges who rendered them.

176. Every decision of the tribunal shall be recorded in writing and signed by the judges who rendered it. It shall contain, in addition to the conclusions, an indication, where such is the case, that the disclosure, publication or release of certain information or documents is banned and the reasons on which it is based. 1973, c. 43, s. 171; 1986, c. 95, s. 77; 1994, c. 40, s. 154; 2008, c. 11, s. 124.

Section 176Verify source

§ 177Section 177Provision

Source excerpt

The clerk of the Court of Québec must serve the tribunal’s final decision on the parties and the disciplinary council secretary within 10 days.

177. Within ten days of the final decision of the tribunal, the clerk of the Court of Québec of the district where the tribunal held its sittings shall cause such decision to be served on the parties and on the secretary of the disciplinary council in accordance with the Code of Civil Procedure (chapter C‐25.01). However, when such decision is rendered in the presence of one of the parties, it is deemed to be served on such party in accordance with the first paragraph on being so rendered. The final decision of the tribunal is enforceable from its service on the respondent in first instance. 1973, c. 43, s. 172; 1975, c. 80, s. 28; 1988, c. 21, s. 66; 2008, c. 11, s. 1, s. 151; I.N. 2016-01-01 (NCCP).

Section 177Verify source

§ 177.0.1Section 177.0.1Provision

Source excerpt

A person entitled to appeal costs must prepare a bill of costs and serve it on the party who owes the costs, with at least 5 days’ notice before filing it with the clerk.

177.0.1. The party entitled to appeal costs shall draw up a bill thereof and have it served, in accordance with the Code of Civil Procedure (chapter C‐25.01), upon the party who owes the costs with a notice of a least five days from the date on which it will be filed for taxation to the clerk; the latter may require proof to be made under oath or by witnesses. The bill of costs drawn up may be revised by the tribunal within 30 days, upon an application served on the opposite party in accordance with the Code of Civil Procedure. The application for revision does not prevent or suspend the execution of the decision. The judgment rendered by the tribunal on the determination of costs is final and not subject to appeal. The determination of costs established by the clerk or by the tribunal may, if payment is not made voluntarily, be homologated by the Superior Court or the Court of Québec, according to their respective jurisdictions having regard to the amount involved, by the mere filing of the bill of costs with the clerk of the court and the bill of costs becomes enforceable as a judgment of that court. 2000, c. 13, s. 35; 2008, c. 11, s. 125, s. 151; I.N. 2016-01-01 (NCCP).

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§ 177.1Section 177.1Commencement

Source excerpt

The tribunal may correct certain errors in its decisions, revise decisions in specified cases, and may grant relief from missing the revision deadline in limited circumstances.

177.1. The tribunal may correct a decision it has rendered where the decision contains an error in writing, a mistake in calculation or any other clerical error. The decision may be corrected by the tribunal of its own initiative, as long as execution of the decision has not commenced. A correction may be effected at any time on application by one of the parties, served on the other parties in accordance with the Code of Civil Procedure (chapter C‐25.01). Moreover, the tribunal may revise any decision it has rendered (1) where a new fact is discovered which, if it had been known in due time, might have justified a different decision; (2) where a substantive or procedural defect is likely to invalidate the decision; (3) (subparagraph repealed). The application for revision must be filed within 15 days counting, according to circumstances, from the day on which the party became aware of the decision, the new fact or the substantive or procedural defect likely to invalidate the decision. The time limit of 15 days is peremptory; however, the tribunal may, on an application, and provided that no more than six months have elapsed since the decision, relieve a party of the consequences of a failure to comply with the time limit if the party shows that it was, in fact, impossible to act sooner. 1988, c. 29, s. 47; 1994, c. 40, s. 155; 2000, c. 13, s. 36; I.N. 2016-01-01 (NCCP).

Section 177.1Verify source

§ 178Section 178Repeal

Source excerpt

Section 178 is repealed.

178. (Repealed). 1974, c. 65, s. 29; 1988, c. 29, s. 48; 1994, c. 40, s. 156.

Section 178Verify source

§ 179Section 179Provision

Source excerpt

The secretary of the disciplinary council must send each relevant decision to the Office within 45 days after it is rendered.

179. Each decision of the disciplinary council or of the Professions Tribunal on an appeal from a decision of that council shall be sent by the secretary of the disciplinary council to the Office within 45 days of the day on which it is rendered. 1973, c. 43, s. 173; 1974, c. 65, s. 109; 1988, c. 29, s. 49; 1994, c. 40, s. 157; 2008, c. 11, s. 1.

Section 179Verify source

§ 180Section 180Offence

Source excerpt

The disciplinary council secretary must notify affected professionals of the final decision, and must publish the notice in a newspaper in certain cases.

180. The secretary of the disciplinary council must send to each member of the order to which a professional belongs who is provisionally, temporarily or permanently struck off the roll, whose right to practise is restricted or suspended or whose permit or specialist’s certificate is revoked, a notice of the final decision of the disciplinary council or the Professions Tribunal, as the case may be, imposing the striking off, restriction, suspension or revocation and, where applicable, a notice of any decision of the disciplinary council correcting such a decision or the tribunal correcting or revising such a decision. The notice shall contain the name of the professional, the place of his professional domicile, the name of the order of which he is a member, his specialty, if any, the nature and the date of the facts with which he is charged, in the case of provisional striking off or provisional restriction of the right to engage in professional activities, or of the offence committed and a summary and the date of the decision. In addition, where the professional has been permanently struck off or where he has had his right to practise permanently restricted or suspended or his permit or specialist’s certificate revoked, the secretary of the disciplinary council must publish the notice in a newspaper having general circulation in the place where the professional had his professional domicile. The secretary of the council may also have a notice published in a newspaper having general circulation in any other place where the professional has practised or could practise. The secretary of the council shall choose the newspaper most likely to be read by the professional’s clientele. The order may recover the expenses incurred for publication of the notices provided for in this section from the professional concerned. 1973, c. 43, s. 174; 1975, c. 80, s. 29; 1988, c. 29, s. 50; 1994, c. 40, s. 158; 2004, c. 15, s. 9; 2008, c. 11, s. 1, s. 126.

Section 180Verify source

§ 180.1Section 180.1Repeal

Source excerpt

Section 180.1 is repealed.

180.1. (Repealed). 1988, c. 29, s. 50; 1994, c. 40, s. 159.

Section 180.1Verify source

§ 180.2Section 180.2Provision

Source excerpt

Notices under section 180(1) may be published or inserted in an official or regular publication sent to members; if published, they must appear in a delimited space with a heading that clearly states the notice concerns the restriction or suspension of practice rights, striking off the roll, or permit revocation.

180.2. The notices provided for in the first paragraph of section 180 may be published or inserted in an official or regular publication of the order sent to each of its members. If published, a notice must be presented within a delimited space, under a heading clearly stating that the notice concerns the restriction or suspension of a member’s right to practise, a member’s being struck off the roll or the revocation of a member’s permit. 1988, c. 29, s. 50; 1994, c. 40, s. 160; 2008, c. 11, s. 127.

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§ 181Section 181Provision

Source excerpt

The secretary of the disciplinary council must file an annual report to the board of directors of the order about the council’s activities.

181. The secretary of the disciplinary council must make an annual report to the board of directors of the order on the activities of the disciplinary council. This report must indicate in particular the number and nature of the complaints received, the number dismissed, and the number and nature of the convictions pronounced. 1973, c. 43, s. 175; 1994, c. 40, s. 161; 2008, c. 11, s. 1.

Section 181Verify source

§ 182Section 182Provision

Source excerpt

The Office must make certain decisions under this division public, unless an order under section 142 or 173 bars disclosure, publication, or release of information or documents.

182. The Office shall see to it that certain decisions under this division are made public, subject to any order banning the disclosure, publication or release of information or documents issued by the disciplinary council or the Professions Tribunal under section 142 or 173. A decision made public must, however, indicate the name of the order concerned. 1973, c. 43, s. 176; 1974, c. 65, s. 109; 1975, c. 80, s. 30; 1983, c. 54, s. 26; 1988, c. 29, s. 51; 1994, c. 40, s. 162; 2000, c. 13, s. 37; 2008, c. 11, s. 1, s. 128.

Section 182Verify source

§ 182.1Section 182.1Provision

Source excerpt

182.1. This division applies to appeals to the Professions Tribunal from the following decisions: (1) a decision of the board of directors under section 45 or 45.1, the third paragraph of section 45.3, section 51, the second paragraph of section 52, section 52.1, the third paragraph of section 55, sections 55.1 to 55.3, the second paragraph of section 187, the first paragraph of section 187.4.1 or the second or third paragraph of section 187.9 of this Code; (2) a decision of the board of directors under section 48 of the Act respecting the Barreau du Québec (chapter B-1) or under subsection 5 of section 70 of that Act; (3) a decision of the board of directors under section 16 of the Engineers Act (chapter I-9); (4) a decision of the board of directors under the second paragraph of subsection 2 of section 27 of the Veterinary Surgeons Act (chapter M-8); (5) a decision of the executive committee under section 12 of the Notaries Act (chapter N-3); (6) a decision of the board of directors under section 8 of the Chartered Professional Accountants Act (chapter C-48.1). Section 163, the fourth paragraph of section 164, sections 165, 168, 169, 170, 171, 173, 174, 176 and 177.0.1 and the third and fourth paragraphs of section 177.1 apply to appeals from decisions referred to in the first paragraph. However, the reference in section 172 to section 163 shall be read as a reference to section 182.5. 1994, c. 40, s. 163; 2000, c. 13, s. 38; 2000, c. 44, s. 100; 2004, c. 15, s. 10; 2008, c. 11, s. 1, s. 129; 2009, c. 35, s. 18; 2012, c. 11, s. 22; 2009, c. 28, s. 9; 2014, c. 13, s. 24.

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§ 182.2Section 182.2Offence

Source excerpt

Appeals must be started by served application and filed in the Court of Québec within 30 days, with a detailed statement of grounds.

182.2. Every appeal from a decision referred to in the first paragraph of section 182.1 shall be brought by way of an application served on the secretary of the board of directors or of the executive committee, as the case may be, in accordance with the Code of Civil Procedure (chapter C-25.01). The application, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the appellant has his professional domicile, within 30 days of the service of the decision. Where the appellant is not a member of the order, the application must be filed within the same period at the office of the Court of Québec in the judicial district in which the appellant has his domicile. Within 30 days of receipt of the notice of appeal, the secretary of the board of directors or of the executive committee, as the case may be, shall send the original and three copies of the record to the clerk of the Court of Québec and a copy to each of the parties. The record relating to an appeal from a decision made under section 51 or section 52.1 of this Code shall include, the decision ordering the medical examination, the medical examination report, where applicable, the decision made under that section and the application for appeal. The record relating to an appeal from a decision made under the second paragraph of section 52 of this Code shall include, the decision restricting or suspending the right to practise the profession or striking the professional off the roll, the written application for reinstatement of the full right to practise or for entry on the roll, the medical examination report, the decision made under that section and the application for appeal. The record relating to an appeal from a decision made under section 45, 45.1, 55.1 or 55.2 of this Code shall include the decision made under that section, the judicial or disciplinary decision referred to in that section, the opinion, with reasons, of the board of directors that the offence committed is related to the practice of the profession, and the application for appeal. The record relating to an appeal from a decision under section 48 of the Act respecting the Barreau du Québec (chapter B-1) shall include, the decision of the committee, the record and decision of the board of directors and the application for appeal. The record relating to an appeal from a decision under subsection 5 of section 70 of the Act respecting the Barreau du Québec, or section 12 of the Notaries Act (chapter N-3) shall include, the record and decision of the executive committee and the application for appeal. The record relating to an appeal from a decision made under the third paragraph of section 45.3, the third paragraph of section 55, section 55.3, the second paragraph of section 187, the first paragraph of section 187.4.1 or the second or third paragraph of section 187.9, under section 16 of the Engineers Act (chapter I-9) or under section 8 of the Chartered Professional Accountants Act (chapter C-48.1) or the second paragraph of subsection 2 of section 27 of the Veterinary Surgeons Act (chapter M-8) shall include, the record and decision of the board of directors and the application for appeal. The tribunal may (1) on application by the secretary of the board of directors or of the executive committee, as the case may be, extend the period provided for in the second paragraph; (2) on application by one of the parties, allow that certain elements of the record not be reproduced in the copies which must be sent in accordance with the second paragraph. 1994, c. 40, s. 163; 2000, c. 13, s. 39; 2000, c. 44, s. 101; 2004, c. 15, s. 11; 2008, c. 11, s. 1, s. 130; 2007, c. 42, s. 2; 2009, c. 35, s. 19; 2012, c. 11, s. 23; 2009, c. 28, s. 10; 2014, c. 13, s. 25; I.N. 2016-01-01 (NCCP).

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§ 182.3Section 182.3Provision

Source excerpt

An appeal generally suspends execution of the decision, but the tribunal may order provisional execution.

182.3. The appeal shall suspend execution of the decision, except where the tribunal orders provisional execution. However, a decision refusing entry on the roll, a decision rendered pursuant to the first paragraph of section 51, section 52.1, the first paragraph of section 55.1 or section 55.2 or 55.3, or a decision rendered under section 48 of the Act respecting the Barreau du Québec (chapter B-1) shall be enforceable notwithstanding the appeal, unless the tribunal orders otherwise. 1994, c. 40, s. 163; 2000, c. 13, s. 40; 2004, c. 15, s. 12; 2008, c. 11, s. 131, s. 151.

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§ 182.4Section 182.4Provision

Source excerpt

182.4. Within 30 days of receipt of his copy of the record, the appellant must file at the office of the Court of Québec the original and three copies of a factum setting out his claims, and give a copy to the other party. Within 30 days of receipt of his copy of the factum, the other party must file the original and three copies of his own factum at the office of the court and give a copy to the appellant. If the appellant does not file his factum within the period fixed, the appeal may be dismissed; if the other party is in default, the tribunal may refuse to hear him. The only documents to be included in the factum filed by a party are the documents and extracts from the evidence that are necessary to determine the questions at issue under the rules of the Professions Tribunal. 1994, c. 40, s. 163; 2009, c. 35, s. 20.

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§ 182.5Section 182.5Provision

Source excerpt

The tribunal must sit in Québec or Montréal, and it may change the appeal’s hearing district if a party applies after serving the other parties.

182.5. The tribunal shall sit in the judicial district of Québec or Montréal, depending on whether the judicial district in which the professional has his professional domicile or the judicial district in which an appellant who is not a member of an order has his domicile is under the territorial jurisdiction of the Court of Appeal sitting at Québec or at Montréal pursuant to article 40 of the Code of Civil Procedure (chapter C‐25.01). However, on application by a party served on the other parties in accordance with the Code of Civil Procedure, the tribunal may decide that the appeal will be heard in the judicial district in which the professional has his professional domicile or in the judicial district in which the appellant who is not a member of an order has his domicile. The application may be filed in any district referred to in this section. The hearing of the application shall take place in the district in which the application is filed. 1994, c. 40, s. 163; 2000, c. 13, s. 41; 2008, c. 11, s. 132; I.N. 2016-01-01 (NCCP).

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§ 182.6Section 182.6Provision

Source excerpt

The tribunal may confirm, alter, or quash a decision submitted to it, and may replace it with the decision it считает should have been made initially.

182.6. The tribunal may confirm, alter or quash any decision submitted to it and render the decision it considers should have been rendered in first instance. The tribunal has the power to order either of the parties to pay the costs, or to apportion such costs between them. The costs are costs arising from the hearing and include the cost of preparing and forwarding the record of the appeal, the service costs, registration fees and, where applicable, the cost of expert opinions admitted in evidence as well as the indemnities payable to summoned witnesses, computed in accordance with the tariff established in the Regulation respecting indemnities and allowances payable to witnesses summoned before courts of justice (chapter C-25.01, r. 0.5). 1994, c. 40, s. 163; 2000, c. 13, s. 42.

Section 182.6Verify source

§ 182.7Section 182.7Provision

Source excerpt

The Court of Québec clerk must serve the tribunal’s final decision on the appellant and the relevant board secretary within 10 days; if a party is present when the decision is rendered, service on that party is deemed to occur then.

182.7. Within 10 days of the final decision of the tribunal, the clerk of the Court of Québec in the judicial district where the tribunal held its sittings shall cause the decision to be served on the appellant and on the secretary of the board of directors or of the executive committee, as the case may be, in accordance with the Code of Civil Procedure (chapter C‐25.01). However, where the decision is rendered in the presence of one of the parties, it is deemed to be served on that party in accordance with the first paragraph on being so rendered. The final decision of the tribunal is enforceable from its service on the appellant. 1994, c. 40, s. 163; 2008, c. 11, s. 1, s. 151; I.N. 2016-01-01 (NCCP).

Section 182.7Verify source

§ 182.8Section 182.8Commencement

Source excerpt

The tribunal may correct its own decision if it contains a writing, calculation, or other clerical error.

182.8. The tribunal may correct any decision it has rendered where the decision contains an error in writing, a mistake in calculation or any other clerical error. The decision may be corrected by the tribunal of its own initiative, as long as execution of the decision has not commenced. The correction may be effected at any time on application by the appellant or the board of directors or the executive committee, as the case may be, served in accordance with the Code of Civil Procedure (chapter C‐25.01). 1994, c. 40, s. 163; 2008, c. 11, s. 1; I.N. 2016-01-01 (NCCP).

Section 182.8Verify source

Legislative relationships

7 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

Act respecting the Barreau du Québec (chapter B-1) or under subsection 5 of section 70 of that Act
Section 182.1
Civil Code
Section 88
Conseil referred to in paragraphs 1 to 8 and 9 of section 167 of that Act
Section 115.11
Court of Appeal sitting at Québec or at Montréal pursuant to article 40 of the Code
Sections 172, 182.5

G–M

1 instrument

Insurers Act
Section 86.1

N–S

2 instruments

Notaries Act
Section 182.2
Regulations Act
Section 95.2

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10 Jun 2026 · currentEnglish

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7 referenced instruments

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