A-33, r. 8 - Regulation respecting terms and conditions for election to the board of directors of the Ordre des audioprothésistes du Québec

Replaced on 17 January 2020

This document has official status.

chapter A-33, r. 8

Regulation respecting terms and conditions for election to the board of directors of the Ordre des audioprothésistes du Québec

Hearing-aid Acousticians Act

(chapter A-33, s. 3).

Professional Code

(chapter C-26, s. 93, par. b).

Replaced, Décision OPQ 2019-361, 2020 G.O. 2, 9; eff. 2020-01-17; see chapter A-33, r. 9.1.

DIVISION I GENERAL PROVISIONS

1.01. In this Regulation, unless the context indicates otherwise,

(a)  “Order” means the Ordre des audioprothésistes du Québec;

(b)  “region” means one of the regions within the meaning of the Règlement sur la représentation du Conseil d’administration de l’Ordre des audioprothésistes du Québec et sur la délimitation des régions électorales (chapter A-33, r. 12).

R.R.Q., 1981, c. A-33, r. 4, s. 1.01.

1.02. The Interpretation Act (chapter I-16) applies to this Regulation.

R.R.Q., 1981, c. A-33, r. 4, s. 1.02.

DIVISION II TERM OF OFFICE

2.01. The directors are elected for a term of 3 years.

R.R.Q., 1981, c. A-33, r. 4, s. 2.01.

2.02. The president is elected for a term of 2 years.

R.R.Q., 1981, c. A-33, r. 4, s. 2.02.

DIVISION III ELECTION PROCEDURE

3.01. Between the 45th and 60th day preceding the date of the closing of the poll, the secretary shall send each member of the Order a list of the members of the region in which he principally practises his profession and also a nomination paper in accordance with the form reproduced in Schedule 1.

R.R.Q., 1981, c. A-33, r. 4, s. 3.01.

3.02. A member may not sign more nomination papers than there are offices of director to be filled for his region. A signature appearing on a number of nomination papers in excess of the number of offices of director to be filled shall be struck off all papers.

R.R.Q., 1981, c. A-33, r. 4, s. 3.02.

3.03. In the case where the number of duly proposed candidates is equal to or less than the number of seats to be filled in a region, the secretary shall immediately declare the candidate elected.

R.R.Q., 1981, c. A-33, r. 4, s. 3.03.

3.04. Upon receipt of the nomination paper duly completed, the secretary shall give an official receipt to the candidate in person or send it to him by mail. Such receipt shall attest the validity of the nomination paper.

R.R.Q., 1981, c. A-33, r. 4, s. 3.04.

3.05. In addition to the documents described in section 69 of the Professional Code (chapter C-26), the secretary shall send the following documents to each member of the Order at least 15 days before the date fixed for the closing of the poll:

(a)  a brief curriculum vitae for each candidate stating, in particular, his age, date of admission and principal activities in the Order, if any;

(b)  an inner envelope on which appear the word “BALLOT-PAPER” and the name and number of the region;

(c)  an outer envelope addressed to the secretary on which appears the word “ELECTION” as well as the name of the elector and a space for his signature.

R.R.Q., 1981, c. A-33, r. 4, s. 3.05; O.C. 2258-84, s. 1.

3.06. The ballot-paper certified by the secretary must contain the following data:

(a)  the name and graphic sign of the Order;

(b)  the year of the election;

(c)  the identification of the region;

(d)  the names in alphabetical order of the candidates for the offices of director in the region in which the member principally practises his profession;

(e)  the number of seats to be filled in the region; and

(f)  the date and hour of the closing of the poll.

R.R.Q., 1981, c. A-33, r. 4, s. 3.06.

3.07. An elector may obtain a new ballot-paper from the secretary if the first ballot-paper sent to him is lost or otherwise unusable, provided such elector makes a solemn declaration in writing certifying that his ballot-paper is lost or unusable.

R.R.Q., 1981, c. A-33, r. 4, s. 3.07.

3.07.01. After voting, the elector shall place his ballot-paper in the inner envelope on which appears the word “BALLOT-PAPER”, shall seal the envelope and insert it in the outer envelope on which appears the word “ELECTION”. The elector shall then sign his name in the space reserved for that purpose on such outer envelope and shall send it to the secretary.

O.C. 2258-84, s. 2.

3.07.02. The secretary shall record the names of the electors upon receipt of the outer envelopes delivered to him before the closing of the poll. Without opening them, the secretary shall write on such envelopes the date and time of receipt and his initials and shall deposit them in a sealed ballot box.

O.C. 2258-84, s. 2.

3.08. The closing of the poll is fixed at 6:00 p.m. on the first Friday of April.

R.R.Q., 1981, c. A-33, r. 4, s. 3.08.

3.09. The secretary and the scrutineers shall take the oath to faithfully carry out their duties before any person authorized to administer the oath.

R.R.Q., 1981, c. A-33, r. 4, s. 3.09.

3.10. The votes shall be counted at the head office of the Order.

R.R.Q., 1981, c. A-33, r. 4, s. 3.10.

3.11. The following ballot-papers shall be void: every ballot-paper:

(a)  on which the voter cast his vote otherwise than by a cross, an “X”, a check or a line;

(b)  on which the choice of the number of candidates greater than the number of seats to be filled in the region is expressed;

(c)  that is not certified by the secretary;

(d)  that is spoiled, erased or bears any mark identifying the voter;

(e)  that is not returned in the outer envelope provided by the secretary in accordance with section 3.05;

(f)  that is sent to the secretary by any means other than by mail or delivery by hand by the voter;

(g)  that is not received at the head office of the Order by the closing of the poll.

R.R.Q., 1981, c. A-33, r. 4, s. 3.11; O.C. 2258-84, s. 3.

3.12. The secretary’s decision regarding the validity of a ballot-paper is final.

R.R.Q., 1981, c. A-33, r. 4, s. 3.12.

3.13. The secretary shall declare elected the candidates who have obtained the most votes; he shall have the results of the vote countersigned by the scrutineers.

R.R.Q., 1981, c. A-33, r. 4, s. 3.13.

3.14. Immediately after the election of the candidates, the secretary shall draw up under his signature a general report of the election and of the result of the vote.

R.R.Q., 1981, c. A-33, r. 4, s. 3.14.

3.15. The secretary must send a copy of the report referred to in section 3.14 by registered mail to each candidate. This report shall, in particular, state the number of ballot-papers and official envelopes which the secretary has had printed and his manner of dealing with them.

R.R.Q., 1981, c. A-33, r. 4, s. 3.15; I.N. 2016-01-01 (NCCP).

3.16. The secretary must also make a detailed report of the election at the first meeting of the board of directors following the election.

R.R.Q., 1981, c. A-33, r. 4, s. 3.16.

3.17. If, during the election period, the secretary is unable to act for any reason considered sufficient by the board of directors, the latter shall designate a member of the Order to replace the secretary. The person thus designated shall assume, for the purposes of the election, all the rights and obligations of the secretary whom he replaces.

R.R.Q., 1981, c. A-33, r. 4, s. 3.17.

3.18. Where the president is elected by a general vote of the members of the Order, the pertinent provisions of this Regulation shall apply with the necessary modification to his election.

R.R.Q., 1981, c. A-33, r. 4, s. 3.18.

3.19. Where the president is elected by a vote of the elected directors, his election shall be held during the first meeting of the board of directors after the directors have taken office.

R.R.Q., 1981, c. A-33, r. 4, s. 3.19.

3.20. The ballot papers shall be kept at the head office of the Order in a sealed ballot box for at least 30 days from the date on the receipt for the registered mail prescribed in section 3.15. At the end of this period, the board of directors may order the secretary to destroy the ballot papers.

R.R.Q., 1981, c. A-33, r. 4, s. 3.20; I.N. 2016-01-01 (NCCP).

DIVISION IV TRANSITIONAL PROVISIONS

4.01. To ensure a rotation of directors elected for each region, the number of positions to be filled by region for the years 1978, 1979, shall be as follows:

(a)  for the year 1978: 2 directors for the Western region, 2 directors for the Eastern region;

(b)  for the year 1979: 1 director for the Western region, 1 director for the Eastern region.

R.R.Q., 1981, c. A-33, r. 4, s. 4.01.

4.02. Notwithstanding section 2.01, the term of one of the 2 directors elected in each of the regions during the first election held pursuant to this Regulation shall be 2 years.

R.R.Q., 1981, c. A-33, r. 4, s. 4.02.

4.03. The first election of a president shall be held during the election for the year 1978.

R.R.Q., 1981, c. A-33, r. 4, s. 4.03.

SCHEDULE 1

(s. 3.01)

ORDRE DES AUDIOPROTHÉSISTES DU QUÉBEC

Nomination paper for election of a director or of president

We, the undersigned, hearing aid acousticians having my professional domicile in the ______________________________ region, propose ______________________________ for the office of director (or of president, as the case may be).

In witness whereof, we have signed at ______________________________ this ____________________ day of ____________________ 20_____

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Signatures

I ______________________________, proposed in the above nomination paper, accept the said nomination and solemnly declare that my present conduct is not incompatible with the carrying out of the duties assigned to the board of directors under section 62 of the Professional Code (chapter C-26).

In witness whereof, I have signed at ______________________________ this ____________________ day of ____________________ 20_____

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Signatures

R.R.Q., 1981, c. A-33, r. 4, Sch. 1.

REFERENCES

R.R.Q., 1981, c. A-33, r. 4

O.C. 2258-84, 1984 G.O. 2, 3773

S.Q. 2008, c. 11, s. 212