O-7, r. 1 - Regulation respecting the business of the Ordre des optométristes du Québec

Full text
chapter O-7, r. 1
Regulation respecting the business of the Ordre des optométristes du Québec
OPTOMETRISTS — BUSINESS OF THE ORDER
Optometry Act
(chapter O-7, s. 3).
O-7
Professional Code
(chapter C-26, ss. 93 par. f and 94 pars. a and b).
C-26
September 1 2012
Replaced, Décision 2012-04-27, 2012 G.O. 2, 2408; eff. 2012-05-31; see c. O-7, r. 7.1.
DIVISION I
GENERAL PROVISION
1.01. The Interpretation Act (chapter I-16), applies to this Regulation.
R.R.Q., 1981, c. O-7, r. 1, s. 1.01.
DIVISION II
BOARD OF DIRECTORS
2.01. The board of directors must hold a first meeting within 60 days following the counting of the votes for the election of its members.
R.R.Q., 1981, c. O-7, r. 1, s. 2.01.
2.02. At such meeting, the elected members must choose from among them the president, where the general meeting decides that the latter is not elected by general vote, and the vice-president.
R.R.Q., 1981, c. O-7, r. 1, s. 2.02.
2.03. At the same meeting, the board of directors shall appoint a secretary, a treasurer and a legal adviser.
Where applicable, it shall also set up committees and appoint members who shall be part thereof.
R.R.Q., 1981, c. O-7, r. 1, s. 2.03.
2.04. The members of the board of directors shall be convened by the secretary by means of an ordinary letter mailed at least 5 days before the date of the meeting and signed by the president or the secretary.
R.R.Q., 1981, c. O-7, r. 1, s. 2.04.
2.05. The board of directors determines the place, date and time of its meetings.
R.R.Q., 1981, c. O-7, r. 1, s. 2.05.
2.06. In the absence of the president and vice-president, the board of directors shall designate one of its members to preside over one of its meetings.
R.R.Q., 1981, c. O-7, r. 1, s. 2.06.
2.07. As soon as there is a quorum, the president or, in his absence, the vice-president or, in the absence of the latter, the person appointed in accordance with section 2.06 shall take the chair and call the directors to order.
R.R.Q., 1981, c. O-7, r. 1, s. 2.07.
2.08. Where the president is absent or where, being present, he wishes to leave the chair, the vice-president or, in the latter’s absence, the person appointed in accordance with section 2.06, shall replace him until his arrival or return.
R.R.Q., 1981, c. O-7, r. 1, s. 2.08.
2.09. Whenever the president or presiding director adjourns the meeting for lack of a quorum, the time of adjournment and the names of the directors then present shall be entered in the minutes.
R.R.Q., 1981, c. O-7, r. 1, s. 2.09.
2.10. In order to be considered, a proposal must be seconded.
A director may propose an amendment to a proposal. A director may also propose a subamendment. In such case, the vote shall be taken first on the subamendment, then on the amendment and finally on the leading proposal.
R.R.Q., 1981, c. O-7, r. 1, s. 2.10.
2.11. The vote shall be taken by show of hands. However, in all matters, the majority of directors present may request a secret ballot. In such case, the chair shall give the directives for the carrying out of such order without there being any discussion relative to the secret nature of the ballot.
R.R.Q., 1981, c. O-7, r. 1, s. 2.11.
2.12. The board of directors may sit in private on any item when the majority of the members present are in favour of such measure. In such case, only the directors and the persons authorized by the board of directors may remain in the room.
R.R.Q., 1981, c. O-7, r. 1, s. 2.12.
2.13. Subject to the Professional Code (chapter C-26), in particular section 84, the items of procedure not covered by this Regulation shall be governed with the necessary modifications by the rules contained in Procédure des assemblées délibérantes, by Victor Morin, Montréal, 1969.
R.R.Q., 1981, c. O-7, r. 1, s. 2.13.
2.14. In case of emergency, the president may convene a meeting of the board of directors provided that:
(a)  all the directors are notified by telephone or telegram at least 2 days before the meeting; and
(b)  all the directors absent at the meeting acknowledge that they have been convened in accordance with paragraph a.
R.R.Q., 1981, c. O-7, r. 1, s. 2.14.
2.15. Notwithstanding sections 2.04 and 2.14, a meeting of the board of directors shall be considered to be regularly held if all the directors are present and waive the notice of convocation, or if all the directors are convened to a telephone conference and waive the notice of convocation.
R.R.Q., 1981, c. O-7, r. 1, s. 2.15.
DIVISION III
REMUNERATION OF DIRECTORS
3.01. A director shall receive, for each meeting of the board of directors he attends, the same indemnities as those fixed for the members of the committees of the Order.
R.R.Q., 1981, c. O-7, r. 1, s. 3.01.
DIVISION IV
OATH OF DISCRETION OF THE DIRECTORS
4.01. Every director shall take the oath of discretion prescribed in Schedule 1.
R.R.Q., 1981, c. O-7, r. 1, s. 4.01.
DIVISION V
EXECUTIVE COMMITTEE
5.01. The executive committee of the Order shall be composed of the following directors: the president and the vice-president of the Order, 2 directors who are elected and 1 director who is appointed.
R.R.Q., 1981, c. O-7, r. 1, s. 5.01.
5.02. The executive committee shall be convened by means of a written notice sent at least 5 days prior to the date of the meeting.
R.R.Q., 1981, c. O-7, r. 1, s. 5.02.
5.03. The secretary of the Order shall act as secretary of the executive committee but shall not have the right to vote.
R.R.Q., 1981, c. O-7, r. 1, s. 5.03.
5.04. The decisions shall be taken by majority vote of the members present; in the case of a tie-vote, the chair of the meeting shall have the casting vote.
R.R.Q., 1981, c. O-7, r. 1, s. 5.04.
5.05. The executive committee shall exercise all the powers assigned to the board of directors by the Professional Code (chapter C-26) and the Optometry Act (chapter O-7), except those powers which the board of directors must exercise by regulation.
R.R.Q., 1981, c. O-7, r. 1, s. 5.05.
5.06. Sections 2.14 and 2.15 shall apply with the necessary modifications to the meetings of the executive committee.
R.R.Q., 1981, c. O-7, r. 1, s. 5.06.
DIVISION VI
MISCELLANEOUS PROVISIONS
6.01. The head office of the Order shall be situated in the territory of the Communauté métropolitaine de Montréal.
R.R.Q., 1981, c. O-7, r. 1, s. 6.01.
6.02. The seal of the Order is that which appears on the copy of this Regulation kept by the secretary of the Order; it consists of the graphic sign of the Order and the following words: L’Ordre des optométristes du Québec.
R.R.Q., 1981, c. O-7, r. 1, s. 6.02.
6.03. The secretary shall have custody of the seal.
R.R.Q., 1981, c. O-7, r. 1, s. 6.03.
6.04. The secretary shall transmit to all the members of the Order, at least 30 days before the date on which the assessment is payable, a notice giving the amount of that assessment and the date it falls due.
An optometrist who has ceased to practise but wishes to remain on the roll of the Order is granted a reduction in the amount of the assessment provided for in the first paragraph.
An optometrist who wishes to avail himself of the second paragraph must inform the secretary thereof at least 45 days before the date on which the assessment is payable. Such notice is valid for subsequent assessments until such time as the optometrist notifies the secretary that he intends to take up his practice again.
R.R.Q., 1981, c. O-7, r. 1, s. 6.04.
6.05. A member in arrears in the payment of the assessment may be sent, by registered or certified mail, a formal notice to make such payment. If the member does not pay the assessment within 30 days of receiving such notice, he shall be struck off the roll by resolution of the board of directors.
R.R.Q., 1981, c. O-7, r. 1, s. 6.05.
SCHEDULE 1
(s. 4.01)
OATH OF DISCRETION OF THE DIRECTORS
I, ______________________________, swear that I will not reveal to anyone, under any circumstances, anything whatsoever of which I have taken cognizance in the performance of my duties of director, and which concerns any information of a confidential nature contained in the personal record of a member of the Order or which relates to the discipline, professional inspection, code of ethics, or information obtained by the Order or one of its employees under the seal of secrecy, unless authorized therefor by law or by a resolution of the board of directors adopted in the public interest.
__________________, the ________________________________
_______________________________________________________
Signature
Oath of discretion taken before me on the day, month and year mentioned above.
_______________________________________________________
Commissioner for oaths
R.R.Q., 1981, c. O-7, r. 1, Sch. 1.
REFERENCES
R.R.Q., 1981, c. O-7, r. 1
S.Q. 2008, c. 11, ss. 212 and 213