C-15, r. 8 - Regulation respecting elections to the board of directors of the Ordre des chimistes du Québec

Full text
chapter C-15, r. 8
Regulation respecting elections to the board of directors of the Ordre des chimistes du Québec
CHEMISTS — ELECTIONS TO THE BOARD OF DIRECTORS
Professional Chemists Act
(chapter C-15, s. 3).
C-15
Professional Code
(chapter C-26, s. 93, par. b).
C-26
April 17 2014
Replaced, Décision 2014-03-21, 2014 G.O. 2, 1294; eff. 2014-04-17; see chapter C-15, r. 8.1.
DIVISION I
INTERPRETATION AND SCOPE
1. This Regulation governs the election of the president and directors of the Ordre des chimistes du Québec.
O.C. 1692-93, s. 1.
2. In this Regulation, the word “region” means one of the regions mentioned in the Regulation dividing Québec into regions for the purposes of elections to the board of directors of the Ordre des chimistes du Québec (chapter C-15, r. 16).
O.C. 1692-93, s. 2.
3. Articles 6 and 7 of the Code of Civil Procedure (chapter C-25) respecting non-juridical days apply to this Regulation.
O.C. 1692-93, s. 3.
DIVISION II
DUTIES OF THE SECRETARY AND DESIGNATION OF SCRUTINEERS
4. The secretary of the Order shall be responsible for the administration of this Regulation; in particular, the secretary shall supervise the holding of a vote.
O.C. 1692-93, s. 4.
5. Where, between the sixtieth day preceding the date of the closing of the poll and the tenth day following that date, the secretary is unable to act owing to absence or illness or refuses to act, or where the secretary is a candidate for the election, he shall be replaced by the person designated to that position by the executive committee. That person, duly sworn, shall, for the purposes of the election, exercise all the rights and assume all the obligations of the secretary being replaced.
O.C. 1692-93, s. 5.
6. The board of directors shall designate 5 scrutineers and 3 substitute scrutineers from among the members of the Order who are neither members of the board of directors nor employees of the Order.
A substitute scrutineer shall replace a scrutineer where the latter is a candidate for election or is unable to act on the day the votes are counted.
O.C. 1692-93, s. 6.
DIVISION III
DATE OF THE ELECTION AND CLOSING OF THE POLL
7. The election of the president, where the latter is elected by a general vote of the elected directors, shall be held at the first meeting of the board of directors following the date of the closing of the poll.
O.C. 1692-93, s. 7.
8. The date of the election of the president, where the latter is elected by a general vote of the members of the Order, and of the elected directors, shall be the date of the closing of the poll.
O.C. 1692-93, s. 8.
9. The date of the closing of the poll by a general vote of the members shall be the last Thursday of the month of March at 6:00 p.m.
O.C. 1692-93, s. 9.
DIVISION IV
DATE AND TIME OF THE TAKING OF OFFICE BY THE PRESIDENT AND THE ELECTED DIRECTORS
10. The president and the elected directors shall take office at the first meeting of the board of directors following the date of the closing of the poll and shall remain in office until their death, resignation, replacement or striking off the roll.
O.C. 1692-93, s. 10.
DIVISION V
TERMS OF OFFICE
11. The president of the Ordre des chimistes shall be elected for a term of 1 year.
O.C. 1692-93, s. 11.
12. The directors of the Ordre des chimistes shall be elected for a term of 3 years.
O.C. 1692-93, s. 12.
DIVISION VI
PROCEDURES PRECEDING A VOTE
13. Between the sixtieth and the forty-fifth day preceding the closing of the poll, the secretary shall send a notice to each member in the region where a director is to be elected, indicating the date of the closing of the poll and the conditions that must be met to become a candidate and to vote in accordance with the Professional Code (chapter C-26), as well as a nomination paper similar to that in Schedule I.
Where the president must be elected by a general vote of the members of the Order, the secretary shall send to all the members, during the same time period, the notice described in the first paragraph, as well as a nomination paper similar to that in Schedule II.
O.C. 1692-93, s. 13.
14. The nomination paper of a candidate shall be drawn up in a manner similar to that of the nomination paper in Schedule I or Schedule II, whichever applies, and shall be signed by the candidate.
The paper shall also be signed by 5 members of the Order who, in the case of an election to the office of director in a given region, must have their professional domicile in that region.
O.C. 1692-93, s. 14.
15. The secretary shall accept any nomination paper that is completed not less than 30 days before the date fixed for closing the poll. The secretary shall then give or send to the candidate an acknowledgment of receipt similar to that in Schedule III, as evidence of the candidacy. The deadline for accepting nomination papers, on the last day when they may be accepted by the secretary, shall be 6:00 p.m.
O.C. 1692-93, s. 15.
16. In addition to the documents prescribed by section 69 of the Code, the secretary shall send to each member entitled to vote in the regions where a director is to be elected, a notice similar to that in Schedule IV, informing the voter on the method of voting and using the envelopes, and indicating the deadline for receipt of the envelopes by the Order.
Where the election of the president is held by a general vote of the members of the Order, the secretary shall send to all the members of the Order entitled to vote a brief resumé and a photograph of each candidate for the office of president, where the candidate has attached to the nomination paper a resumé on a page measuring not more than 22 cm by 28 cm and a photograph measuring not more than 50 mm by 70 mm.
O.C. 1692-93, s. 16.
17. The ballot paper for the office of president shall be similar to that in Schedule V. It shall be printed on the official stationery of the Order and shall contain the following particulars:
(1)  the year of the election;
(2)  the full names of the candidates in alphabetical order of surnames.
The ballot paper shall be certified by the secretary. It may be certified by a facsimile of the secretary’s signature.
O.C. 1692-93, s. 17.
18. The ballot paper for the office of director shall be similar to that in Schedule VI. It shall be printed on the official stationery of the Order and shall contain the following particulars:
(1)  the year of the election;
(2)  identification of the region;
(3)  the full names of the candidates, in alphabetical order of surnames;
(4)  the number of offices to be filled in the region.
The ballot paper shall be certified by the secretary. It may be certified by a facsimile of the secretary’s signature.
O.C. 1692-93, s. 18.
19. The secretary shall give a new ballot paper to a member who damages, spoils, loses, does not receive or strikes out an entry on a ballot paper, and who declares that fact using a form of oath or solemn affirmation similar to that in Schedule VII.
O.C. 1692-93, s. 19.
DIVISION VII
VOTING
20. After voting, the voter shall insert the ballot paper into its inner envelope. The voter shall seal that envelope and shall insert it in the outer envelope, which shall also be sealed.
O.C. 1692-93, s. 20.
21. Upon receipt of the outer envelopes that arrive before the closing of the poll, the secretary or one of the persons the secretary has designated in writing for that purpose shall record the names of the voters and, without opening the envelopes, shall write the date and time of receipt on them, shall initial them and shall deposit them in a sealed ballot box.
O.C. 1692-93, s. 21.
DIVISION VIII
PROCEEDINGS FOLLOWING VOTING
22. The secretary, the persons designated by the secretary under section 21 and the scrutineers shall take the oath in a form similar to that in Schedule VIII.
O.C. 1692-93, s. 22.
23. After the closing of the poll and not later than the tenth day following that date, the secretary, in the presence of the scrutineers, shall count the votes at the head office of the Order or at any other place designated by the executive committee. The candidates or their representatives may also be present if they wish.
The scrutineers and the candidates or their representatives shall be called by the secretary for that purpose, by means of a notice in writing sent not less than 3 days before the date fixed for counting the votes.
O.C. 1692-93, s. 23.
24. The secretary shall reject, unopened, any outer envelopes that the secretary considers do not meet the requirements of this Regulation or the Act, or that come from persons who were not members of the Order on the forty-fifth day before the date fixed for the closing of the poll.
O.C. 1692-93, s. 24.
25. Where the secretary receives more than one outer envelope from the same voter for an election to the same office, the secretary shall accept only the first envelope received and shall reject the others.
O.C. 1692-93, s. 25.
26. Upon the request of the secretary, the scrutineers shall open each of the outer envelopes considered to meet the requirements and shall take out the inner envelope on which the words “BALLOT PAPER — DIRECTOR” and the name of the Order are written and, where applicable, the envelope on which the words “BALLOT PAPER — PRESIDENT” and the name of the Order are written. The scrutineers shall then dispose of the outer envelopes without destroying them, so that they may not be linked to the inner envelopes or their contents. The secretary shall reject, without opening them, any inner envelopes bearing an identification mark of the voter and any ballot papers that are not inserted in the inner envelopes.
O.C. 1692-93, s. 26.
27. After examining all the inner envelopes, the secretary and the scrutineers shall open those considered to meet the requirements and shall take out the ballot papers.
The secretary shall reject any ballot paper
(1)  that contains more marks than the number of offices to be filled;
(2)  that is not certified by the secretary or was not provided by the secretary;
(3)  that bears a mark making it possible to identify the voter;
(4)  that is marked elsewhere than in the square or squares reserved for voting;
(5)  that has not been marked;
(6)  on which a voter cast the vote other than in the manner prescribed by section 71 of the Code; or
(7)  that is damaged or spoiled or on which an entry is struck out.
O.C. 1692-93, s. 27.
28. No ballot paper may be rejected for the sole reason that the mark made in one of the squares reserved for voting extends beyond the square.
O.C. 1692-93, s. 28.
29. The secretary shall consider any objection made on the subject of the validity of a ballot paper and shall decide the matter immediately. The decision is final and without appeal.
O.C. 1692-93, s. 29.
30. After counting the ballot papers, the secretary shall draw up and sign a statement of the poll similar to that in Schedule IX for the election of directors and, where applicable, for the election of a president. The secretary shall declare elected to the office of director the candidates who obtained the most votes in each region, taking into account the number of offices to be filled, and, where applicable, shall declare elected to the office of president the candidate who obtained the most votes for that office.
In the case of a tie-vote, the secretary shall immediately draw lots to determine which of the candidates has or have been elected.
O.C. 1692-93, s. 30.
31. Once the candidates have been declared elected, the secretary shall place in separate envelopes the valid ballot papers, the rejected ballot papers and the unused ballot papers, and all the envelopes, including those rejected in accordance with this Regulation.
The secretary shall then seal the envelopes. The secretary and the scrutineers shall initial the seals.
The envelopes shall be kept until the board of directors, by resolution, has authorized the secretary to destroy them.
O.C. 1692-93, s. 31.
32. The secretary shall send a copy of the statement of the poll to each candidate. The secretary shall also table a copy of the statement at the first meeting of the board of directors that follows the election.
O.C. 1692-93, s. 32.
33. This Regulation replaces the Regulation respecting terms and conditions for election to the Bureau of the Ordre des chimistes du Québec (R.R.Q., 1981, c. C-15, r. 5).
O.C. 1692-93, s. 33.
34. (Omitted).
O.C. 1692-93, s. 34.
SCHEDULE I
(ss. 13 and 14)
NOMINATION PAPER FOR THE ELECTION OF A DIRECTOR IN THE _____________ REGION
We, the undersigned, members in good standing of the Ordre des chimistes du Québec, having our professional domicile in the region of ______________________________, nominate ______________________________ (name) of ______________________________ (address) as candidate for the forthcoming election in that region.

_________________________________________________________________________________
| | | | |
| Member’s name | Permit number | Date | Signature of member |
|___________________|___________________|______________|__________________________|
| | | | |
| | | | |
|___________________|___________________|______________|__________________________|
| | | | |
| | | | |
|___________________|___________________|______________|__________________________|
| | | | |
| | | | |
|___________________|___________________|______________|__________________________|
| | | | |
| | | | |
|___________________|___________________|______________|__________________________|
I, ______________________________, having my professional domicile in the region of ______________________________ and nominated in the above nomination paper, agree to be a candidate for the office of director for that region.
In witness whereof, I have signed at ______________________________ , this __________ day of ______________________________ .
_____________________________________________________________________________
(signature)
O.C. 1692-93, Sch. I.
SCHEDULE II
(ss. 13 and 14)
NOMINATION PAPER FOR THE ELECTION OF PRESIDENT
We, the undersigned, members in good standing of the Ordre des chimistes du Québec, nominate ______________________________ (name) of ______________________________(address) as candidate for the forthcoming election of the president of the Order.

_________________________________________________________________________________
| | | | |
| Member’s name | Permit number | Date | Signature of member |
|___________________|___________________|______________|__________________________|
| | | | |
| | | | |
|___________________|___________________|______________|__________________________|
| | | | |
| | | | |
|___________________|___________________|______________|__________________________|
| | | | |
| | | | |
|___________________|___________________|______________|__________________________|
| | | | |
| | | | |
|___________________|___________________|______________|__________________________|
I, ______________________________ , nominated in the above nomination paper, agree to be a candidate for the office of president of the Ordre des chimistes du Québec.
Enclosed are:
· my resumé (on a sheet measuring not more than 22 cm × 28 cm);
· my photograph (measuring not more than 50 mmnbsp;× 70 mm).
In witness whereof, I have signed at ______________________________ , this __________ day of______________________________ .
_____________________________________________________________________________
(signature)
O.C. 1692-93, Sch. II.
ACKNOWLEDGMENT OF RECEIPT OF THE NOMINATION PAPER FOR THE OFFICE OF PRESIDENT OR DIRECTOR OF THE ORDRE DES CHIMISTES DU QUÉBEC
(date) _____________________________________
Mr./Ms.
__________________________________________
__________________________________________
__________________________________________
Dear Sir or Madam:
We acknowledge receipt of your nomination paper for election to the office of ___________________ of the Ordre des chimistes du Québec.
The poll will close at _________________________(time), on _________________________(date). The votes will be counted at _______________________(time), on ________________________(date).
Yours truly,
_____________________________________________________________________________
Secretary
O.C. 1692-93, Sch. III.
NOTICE INFORMING VOTERS ON:
· THE METHOD OF VOTING AND USING THE ENVELOPES;
· THE TIME AND DATE BY WHICH THE ENVELOPES MUST BE RECEIVED BY THE ORDER
____________________________________ (date)
TO ALL MEMBERS OF THE ORDRE DES CHIMISTES DU QUÉBEC
Dear Sir or Madam:
As mentioned in section 15 of the Regulation respecting elections to the board of directors of the Ordre des chimistes du Québec (chapter C-15, r. 8), you will find enclosed the ballot paper and the envelopes required for the election.
You may vote for as many candidates as there are offices to be filled.
After voting, insert your ballot paper into the envelope identified for the purpose, either “BALLOT PAPER — PRESIDENT” or “BALLOT PAPER — DIRECTOR”. Place that envelope or the 2 envelopes in the envelope marked “Election”.
It is very important:
· to seal all the envelopes, since otherwise they will be rejected;
· to enclose only your ballot paper in the envelopes, since envelopes that are rejected will not be opened.
We remind you that the poll will close at __________________ (time) on _________________ (date). The votes will be counted at ____________________ (time) on ____________________ (date).
Yours truly,
_____________________________________________________________________________
Secretary
O.C. 1692-93, Sch. IV.
BALLOT PAPER FOR THE OFFICE OF PRESIDENT
BALLOT PAPER
Year: ______________________________________
Candidates nominated for the office of PRESIDENT
__________________________________________________
__________________________________________________
__________________________________________________
Closing of poll at ____________________ (time) on ______________________________ (date).
_____________________________________________________________________________
Secretary
O.C. 1692-93, Sch. V.
BALLOT PAPER FOR THE OFFICE OF DIRECTOR IN THE ________________________ REGION
BALLOT PAPER
Year: _________________________________ Region: _________________________________
Number of offices to be filled in the region: __________
Candidates nominated for the office of DIRECTOR
__________________________________________________
__________________________________________________
__________________________________________________
Closing of poll at ___________________________ (time) on ___________________________ (date).
_____________________________________________________________________________
Secretary
O.C. 1692-93, Sch. VI.
OATH CERTIFYING THAT A BALLOT PAPER HAS BEEN DAMAGED, SPOILED OR LOST, OR HAS NOT BEEN RECEIVED, OR THAT AN ENTRY THEREON HAS BEEN STRUCK OUT
(date) ______________________________________
I, the undersigned, ______________________________ , member in good standing of the Ordre des chimistes du Québec, swear that I ______________________________ (damaged, spoiled, lost, did not receive or struck out an entry on) my ballot paper for the election to the office of ______________________________ (president or director) of the Ordre des chimistes du Québec and request that another ballot paper be issued to me by the secretary of the Order.
In witness whereof, I have signed at ______________________________ , this __________ day of ______________________________ .
___________________________________________
(signature of member)
Sworn before me (or, as the case may be) Received before me
at ______________________, at ______________________,
this __________ day of this __________ day of
________________________ . ________________________.
(month) (year) (month) (year)
______________________________________________________________________________
Commissioner for oaths for the judicial district of _____________________________________


(signature of secretary)
O.C. 1692-93, Sch. VII.
OATH OF OFFICE AND DISCRETION
I, ______________________________ , swear that I will carry out the duties of my office with honesty, impartiality and fairness, and that I will not accept (except for any salary paid to me by the Ordre des chimistes du Québec, where applicable), any sum of money or consideration whatever for what I have done or may do in carrying out the duties of my office, for the purpose of favouring a candidate directly or indirectly.
I further swear that I will not reveal or make known, without authorization by law, the name of the candidate for whom any person voted, if that information comes to my knowledge at the time the votes are counted.
In witness whereof, I have signed at ______________________________ , this __________ day of ______________________________ .
___________________________________________
(signature of member)
Sworn before me (or, as the case may be) Received before me
at ______________________, at ______________________,
this __________ day of this __________ day of
________________________ . ________________________.
(month) (year) (month) (year)
______________________________________________________________________________
Commissioner for oaths for the judicial district of _____________________________________


(signature of secretary)
O.C. 1692-93, Sch. VIII.
STATEMENT OF THE POLL
Election to the office of (president or director) of the Ordre des chimistes du Québec.
Region (where applicable) _____________________________________________________________
Number of electors ___________________________________________________________________

________________________________________________________________
| | |
| Number of valid ballots |__________|
| | |
| Number of rejected ballots |__________|
| | |
| Number of outer envelopes rejected |__________|
| | |
| Number of inner envelopes rejected |__________|
| | |
| TOTAL |__________|
| | |
| Number of votes cast for |__________|
| | |
| Number of votes cast for |__________|
| | |
| Number of votes cast for |__________|
| | |
| Number of votes cast for | |
| ____________________________________________________|__________|
Signature of scrutineers: ______________________________________________________________
______________________________________________________________
______________________________________________________________
Given under my signature at _________________ this __________ day of _____________________ .


(signature of secretary)
O.C. 1692-93, Sch. IX.
REFERENCES
O.C. 1692-93, 1993 G.O. 2, 6883
S.Q. 2008, c. 12, s. 212