C-26, r. 230 - Regulation respecting elections to the board of directors of the Ordre professionnel des techniciens et techniciennes dentaires du Québec

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chapter C-26, r. 230
Regulation respecting elections to the board of directors of the Ordre professionnel des techniciens et techniciennes dentaires du Québec
DENTAL TECHNICIANS — PROFESSIONAL CODE — ELECTIONS TO THE BOARD OF DIRECTORS
Professional Code
(chapter C-26, s. 93, par. b).
C-26
September 1 2012
DIVISION I
INTERPRETATION AND SCOPE
1. This Regulation governs the election of the president and the directors of the Ordre professionnel des techniciens et techniciennes dentaires du Québec.
O.C. 825-91, s. 1.
2. In this Regulation, the word “region” means one of the regions within the meaning of the Regulation dividing Québec into regions for the purposes of elections to the board of directors of the Ordre professionnel des techniciens et techniciennes dentaires du Québec (chapter C-26, r. 235).
O.C. 825-91, s. 2.
3. Articles 82 and 83 of the Code of Civil Procedure (chapter C-25.01) respecting holidays apply to this Regulation.
O.C. 825-91, s. 3; I.N. 2016-01-01 (NCCP).
4. Where the president is elected by a vote of the elected directors, he shall be elected at the first meeting of the board of directors that follows the taking of office of the directors.
The board of directors shall be called for that purpose by the secretary by a notice in writing sent not less than 5 days before the date of the meeting. The notice of meeting shall indicate the purpose, the place, the date and the time of the meeting.
O.C. 825-91, s. 4.
DIVISION II
DUTIES OF THE SECRETARY AND DESIGNATION OF THE SCRUTINEERS
5. The secretary of the Order shall be responsible for the administration of this Regulation; in particular, he shall supervise the holding of the vote.
O.C. 825-91, s. 5.
6. Where, between the 60th day preceding the date of closing of the poll and the 10th day following that date, the secretary is unable to act owing to absence or illness or refuses to act, or where he is a candidate for the election, he shall be replaced by the person designated for that office by the board of directors.
O.C. 825-91, s. 6.
7. The board of directors shall designate the scrutineers from among the members of the Order who are neither members of the board of directors nor employees of the Order.
O.C. 825-91, s. 7.
DIVISION III
CLOSING OF POLLS
8. The polls shall close on the first Friday of the month of April at 6:00 p.m.
O.C. 825-91, s. 8.
DIVISION IV
TAKING OF OFFICE
9. The president and the directors elected or declared elected by acclamation take office at the first meeting of the board of directors held after the annual general meeting.
O.C. 825-91, s. 9.
DIVISION V
TERMS OF OFFICE
10. The president and the directors are elected for a 4-year term.
O.C. 825-91, s. 10.
DIVISION VI
PROCEDURES PRECEDING THE VOTE
11. Between the 60th and the 45th day preceding the closing of the poll, the secretary shall send to each member in the region where a director is to be elected, a notice indicating the date of the closing of the poll and the conditions required to be a candidate and vote in accordance with the Professional Code (chapter C-26) as well as a nomination paper similar to that in Schedule I.
Where the election of the president is held by a general vote of the members of the Order, the secretary shall send during the same period to all the members the notice described in the preceding paragraph as well as a nomination paper similar to that in Schedule II.
O.C. 825-91, s. 11.
12. The nomination paper of a candidate must be similar to that in Schedule I or Schedule II, as applicable, and signed by the candidate (and by 5 members of the Order).
O.C. 825-91, s. 12.
13. A member shall not sign more nomination papers than there are offices of directors to be filled for his region. A signature appearing on a number of nomination papers in excess of the number of offices of directors to be filled shall be struck off all nomination papers.
O.C. 825-91, s. 13.
14. The secretary shall accept immediately any nomination paper that is complete and is delivered to him not less than 30 days before the date fixed for closing the poll. He shall then issue or send to the candidate an acknowledgment of receipt similar to that in Schedule III as evidence of the candidacy. The time limit for accepting nomination papers, on the last day when they may be accepted by the secretary, shall be 6:00 p.m.
O.C. 825-91, s. 14.
15. In addition to the documents prescribed by section 69 of the Professional Code (chapter C-26), the secretary shall send the following documents to each member entitled to vote in the regions where a director is to be elected:
(1)  a brief curriculum vitae and a photograph of each candidate for the office of director in that region, where such candidate has attached to his nomination paper a curriculum vitae on a sheet measuring not more than 22 cm by 28 cm and a photograph measuring not more than 50 mm by 70 mm;
(2)  a notice similar to that in Schedule IV informing the elector about the method of voting and of using the envelopes, and indicating the time limit and date by which the envelopes must be received 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 curriculum vitae and a photograph of each candidate for the office of president where such candidate has attached to his nomination paper a curriculum vitae on a sheet measuring not more than 22 cm by 28 cm and a photograph measuring not more than 50 mm by 70 mm.
O.C. 825-91, s. 15.
16. Ballot papers for the office of president must be similar to that appearing in Schedule V. They must be reproduced on official stationery of the Order and must provide the following particulars:
(1)  the year of the election;
(2)  the full names of the candidates in alphabetical order of surnames.
Ballot papers must be certified by the secretary. Ballot papers may be certified by a facsimile of the secretary’s signature.
O.C. 825-91, s. 16.
17. Ballot papers for the office of director must be similar to that in Schedule VI. They must be reproduced on official stationery of the Order and must provide 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.
Ballot papers must be certified by the secretary. Ballot papers may be certified by a facsimile of the secretary’s signature.
O.C. 825-91, s. 17.
18. The secretary shall issue a new ballot paper to a member who has damaged, spoiled, erased or lost his ballot paper or who did not receive one, and who so declares using a form of oath similar to that in Schedule VII.
O.C. 825-91, s. 18.
DIVISION VII
VOTING
19. After voting, an elector shall insert his ballot paper into the corresponding inner envelope. He shall seal the inner envelope and insert it into the outer envelope, which he shall seal and send to the secretary.
O.C. 825-91, s. 19.
20. Upon receipt of the outer envelopes arriving before the closing of the poll, the secretary shall record the names of the electors, enter on the envelopes the date and time of receipt and his initials, and shall deposit them in a sealed ballot box.
O.C. 825-91, s. 20.
DIVISION VIII
PROCEDURES FOLLOWING VOTING
21. At the time fixed for the closing of the poll, the secretary shall affix the last seals on the ballot boxes where the counting of the votes in not carried out immediately after the closing of the poll.
The scrutineers are entitled to be present when the seals are affixed to the ballot boxes.
O.C. 825-91, s. 21.
22. The secretary and the scrutineers shall take the oath in a form similar to that in Schedule VIII.
O.C. 825-91, s. 22.
23. After the closing of the poll and not later than the 10th day following that date, the secretary shall count the votes at the head office of the Order in the presence of the scrutineers and, if they so wish, the candidates or their representatives.
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 the counting of the votes.
O.C. 825-91, s. 23.
24. The secretary shall reject, without opening them, any outer envelopes he considers do not meet the requirements of this Regulation or of the Act, or that come from persons who were not members of the Order on the 45th day preceding the date fixed for the closing of the poll.
O.C. 825-91, s. 24.
25. Where several outer envelopes reach the secretary from the same elector for an election to the same office, he shall accept only the first envelope received and reject the others.
O.C. 825-91, s. 25.
26. The secretary shall open each of the outer envelopes considered to meet the requirements and shall take out the inner envelope on which are written the words “BALLOT PAPIER — DIRECTOR” and the name of the Order and, where applicable, that on which are written the words “BALLOT PAPER — PRESIDENT” and the name of the Order. He then sets aside, without destroying them, the outer envelopes in such a way as to avoid that they may be associated with the inner envelopes or their content. He shall reject without opening them, any inner envelopes bearing any identification of the elector and any ballot papers not inserted in inner envelopes.
O.C. 825-91, s. 26.
27. After examining all the inner envelopes, the secretary shall open those that meet the requirements and shall take out the ballot papers.
He 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 him;
(3)  that bears any mark allowing the elector to be identified;
(4)  that is marked elsewhere than in the square or squares reserved for voting;
(5)  that has not been marked;
(6)  on which the voter cast a vote otherwise than as prescribed by section 71 of the Code;
(7)  that is damaged, spoiled or erased.
O.C. 825-91, s. 27.
28. No ballot paper may be rejected solely because the mark made in a square goes beyond the square reserved for voting.
O.C. 825-91, s. 28.
29. The secretary shall consider any objection with respect to the validity of a ballot paper and shall give a ruling immediately.
The secretary’s decision as to the validity of a ballot paper is final and cannot be appealed.
O.C. 825-91, s. 29.
30. After counting the ballot papers, the secretary shall draw up over his signature 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. He shall declare elected to the offices of directors the candidates who obtained the greatest number of votes in each region, considering the number of offices to be filled, and, where applicable, he 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 been elected.
O.C. 825-91, s. 30.
31. As soon as 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.
He shall then seal the envelopes. The secretary and the scrutineers shall write their initials on the seals.
The envelopes shall be kept for one year, after which time the secretary may dispose of them.
O.C. 825-91, s. 31.
32. The secretary shall send a copy of the statement of the poll to each candidate. He shall table a copy of the statement at the first meeting of the board of directors and at the annual general meeting of members following the election.
O.C. 825-91, s. 32.
DIVISION IX
FINAL
33. This Regulation replaces the Regulation respecting the terms and conditions for election to the Bureau of the Corporation professionnelle des techniciens dentaires du Québec (R.R.Q., 1981, c. C-26, r. 159).
O.C. 825-91, s. 33.
34. (Omitted).
O.C. 825-91, s. 34.
SCHEDULE I
(ss. 11 and 12)
NOMINATION PAPER FOR ELECTION OF A DIRECTOR IN THE __________________ REGION
We, the undersigned, members in good standing of the Ordre professionnel des techniciens et techniciennes dentaires du Québec, practising our profession principally in the ______________________________ region, nominate as a candidate for the forthcoming election in that region, ______________________________ (name) ______________________________ (address).

_________________________________________________________________________________
| | | | |
| Full name of member | Permit number | Date | Signature of member |
|________________________|___________________|__________|_________________________|
| | | | |
|________________________|___________________|__________|_________________________|
| | | | |
|________________________|___________________|__________|_________________________|
| | | | |
|________________________|___________________|__________|_________________________|
| | | | |
|________________________|___________________|__________|_________________________|
| | | | |
|________________________|___________________|__________|_________________________|
| | | | |
|________________________|___________________|__________|_________________________|

I, ______________________________, practising my profession principally in the ______________________________ region, nominated in this nomination paper, agree to be a candidate for the office of director for that region.
Enclosed is:
— my curriculum vitae (on one page measuring not more than 22 cm by 28 cm);
— my photograph (measuring not more than 50 mm by 70 mm).
In witness whereof, I have signed at ______________________________, this __________ day of ______________________________ 20__________
__________________________________________
(Signature)
O.C. 825-91, Sch. I.
SCHEDULE II
(ss. 11 and 12)
NOMINATION PAPER FOR ELECTION OF A PRESIDENT
We, the undersigned, members in good standing of the Ordre professionnel des techniciens et techniciennes dentaires du Québec, nominate as a candidate for the forthcoming election of a president of the Ordre professionnel des techniciens et techniciennes dentaires du Québec, ______________________________(name), ______________________________ (address).

________________________________________________________________________________
| | | | | |
| Full name of | Permit | Address of the | Date | Signature |
| member | number | place where | | of member |
| | | member principally | | |
| | | practises profession | | |
|_________________|___________|_________________________|__________|______________|
| | | | | |
|_________________|___________|_________________________|__________|______________|
| | | | | |
|_________________|___________|_________________________|__________|______________|
| | | | | |
|_________________|___________|_________________________|__________|______________|
| | | | | |
|_________________|___________|_________________________|__________|______________|
| | | | | |
|_________________|___________|_________________________|__________|______________|

I, ______________________________, nominated in the above nomination paper, agree to be a candidate for the office of president of the Ordre professionnel des techniciens et techniciennes dentaires du Québec.
Enclosed is:
— my curriculum vitae (on one page measuring not more than 22 cm by 28 cm);
— my photograph (measuring not more than 50 mm by 70 mm).
In witness whereof, I have signed at ______________________________, this __________ day of ______________________________ 20__________
__________________________________________
(Signature)
O.C. 825-91, Sch. II.
ACKNOWLEDGMENT OF RECEIPT OF NOMINATION PAPERS FOR THE OFFICE OF PRESIDENT OR DIRECTOR OF THE ORDRE PROFESSIONNEL DES TECHNICIENS ET TECHNICIENNES DENTAIRES DU QUÉBEC
(date) ______________________________________________________________________________
Mr., Mrs., Miss ______________________________________________________________________



Dear Sir or Madam:
We acknowledge receipt of your nomination paper for election to the office of ______________________________ of the Ordre professionnel des techniciens et techniciennes dentaires du Québec.
The poll shall close at __________________________ (time) __________________________ (date). The counting of the votes will take place at ______________________________ (time) ______________________________ (date).
__________________________________________
Secretary
O.C. 825-91, Sch. III.
NOTICE INFORMING ELECTORS:
— ABOUT THE METHOD OF VOTING AND OF USING THE ENVELOPES;
— OF THE TIME LIMIT AND DATE BY WHICH THE ENVELOPES MUST BE RECEIVED BY THE ORDER
(Date) ______________________________________________________________________________
TO ALL MEMBERS OF THE ORDRE PROFESSIONNEL DES TECHNICIENS ET TECHNICIENNES DENTAIRES DU QUÉBEC
Dear Sir or Madam:
In accordance with section 15 of the Regulation respecting elections to the board of directors of the Ordre professionnel des techniciens et techniciennes dentaires du Québec (chapter C-26, r. 230), please find enclosed a curriculum vitae and a photograph of each candidate for the office of ____________________________ of the Order, as well as the ballot paper and the envelopes required for the election.
After voting, insert your ballot paper into the envelope identified for the purpose, either “BALLOT PAPER — PRESIDENT” or “BALLOT PAPER — DIRECTOR”. Then place the envelope or envelopes inside the one identified “Election”, and sign the latter envelope in the place reserved for that purpose.
It is very important:
— to seal all your envelopes, since otherwise they will be rejected;
— to enclose only your ballot papers in the envelopes, since those that are rejected will not be opened.
We remind you that the poll closes at ______________________________ (time), on ______________________________ (date). The counting of the votes will take place at ______________________________ (time), on ______________________________ (date).
__________________________________________
Secretary
O.C. 825-91, Sch. IV.
BALLOT PAPER FOR THE OFFICE OF PRESIDENT
BALLOT PAPER
Year: 20__________
Candidates nominated for the office of PRESIDENT
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Closing of poll at ___________________________ (time), on ___________________________ (date).
__________________________________________
Secretary
O.C. 825-91, Sch. V.
BALLOT PAPER FOR THE OFFICE OF DIRECTOR IN THE ______________________________ REGION
BALLOT PAPER
Year: 20__________ 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. 825-91, Sch. VI.
OATH CERTIFYING THAT A BALLOT PAPER WAS DAMAGED, SPOILED, LOST OR NOT RECEIVED
(Date) ______________________________________________________________________________
I, the undersigned, ______________________________, a member in good standing of the Ordre professionnel des techniciens et techniciennes dentaires du Québec, swear that I ______________________________ (damaged, spoiled, lost, or did not receive) my ballot paper for the election for the office of ______________________________ (president or director) of the Ordre professionnel des techniciens et techniciennes dentaires du Québec and that another ballot paper was issued to me by the secretary of the Order.
In witness whereof, I have signed at ______________________________, this __________ day of ______________________________ 20__________
_______________________________ or (where applicable) ________________________________
Signature of member Signature of member
Sworn before me, at _____________________, this __________ day of ________________________ 20__________
______________________________________________________________________________
Commissioner for oaths for the judicial district of ______________________________________
__________________________________________
Signature of secretary
O.C. 825-91, 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 professionnel des techniciens et techniciennes dentaires du Québec) any sum of money or consideration whatsoever 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 of the counting of the votes.
In witness whereof, I have signed at ______________________________, this __________ day of ______________________________ 20__________
_______________________________ or (where applicable) ________________________________
Signature of member Signature of member
Sworn before me, at _____________________, this __________ day of ________________________ 20__________
______________________________________________________________________________
Commissioner for oaths for the judicial district of ______________________________________
__________________________________________
Signature of secretary
O.C. 825-91, Sch. VIII.
STATEMENT OF THE POLL
Election to the office of (president or director) of the Ordre professionnel des techniciens et techniciennes dentaires du Québec
Region (where applicable) ______________________________
Number of electors ______________________________

__________________________________________________________
| | |
| Number of valid ballots |__________|
| | |
| Number of valid ballots rejected |__________|
| | |
| 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 seal, at _____________________ this __________ day of _______________________ 20__________
__________________________________________
Signature of election secretary
O.C. 825-91, Sch. IX.
REFERENCES
O.C. 825-91, 1991 G.O. 2, 1962
S.Q. 2008, c. 11, s. 212