C-26, r. 90.1 - Letters patent constituting the Ordre professionnel des criminologues du Québec

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chapter C-26, r. 90.1
Letters patent constituting the Ordre professionnel des criminologues du Québec
CRIMINOLOGUES — LETTERS PATENT
Professional Code
(chapter C-26, s. 27).
C-26
July 22 2015
DIVISION I
GENERAL
1. A professional order is constituted by these letters patent, under the name “Ordre professionnel des criminologues du Québec” or “Ordre des criminologues du Québec”.
O.C. 639-2015, s. 1.
2. Criminologists may engage in the following professional activities, in addition to those otherwise permitted by law: assess the criminogenic factors and offending behaviour of a person as well as the effects of crime on the victim, determine an intervention plan and see to its implementation, support and restore the social skills of the offender and the victim with a view to fostering the social integration of the person in interaction with his or her environment.
The reserved professional activities that criminologists may engage in within the scope of the activities referred to in the first paragraph are the following:
(1)  assess a person suffering from a mental or neuropsychological disorder attested by the diagnosis or evaluation of an authorized professional;
(2)  assess a person further to a decision of the director of youth protection or of a tribunal made under the Youth Protection Act (chapter P-34.1);
(3)  assess an adolescent further to a decision of a tribunal made under the Youth Criminal Justice Act (S.C. 2002, c. 1);
(4)  make decisions as to the use of restraint measures in accordance with the Act respecting health services and social services (chapter S-4.2) and the Act respecting health services and social services for Cree Native persons (chapter S-5);
(5)  make decisions as to the use of isolation measures in accordance with the Act respecting health services and social services and the Act respecting health services and social services for Cree Native persons.
The practice of the profession of criminologist also includes disseminating information, promoting health and preventing suicide, illness, accidents and social problems among individuals and within families and communities to the extent that such activities are related to their professional activities.
Criminologists may practise psychotherapy and use the title of psychotherapist in accordance with the provisions of Chapter VI.1 of the Professional Code (chapter C-26).
O.C. 639-2015, s. 2.
3. The following title is reserved for criminologists: “criminologist”.
The following abbreviation is reserved for criminologists: “criminol.”.
O.C. 639-2015, s. 3.
4. The permit that may be issued by the Ordre professionnel des criminologues du Québec is the criminologist’s permit.
O.C. 639-2015, s. 4.
DIVISION II
TRANSITIONAL
5. On the date of constitution of the Ordre professionnel des criminologues du Québec, the board of directors of the Ordre professionnel des criminologues du Québec is composed of the following 8 directors, one of whom is the president, for the following terms:
— 5 directors eligible to the Order at the time of its constitution, from among the candidates who were elected for that purpose, during a meeting of criminologists called on 14 January, 18 April and 25 April 2013 and held simultaneously at the Université de Montréal, Université Laval and the University of Ottawa at 7 p.m. on 23 May 2013, and who have not since withdrawn;
— 1 director eligible to the Order at the time of its constitution, chosen by those 5 directors;
The president is chosen from among the 6 directors through an election by secret ballot.
Three of the directors, including the president, are appointed for a term ending in 2018 and the three others for a term ending in 2017, on the date the directors elected in 2018 and 2017 respectively take office, as fixed by the regulation made pursuant to paragraph b of section 93 of the Professional Code (chapter C-26). They are deemed to be elected directors;
— 2 directors appointed by the Office des professions du Québec under section 78 of the Professional Code, one for a term ending in 2018 and the other for a term ending in 2017, on the date the directors elected in 2018 and 2017 respectively take office, as fixed by the regulation made pursuant to paragraph b of section 93 of the Professional Code.
O.C. 639-2015, s. 5.
6. Until the coming into force of a government regulation made under the first paragraph of section 184 of the Professional Code (chapter C-26) for the purpose of determining the diplomas giving access to the permit issued by the Ordre professionnel des criminologues du Québec, the following diplomas, awarded by the educational institutions designated below, give access to the permit:
(1)  Baccalauréat en criminologie (B.Sc.) (orientation Intervention) or (orientation Clinique) from the Université de Montréal;
(2)  Maîtrise en criminologie (M.Sc.) (option Intervention) from the Université de Montréal, obtained following the successful completion of the qualifying program imposed by the university since 1993;
(3)  Baccalauréat en criminologie (B.A.) from Université Laval.
O.C. 639-2015, s. 6.
7. A person may obtain a permit issued by the board of directors of the Ordre professionnel des criminologues du Québec if, within 2 years following the date integration takes effect, the person completes a permit application in the form prescribed by the board of directors and demonstrates to the board of directors that he or she has the following training or experience:
(1)  a bachelor’s or master’s degree in criminology issued by the Université de Montréal or a bachelor’s degree in criminology issued by the University of Ottawa, including 540 hours or 12 credits of supervised training in clinical criminological intervention. A credit represents 45 hours of training or learning activities, spent in a classroom, a laboratory, a workshop, training or personal work;
(2)  a bachelor’s degree in criminology issued by the University of Ottawa before 1985 and 5 cumulative years of relevant work experience in clinical criminological intervention during which the person engaged in activities constituting the practice of the profession of criminologist with clients. Such activities include evaluating, planning or implementing a criminological intervention plan and communicating recommendations and the results of evaluations.
O.C. 639-2015, s. 7.
8. Until the coming into force of a regulation made by the Ordre professionnel des criminologues du Québec under paragraph c of section 93 of the Professional Code (chapter C-26) for the purpose of prescribing standards for equivalence of diplomas issued by educational establishments situated outside Québec, for the purpose of issuing a criminologist’s permit, and standards of equivalence of the training of a person who does not hold a diploma required for such purposes, the following standards apply:
(1)  standards for equivalence of diplomas issued by educational establishments situated outside Québec:
(1.1)  a person who holds a diploma in criminology, issued by a university-level educational establishment situated outside Québec, is granted a diploma equivalence for the purpose of issuing a criminologist’s permit if the person demonstrates that the diploma was obtained after completing an undergraduate or graduate program of study comprising a total of 90 credits. A credit represents 45 hours of training or learning activities, spent in a classroom, a laboratory or a workshop, as part of a training period or personal work.
At least 60 of the 90 credits must be in the following areas of criminological knowledge and be apportioned as follows:
(a)  a minimum of 9 credits in the legal system and penology, apportioned as follows:
i.  a minimum of 3 credits in criminal and penal justice, the different jurisdictions, the guiding principles of penal law enforcement, the elements of an offence, grounds of defence, evidence and penal proceedings;
ii.  a minimum of 3 credits in youth protection, situations in which the security or development of a child is in danger, the concepts of child protection and best interest of the child, and in the youth criminal justice system, extrajudicial measures and sanctions, youth sentences and the imposition of adult sentences on young people;
iii.  a minimum of 3 credits in the various sentences and alternative measures, their underlying principles, objectives, determination, execution and impacts;
(b)  a minimum of 6 credits in knowledge of the various practice settings and the relation to ethics and deontology in criminology, apportioned as follows:
i.  a minimum of 3 credits in institutional and community settings for children, adolescents and adults, including schools, group homes, rehabilitation centres, alternative justice organizations, open and secure correctional settings, forensic psychiatry settings, crime victims assistance resources and mediation bodies;
ii.  a minimum of 3 credits in ethics and deontology as they relate to the various practice settings, Québec’s professional system, laws and regulations governing the practice of the profession of criminologist and standards of practice for the practice of the profession;
(c)  a minimum of 6 credits in research methodology and analysis, apportioned as follows:
i.  a minimum of 3 credits in qualitative methodology, its fundamental principles and complementarity with quantitative approaches, content analysis, inductive inference and data triangulation;
ii.  a minimum of 3 credits in quantitative methodology, its fundamental principles and complementarity with qualitative approaches, contingency tables, means tests, correlations and regression analyses;
(d)  a minimum of 12 credits in theories about criminal behaviour, victimization and social reaction, apportioned as follows:
i.  a minimum of 3 credits in the main sociology-based criminology theories, in particular anomie, differential association, social control and labelling, interactionist, constructivist and critical criminology theories;
ii.  a minimum of 3 credits in the main psychology-based criminology theories, in particular developmental, psychodynamic, cognitive-behavioural, systemic and criminal personality theories;
iii.  a minimum of 3 credits in the main victimology theories, in particular feminist, learned helplessness, routine activity, poly-victimization and empowerment theories;
iv.  a minimum of 3 credits in mental health problems and the link with criminal behaviour, victimization, the construction of psychiatric diagnoses, mental disorders diagnosed in childhood, adolescence and adulthood, comorbidity and criminal responsibility;
(e)  a minimum of 15 credits in evaluation and intervention methods, apportioned as follows:
i.  a minimum of 3 credits in the principles of evaluation in criminology, situations in which the security or development of a person is in danger, risks, needs, motivation for change, social reintegration potential, structured clinical judgment and actuarial instruments;
ii.  a minimum of 6 credits related to interview and helping relationship techniques in voluntary contexts and contexts of authority;
iii.  a minimum of 6 credits in the principles and models of criminological intervention, individual, group, community or crisis intervention, mediation and conciliation, prevention of reoffending and social reintegration;
(f)  a minimum of 12 credits or 540 hours of training in criminological intervention within programs of study leading to an undergraduate or graduate degree in criminology. The training comprises activities enabling students to become familiar with the various aspects of the practice of the profession of criminologist with a variety of clients and in different settings. Such activities include evaluating, planning, developing and implementing an intervention plan, as well as communicating recommendations and the results of evaluations orally and in writing. The training is carried out under the supervision of a person who has professional experience lasting at least 2 years in the field concerned by the training as well as university-level training in criminology or in another field of mental health and human relations;
(1.2)  despite subparagraph 1.1, where the diploma for which an equivalence application has been filed was obtained more than 5 years before the date of the application and the knowledge it certifies no longer corresponds, taking into account the development of the profession of criminologist, to the knowledge being taught at the time of the application, a person is granted a training equivalence, in accordance with paragraph 2, if the person has acquired, since obtaining the diploma, the required level of knowledge and skills;
(2)  standards of equivalence of the training of a person who does not hold a diploma required for such purposes:
(2.1)  a person is granted a training equivalence for the issue of a criminologist’s permit if the person demonstrates that he or she has a level of knowledge and skills equivalent to the level that may be acquired by the holder of a diploma recognized as giving access to the criminologist’s permit;
(2.2)  in assessing the equivalence of a person’s training, the following factors in particular are taken into account:
(a)  the nature and duration of the person’s work experience;
(b)  the fact that the person holds one or more diplomas awarded in Québec or elsewhere;
(c)  the nature and content of courses taken and marks obtained;
(d)  the nature and content of training periods and other training activities.
O.C. 639-2015, s. 8.
9. On the date of constitution of the Ordre professionnel des criminologues du Québec and until the end of the Order’s first fiscal year, the annual assessment payable by its members is
(1)  for the class of regular member: $650;
(2)  for the class of new graduate member, namely a member of the Order who obtained the diploma recognized as giving access to the permit of the Order or an equivalence of the diploma or training less than 6 months before: $325;
(3)  for the class of retired member, namely a member of the Order who is 55 years of age or older and who does not carry on the professional activities referred to in section 2: $200.
O.C. 639-2015, s. 9.
10. On the date of constitution of the Ordre professionnel des criminologues du Québec and until the coming into force of a regulation made by the Order under paragraph d of section 93 of the Professional Code (chapter C-26) for the purpose of imposing on the members of the Order the obligation to furnish and maintain security against professional liability, every member of the Order must join a professional liability group insurance plan contract entered into by the Order, providing security to cover liability for any fault committed in the practice of their profession. An insurance certificate is issued by the Order to each criminologist who joins a group plan contract.
O.C. 639-2015, s. 10.
11. Until the coming into force of a regulation made by the Ordre professionnel des criminologues du Québec under paragraph f of section 93 of the Professional Code (chapter C-26) for the purpose of determining the location of the head office of the Order, the head office is situated in the territory of the Communauté métropolitaine de Montréal.
O.C. 639-2015, s. 11.
12. On the date of constitution of the Ordre professionnel des criminologues du Québec, the following regulations apply to the members of the Order, to the extent that the regulations are consistent with the provisions of the Professional Code (chapter C-26) and these letters patent, with the necessary modifications, including the replacement of “Ordre professionnel des travailleurs sociaux et des thérapeutes conjugaux et familiaux du Québec” by “Ordre professionnel des criminologues du Québec”, “social worker” by “criminologist”, “social work” by “criminology” and “report on social work” or “expert evaluation” or “psychosocial evaluation” or “evaluation criteria” by “criminological report” or “expert criminological evaluation” or “criminological evaluation" or "criminological evaluation criteria”:
(1)  Code of ethics of the members of the Ordre professionnel des travailleurs sociaux et des thérapeutes conjugaux et familiaux du Québec (chapter C-26, r. 286);
(2)  Règlement sur la cessation d’exercice d’un membre de l’Ordre professionnel des travailleurs sociaux et des thérapeutes conjugaux et familiaux du Québec (chapter C-26, r. 285);
(3)  Section I of the Règlement sur la tenue des dossiers et des cabinets de consultation des membres de l’Ordre professionnel des travailleurs sociaux et des thérapeutes conjugaux et familiaux du Québec (chapter C-26, r. 297).
The regulations cease to apply to the members of the Ordre professionnel des criminologues du Québec on the date of coming into force of a regulation on the same subject and made by the board of directors of the Order under the Professional Code.
O.C. 639-2015, s. 12.
REFERENCES
O.C. 639-2015, 2015 G.O. 2, 1544