I-9, r. 12 - Regulation respecting refresher training periods of engineers

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chapter I-9, r. 12
Regulation respecting refresher training periods of engineers
ENGINEERS — REFRESHER TRAINING PERIODS
Engineers Act
(chapter I-9, s. 7).
I-9
Professional Code
(chapter C-26, s. 94, par. j).
C-26
September 1 2012
Replaced, Décision 2017-10-24, 2017 G.O. 2, 5226; eff. 2017-12-07; see chapter I-9, r. 12.1.
DIVISION I
GENERAL PROVISIONS
1.01. In this Regulation, unless the context indicates otherwise,
(a)  “Order” means the Ordre des ingénieurs du Québec;
(b)  “training period” means a refresher training period referred to in this Regulation;
(c)  “tutor” means an engineer responsible for verifying whether a training period or part of a training period is in conformity with the objectives and the terms and conditions determined by the board of directors.
R.R.Q., 1981, c. I-9, r. 12, s. 1.01.
1.02. The Interpretation Act (chapter I-16) applies to this Regulation.
R.R.Q., 1981, c. I-9, r. 12, s. 1.02.
DIVISION II
TRAINING PERIOD
2.01. The board of directors may, if it considers that an engineer’s level of competence does not meet the standards required for the protection of the public, oblige that engineer to serve a refresher training period when:
(a)  his name is entered on the roll more than 5 years after he obtained his permit or more than 5 years from the date on which he was entitled to the issuance of a permit;
(b)  his name is re-entered on the roll after failing to have it entered thereon for more than 5 years;
(c)  his name is re-entered on the roll after having been struck off for more than 5 years;
(d)  he is the subject of a recommendation to that effect by the professional inspection committee or the disciplinary council pursuant to section 113 or 160 of the Professional Code (chapter C-26);
(e)  he has served a training period considered, pursuant to section 2.10, not in conformity with the objectives and the terms and conditions determined by the board of directors.
R.R.Q., 1981, c. I-9, r. 12, s. 2.01.
2.02. A training period may not be imposed more than 90 days after an engineer becomes liable to have to serve such training period.
R.R.Q., 1981, c. I-9, r. 12, s. 2.02.
2.03. The decision of the board of directors to oblige an engineer to serve a training period must specify the objectives, duration and the terms and conditions of that training period.
R.R.Q., 1981, c. I-9, r. 12, s. 2.03.
2.04. A training period may, in particular, consist of one or more of the following activities:
(a)  a period of practical training;
(b)  studies;
(c)  courses;
(d)  research work;
(e)  attendance at conferences or seminars.
R.R.Q., 1981, c. I-9, r. 12, s. 2.04; Erratum, Suppl 800.
2.05. A training period may not exceed 1 year of practical training or 250 hours of courses or of attendance at conferences or seminars or 1,000 hours of studies or research work, nor extend over a period of more than 12 consecutive months.
R.R.Q., 1981, c. I-9, r. 12, s. 2.05.
2.06. The board of directors shall determine where and when the training period must be held and, where necessary, shall designate one or several tutors.
R.R.Q., 1981, c. I-9, r. 12, s. 2.06.
2.07. A tutor shall submit a report to the Order within 10 working days after completion of his mandate stating, with reasons in support thereof, whether the engineer serving a training period acted, while under his supervision, in conformity with the objectives and the terms and conditions determined by the board of directors.
R.R.Q., 1981, c. I-9, r. 12, s. 2.07.
2.08. The engineer serving a training period or his tutor may be required to submit additional reports to the board of directors on the dates determined by the latter.
R.R.Q., 1981, c. I-9, r. 12, s. 2.08.
2.09. The tutor must also send the engineer serving a training period a copy of the report pursuant to section 2.07 or 2.08 at the same time as he sends it to the Order.
R.R.Q., 1981, c. I-9, r. 12, s. 2.09.
2.10. After studying each of the reports required under sections 2.07 and 2.08, the board of directors shall decide, at its first meeting following receipt of the reports, whether the training period is in conformity with the objectives and the terms and conditions it has determined.
R.R.Q., 1981, c. I-9, r. 12, s. 2.10.
DIVISION III
LIMITATION OF PROFESSIONAL ACTIVITIES
3.01. The board of directors may, if it so considers necessary for the protection of the public, limit the right of the engineer in question to practise during all or part of the training period, in particular in one or several of the following ways:
(a)  by determining when and where he is authorized or he is not authorized to practise;
(b)  by determining the professional acts which he is authorized or he is not authorized to perform;
(c)  by requiring that the professional acts that he is authorized to perform, or that certain of them, be performed under the supervision of another engineer or group of engineers.
R.R.Q., 1981, c. I-9, r. 12, s. 3.01.
3.02. The board of director’s decision to limit the right to practise of an engineer serving a training period must be sent to his employer as soon as possible, after the engineer has been notified.
R.R.Q., 1981, c. I-9, r. 12, s. 3.02; O.C. 815-84, s. 1.
DIVISION IV
DECISIONS OF THE BOARD OF DIRECTORS
4.01. Before imposing a training period or limiting an engineer’s right to practise, the board of directors must give the member concerned the opportunity to be heard. For such purpose, the board of directors must give him written notice of at least 10 days from the date of the hearing.
R.R.Q., 1981, c. I-9, r. 12, s. 4.01.
4.02. The reasons for a decision imposing a training period limiting the right of an engineer to practise or ruling on the validity of a completed training period must be given in writing and transmitted within 10 days to the engineer in question by service in accordance with the Code of Civil Procedure (chapter C-25.01) or by registered mail.
R.R.Q., 1981, c. I-9, r. 12, s. 4.02; O.C. 815-84, s. 2; I.N. 2016-01-01 (NCCP).
4.03. The board of director’s decision imposing a training period or limiting the right of an engineer to practise shall take effect 30 days after it has been sent to or served on the latter.
R.R.Q., 1981, c. I-9, r. 12, s. 4.03.
4.04. During the training period, the board of directors may, upon a duly motivated request by the engineer serving a training period communicated to his tutor, reduce the duration and requirements of the training period and, where applicable, reduce the conditions of limitation of the engineer’s right to practise.
R.R.Q., 1981, c. I-9, r. 12, s. 4.04.
4.05. An engineer must comply with any decision of the board of directors rendered in accordance with this Regulation.
R.R.Q., 1981, c. I-9, r. 12, s. 4.05.
REFERENCES
R.R.Q., 1981, c. I-9, r. 12
Erratum, 1982 G.O. 2, 290; Suppl 800
O.C. 815-84, 1984 G.O. 2, 1607
S.Q. 2008, c. 11, s. 212