C-26 - Professional Code

Full text
12. The function of the Office shall be to see that each order ensures the protection of the public. For that purpose, the Office may, in particular, monitor the operation of the various mechanisms established within an order pursuant to this Code and, where applicable, the Act constituting the professional order. Each order must collaborate with the Office in the exercise of that function.
The Office may, if it considers it necessary for the protection of the public, require an order to take corrective and appropriate follow-up measures and to comply with any other measure determined by the Office, including supervisory or monitoring measures.
It shall, where it considers it expedient, suggest the establishment of new orders, the amalgamation or dissolution of existing orders, the integration of a group of persons into one of the orders referred to in Division III of Chapter IV and amendments to this Code and the Acts, letters patent, the integration or amalgamation orders, regulations and by-laws governing them; it shall endeavour to bring the orders to work together to find solutions to the common problems they encounter, by reason, in particular, of the relatedness of the activities exercised by their members; it shall suggest ways to ensure the best possible training for professionals.
The Office must, in particular,
(1)  ensure that the board of directors of each order adopts every regulation or by-law which it is required to adopt under this Code or, as the case may be, under the Act constituting the professional order;
(2)  recommend that the Government adopt, by regulation, any regulation or by-law which the board of directors is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, if the board of directors fails to do so within the time fixed by the Office;
(3)  suggest to the board of directors of an order, at any time, the amendments the Office considers necessary to any regulation or by-law adopted by the board of directors, even before its publication in draft form in the Gazette officielle du Québec where so required, and even after its coming into force;
(4)  recommend that the Government adopt, at any time, by regulation, the amendments the Office considers necessary to any regulation or by-law adopted by the board of directors, whether or not the regulation or by-law has been published in draft form in the Gazette officielle du Québec where so required, and whether or not it is in force, if the board of directors fails to adopt such amendments within the time fixed by the Office;
(5)  inform the order concerned of the comments regarding the regulations or by-laws it has examined;
(6)  determine, by regulation and after consultation with the Interprofessional Council:
(a)  the information other than the information provided for in section 46.1 that must be included in the roll of an order, as well as the standards governing the preparation, updating and publication of the roll;
(b)  the standards governing the preparation and content of the annual report of an order;
(c)  the rules governing the holding and keeping of documents held by a professional order for the purpose of supervising the practice of the profession;
(7)  advise the Government on any diploma giving access to a permit or specialist’s certificate issued by an order, after consultation, in particular, with
(a)  the educational institutions and the order concerned;
(b)  the Bureau de coopération interuniversitaire in the case of a university-level diploma;
(c)  the Fédération des cégeps in the case of a college-level diploma;
(d)  the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology;
(7.1)  (subparagraph repealed);
(7.2)  (subparagraph repealed);
(8)  inform the public of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts;
(9)  draw up and propose to the public and to the professional orders documents to further the exercise of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts, including, in particular, a model form for requests for the holding of an inquiry by a syndic or for the lodging of a complaint with the disciplinary council against a professional;
(10)  report to the Government on any order which shows a deficit or has insufficient income to fulfill its duties and on any order which does not fulfill the duties imposed on it by this Code or, as the case may be, by the Act constituting it as a professional order;
(11)  report to the Government, on or before 21 June 2002 and every five years thereafter, on the carrying out of the provisions of this Code pertaining to the security against liability that must be furnished by the members of an order;
(12)  (subparagraph repealed).
The standards set out in a regulation of the Office referred to in subparagraphs a and c of subparagraph 6 of the fourth paragraph may vary with the professional order or the category of information or document.
1973, c. 43, s. 12; 1974, c. 65, s. 3, s. 109; 1975, c. 80, s. 1; 1983, c. 54, s. 15; 1988, c. 29, s. 1; 1986, c. 95, s. 69; 1990, c. 76, s. 1; 1994, c. 40, s. 7; 1998, c. 14, s. 2; 2001, c. 34, s. 1; 2005, c. 28, s. 195; 2006, c. 22, s. 148; 2008, c. 11, s. 1, s. 2; 2009, c. 50, s. 3; 2013, c. 28, s. 203; 2017, c. 112017, c. 11, s. 4.
12. The function of the Office shall be to see that each order ensures the protection of the public. For that purpose, the Office may, in particular, in collaboration with each order, monitor the operation of the various mechanisms established within the order pursuant to this Code and, where applicable, the Act constituting the professional order.
It shall, where it considers it expedient, suggest the establishment of new orders, the amalgamation or dissolution of existing orders, the integration of a group of persons into one of the orders referred to in Division III of Chapter IV and amendments to this Code and the Acts, letters patent, the integration or amalgamation orders, regulations and by-laws governing them; it shall endeavour to bring the orders to work together to find solutions to the common problems they encounter, by reason, in particular, of the relatedness of the activities exercised by their members; it shall suggest ways to ensure the best possible training for professionals.
The Office must, in particular,
(1)  ensure that the board of directors of each order adopts every regulation or by-law which it is required to adopt under this Code or, as the case may be, under the Act constituting the professional order;
(2)  recommend that the Government adopt, by regulation, any regulation or by-law which the board of directors is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, if the board of directors fails to do so within the time fixed by the Office;
(3)  suggest to the board of directors of an order, at any time, the amendments the Office considers necessary to any regulation or by-law adopted by the board of directors which is a regulation or by-law the board of directors is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, even before its publication in draft form in the Gazette officielle du Québec where so required, and even after its coming into force;
(4)  recommend that the Government adopt, at any time, by regulation, the amendments the Office considers necessary to any regulation or by-law adopted by the board of directors which is a regulation or by-law the board of directors is required to adopt under this Code, or, as the case may be, under the Act constituting the professional order, whether or not the regulation or by-law has been published in draft form in the Gazette officielle du Québec where so required, and whether or not it is in force, if the board of directors fails to adopt such amendments within the time fixed by the Office;
(5)  inform the order concerned of the comments regarding the regulations or by-laws it has examined;
(6)  determine, by regulation and after consultation with the Interprofessional Council:
(a)  the information other than the information provided for in section 46.1 that must be included in the roll of an order, as well as the standards governing the preparation, updating and publication of the roll;
(b)  the standards governing the preparation and content of the annual report of an order;
(c)  the rules governing the holding and keeping of documents held by a professional order for the purpose of supervising the practice of the profession;
(7)  advise the Government on any diploma giving access to a permit or specialist’s certificate issued by an order, after consultation, in particular, with
(a)  the educational institutions and the order concerned;
(b)  the Conférence des recteurs et des principaux des universités du Québec in the case of a university-level diploma;
(c)  the Fédération des cégeps in the case of a college-level diploma;
(d)  the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology;
(7.1)  take measures, in cooperation with the Ministère de l’Éducation, du Loisir et du Sport or the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie, to encourage educational institutions and professional orders to collaborate so that if a professional order requires a person to acquire training under a regulation made under paragraph c, c.1 or c.2 of section 93, paragraph i of section 94 as regards standards of equivalence, or paragraph q or r of that section, the training is offered by an educational institution;
(7.2)  report each year to the Government on the measures taken under subparagraph 7.1, making any recommendations it considers appropriate;
(8)  inform the public of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts;
(9)  draw up and propose to the public and to the professional orders documents to further the exercise of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts, including, in particular, a model form for requests for the holding of an inquiry by a syndic or for the lodging of a complaint with the disciplinary council against a professional;
(10)  report to the Government on any order which shows a deficit or has insufficient income to fulfill its duties and on any order which does not fulfill the duties imposed on it by this Code or, as the case may be, by the Act constituting it as a professional order;
(11)  report to the Government, on or before 21 June 2002 and every five years thereafter, on the carrying out of the provisions of this Code pertaining to the security against liability that must be furnished by the members of an order;
(12)  in situations in which it considers it necessary for the protection of the public, propose a course of action or measures to be taken by an order.
The standards set out in a regulation of the Office referred to in subparagraphs a and c of subparagraph 6 of the third paragraph may vary with the professional order or the category of information or document.
1973, c. 43, s. 12; 1974, c. 65, s. 3, s. 109; 1975, c. 80, s. 1; 1983, c. 54, s. 15; 1988, c. 29, s. 1; 1986, c. 95, s. 69; 1990, c. 76, s. 1; 1994, c. 40, s. 7; 1998, c. 14, s. 2; 2001, c. 34, s. 1; 2005, c. 28, s. 195; 2006, c. 22, s. 148; 2008, c. 11, s. 1, s. 2; 2009, c. 50, s. 3; 2013, c. 28, s. 203.
12. The function of the Office shall be to see that each order ensures the protection of the public. For that purpose, the Office may, in particular, in collaboration with each order, monitor the operation of the various mechanisms established within the order pursuant to this Code and, where applicable, the Act constituting the professional order.
It shall, where it considers it expedient, suggest the establishment of new orders, the amalgamation or dissolution of existing orders, the integration of a group of persons into one of the orders referred to in Division III of Chapter IV and amendments to this Code and the Acts, letters patent, the integration or amalgamation orders, regulations and by-laws governing them; it shall endeavour to bring the orders to work together to find solutions to the common problems they encounter, by reason, in particular, of the relatedness of the activities exercised by their members; it shall suggest ways to ensure the best possible training for professionals.
The Office must, in particular,
(1)  ensure that the board of directors of each order adopts every regulation or by-law which it is required to adopt under this Code or, as the case may be, under the Act constituting the professional order;
(2)  recommend that the Government adopt, by regulation, any regulation or by-law which the board of directors is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, if the board of directors fails to do so within the time fixed by the Office;
(3)  suggest to the board of directors of an order, at any time, the amendments the Office considers necessary to any regulation or by-law adopted by the board of directors which is a regulation or by-law the board of directors is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, even before its publication in draft form in the Gazette officielle du Québec where so required, and even after its coming into force;
(4)  recommend that the Government adopt, at any time, by regulation, the amendments the Office considers necessary to any regulation or by-law adopted by the board of directors which is a regulation or by-law the board of directors is required to adopt under this Code, or, as the case may be, under the Act constituting the professional order, whether or not the regulation or by-law has been published in draft form in the Gazette officielle du Québec where so required, and whether or not it is in force, if the board of directors fails to adopt such amendments within the time fixed by the Office;
(5)  inform the order concerned of the comments regarding the regulations or by-laws it has examined;
(6)  determine, by regulation and after consultation with the Interprofessional Council:
(a)  the information other than the information provided for in section 46.1 that must be included in the roll of an order, as well as the standards governing the preparation, updating and publication of the roll;
(b)  the standards governing the preparation and content of the annual report of an order;
(c)  the rules governing the holding and keeping of documents held by a professional order for the purpose of supervising the practice of the profession;
(7)  advise the Government on any diploma giving access to a permit or specialist’s certificate issued by an order, after consultation, in particular, with
(a)  the educational institutions and the order concerned;
(b)  the Conférence des recteurs et des principaux des universités du Québec in the case of a university-level diploma;
(c)  the Fédération des cégeps in the case of a college-level diploma;
(d)  the Minister of Education, Recreation and Sports;
(7.1)  take measures, in cooperation with the Ministère de l’Éducation, du Loisir et du Sport, to encourage educational institutions and professional orders to collaborate so that if a professional order requires a person to acquire training under a regulation made under paragraph c, c.1 or c.2 of section 93, paragraph i of section 94 as regards standards of equivalence, or paragraph q or r of that section, the training is offered by an educational institution;
(7.2)  report each year to the Government on the measures taken under subparagraph 7.1, making any recommendations it considers appropriate;
(8)  inform the public of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts;
(9)  draw up and propose to the public and to the professional orders documents to further the exercise of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts, including, in particular, a model form for requests for the holding of an inquiry by a syndic or for the lodging of a complaint with the disciplinary council against a professional;
(10)  report to the Government on any order which shows a deficit or has insufficient income to fulfill its duties and on any order which does not fulfill the duties imposed on it by this Code or, as the case may be, by the Act constituting it as a professional order;
(11)  report to the Government, on or before 21 June 2002 and every five years thereafter, on the carrying out of the provisions of this Code pertaining to the security against liability that must be furnished by the members of an order;
(12)  in situations in which it considers it necessary for the protection of the public, propose a course of action or measures to be taken by an order.
The standards set out in a regulation of the Office referred to in subparagraphs a and c of subparagraph 6 of the third paragraph may vary with the professional order or the category of information or document.
1973, c. 43, s. 12; 1974, c. 65, s. 3, s. 109; 1975, c. 80, s. 1; 1983, c. 54, s. 15; 1988, c. 29, s. 1; 1986, c. 95, s. 69; 1990, c. 76, s. 1; 1994, c. 40, s. 7; 1998, c. 14, s. 2; 2001, c. 34, s. 1; 2005, c. 28, s. 195; 2006, c. 22, s. 148; 2008, c. 11, s. 1, s. 2; 2009, c. 50, s. 3.
12. The function of the Office shall be to see that each order ensures the protection of the public. For that purpose, the Office may, in particular, in collaboration with each order, monitor the operation of the various mechanisms established within the order pursuant to this Code and, where applicable, the Act constituting the professional order.
It shall, where it considers it expedient, suggest the establishment of new orders, the amalgamation or dissolution of existing orders, the integration of a group of persons into one of the orders referred to in Division III of Chapter IV and amendments to this Code and the Acts, letters patent, the integration or amalgamation orders, regulations and by-laws governing them; it shall endeavour to bring the orders to work together to find solutions to the common problems they encounter, by reason, in particular, of the relatedness of the activities exercised by their members; it shall suggest ways to ensure the best possible training for professionals.
The Office must, in particular,
(1)  ensure that the board of directors of each order adopts every regulation or by-law which it is required to adopt under this Code or, as the case may be, under the Act constituting the professional order;
(2)  recommend that the Government adopt, by regulation, any regulation or by-law which the board of directors is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, if the board of directors fails to do so within the time fixed by the Office;
(3)  suggest to the board of directors of an order, at any time, the amendments the Office considers necessary to any regulation or by-law adopted by the board of directors which is a regulation or by-law the board of directors is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, even before its publication in draft form in the Gazette officielle du Québec where so required, and even after its coming into force;
(4)  recommend that the Government adopt, at any time, by regulation, the amendments the Office considers necessary to any regulation or by-law adopted by the board of directors which is a regulation or by-law the board of directors is required to adopt under this Code, or, as the case may be, under the Act constituting the professional order, whether or not the regulation or by-law has been published in draft form in the Gazette officielle du Québec where so required, and whether or not it is in force, if the board of directors fails to adopt such amendments within the time fixed by the Office;
(5)  inform the order concerned of the comments regarding the regulations or by-laws it has examined;
(6)  determine, by regulation and after consultation with the Interprofessional Council:
(a)  the information other than the information provided for in section 46.1 that must be included in the roll of an order, as well as the standards governing the preparation, updating and publication of the roll;
(b)  the standards governing the preparation and content of the annual report of an order;
(c)  the rules governing the holding and keeping of documents held by a professional order for the purpose of supervising the practice of the profession;
(7)  advise the Government on any diploma giving access to a permit or specialist’s certificate issued by an order, after consultation, in particular, with
(a)  the educational institutions and the order concerned;
(b)  the Conférence des recteurs et des principaux des universités du Québec in the case of a university-level diploma;
(c)  the Fédération des cégeps in the case of a college-level diploma;
(d)  the Minister of Education, Recreation and Sports;
(8)  inform the public of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts;
(9)  draw up and propose to the public and to the professional orders documents to further the exercise of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts, including, in particular, a model form for requests for the holding of an inquiry by a syndic or for the lodging of a complaint with the disciplinary council against a professional;
(10)  report to the Government on any order which shows a deficit or has insufficient income to fulfill its duties and on any order which does not fulfill the duties imposed on it by this Code or, as the case may be, by the Act constituting it as a professional order;
(11)  report to the Government, on or before 21 June 2002 and every five years thereafter, on the carrying out of the provisions of this Code pertaining to the security against liability that must be furnished by the members of an order;
(12)  in situations in which it considers it necessary for the protection of the public, propose a course of action or measures to be taken by an order.
The standards set out in a regulation of the Office referred to in subparagraphs a and c of subparagraph 6 of the third paragraph may vary with the professional order or the category of information or document.
1973, c. 43, s. 12; 1974, c. 65, s. 3, s. 109; 1975, c. 80, s. 1; 1983, c. 54, s. 15; 1988, c. 29, s. 1; 1986, c. 95, s. 69; 1990, c. 76, s. 1; 1994, c. 40, s. 7; 1998, c. 14, s. 2; 2001, c. 34, s. 1; 2005, c. 28, s. 195; 2006, c. 22, s. 148; 2008, c. 11, s. 1, s. 2.
12. The function of the Office shall be to see that each order ensures the protection of the public. For that purpose, the Office may, in particular, in collaboration with each order, monitor the operation of the various mechanisms established within the order pursuant to this Code and, where applicable, the Act constituting the professional order.
It shall, where it considers it expedient, suggest the establishment of new orders, the amalgamation or dissolution of existing orders, the integration of a group of persons into one of the orders referred to in Division III of Chapter IV and amendments to this Code and the Acts, letters patent, the integration or amalgamation orders, regulations and by-laws governing them; it shall endeavour to bring the orders to work together to find solutions to the common problems they encounter, by reason, in particular, of the relatedness of the activities exercised by their members; it shall suggest ways to ensure the best possible training for professionals.
The Office must, in particular,
(1)  ensure that the Bureau of each order adopts every regulation or by-law which it is required to adopt under this Code or, as the case may be, under the Act constituting the professional order;
(2)  recommend that the Government adopt, by regulation, any regulation or by-law which the Bureau is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, if the Bureau fails to do so within the time fixed by the Office;
(3)  suggest to the Bureau of an order, at any time, the amendments the Office considers necessary to any regulation or by-law adopted by the Bureau which is a regulation or by-law the Bureau is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, even before its publication in draft form in the Gazette officielle du Québec where so required, and even after its coming into force;
(4)  recommend that the Government adopt, at any time, by regulation, the amendments the Office considers necessary to any regulation or by-law adopted by the Bureau which is a regulation or by-law the Bureau is required to adopt under this Code, or, as the case may be, under the Act constituting the professional order, whether or not the regulation or by-law has been published in draft form in the Gazette officielle du Québec where so required, and whether or not it is in force, if the Bureau fails to adopt such amendments within the time fixed by the Office;
(5)  inform the order concerned of the comments regarding the regulations or by-laws it has examined;
(6)  determine, by regulation and after consultation with the Interprofessional Council:
(a)  the information other than the information provided for in section 46.1 that must be included in the roll of an order, as well as the standards governing the preparation, updating and publication of the roll;
(b)  the standards governing the preparation and content of the annual report of an order;
(c)  the rules governing the holding and keeping of documents held by a professional order for the purpose of supervising the practice of the profession;
(7)  advise the Government on any diploma giving access to a permit or specialist’s certificate issued by an order, after consultation, in particular, with
(a)  the educational institutions and the order concerned;
(b)  the Conférence des recteurs et des principaux des universités du Québec in the case of a university-level diploma;
(c)  the Fédération des cégeps in the case of a college-level diploma;
(d)  the Minister of Education, Recreation and Sports;
(8)  inform the public of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts;
(9)  draw up and propose to the public and to the professional orders documents to further the exercise of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts, including, in particular, a model form for requests for the holding of an inquiry by the syndic or assistant syndic or for the lodging of a complaint with the committee on discipline against a professional;
(10)  report to the Government on any order which shows a deficit or has insufficient income to fulfill its duties and on any order which does not fulfill the duties imposed on it by this Code or, as the case may be, by the Act constituting it as a professional order;
(11)  report to the Government, on or before 21 June 2002 and every five years thereafter, on the carrying out of the provisions of this Code pertaining to the security against liability that must be furnished by the members of an order.
The standards set out in a regulation of the Office referred to in subparagraphs a and c of subparagraph 6 of the third paragraph may vary with the professional order or the category of information or document.
1973, c. 43, s. 12; 1974, c. 65, s. 3, s. 109; 1975, c. 80, s. 1; 1983, c. 54, s. 15; 1988, c. 29, s. 1; 1986, c. 95, s. 69; 1990, c. 76, s. 1; 1994, c. 40, s. 7; 1998, c. 14, s. 2; 2001, c. 34, s. 1; 2005, c. 28, s. 195; 2006, c. 22, s. 148.
12. The function of the Office shall be to see that each order ensures the protection of the public. For that purpose, the Office may, in particular, in collaboration with each order, monitor the operation of the various mechanisms established within the order pursuant to this Code and, where applicable, the Act constituting the professional order.
It shall, where it considers it expedient, suggest the establishment of new orders, the amalgamation or dissolution of existing orders, the integration of a group of persons into one of the orders referred to in Division III of Chapter IV and amendments to this Code and the Acts, letters patent, the integration or amalgamation orders, regulations and by-laws governing them; it shall endeavour to bring the orders to work together to find solutions to the common problems they encounter, by reason, in particular, of the relatedness of the activities exercised by their members; it shall suggest ways to ensure the best possible training for professionals.
The Office must, in particular,
(1)  ensure that the Bureau of each order adopts every regulation or by-law which it is required to adopt under this Code or, as the case may be, under the Act constituting the professional order;
(2)  recommend that the Government adopt, by regulation, any regulation or by-law which the Bureau is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, if the Bureau fails to do so within the time fixed by the Office;
(3)  suggest to the Bureau of an order, at any time, the amendments the Office considers necessary to any regulation or by-law adopted by the Bureau which is a regulation or by-law the Bureau is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, even before its publication in draft form in the Gazette officielle du Québec where so required, and even after its coming into force;
(4)  recommend that the Government adopt, at any time, by regulation, the amendments the Office considers necessary to any regulation or by-law adopted by the Bureau which is a regulation or by-law the Bureau is required to adopt under this Code, or, as the case may be, under the Act constituting the professional order, whether or not the regulation or by-law has been published in draft form in the Gazette officielle du Québec where so required, and whether or not it is in force, if the Bureau fails to adopt such amendments within the time fixed by the Office;
(5)  inform the order concerned of the comments regarding the regulations or by-laws it has examined;
(6)  determine, by regulation and after consultation with the Interprofessional Council:
(a)  the standards governing the preparation, content, updating and publication of the roll of members;
(b)  the standards governing the preparation and content of the annual report of an order;
(7)  advise the Government on any diploma giving access to a permit or specialist’s certificate issued by an order, after consultation, in particular, with
(a)  the educational institutions and the order concerned;
(b)  the Conférence des recteurs et des principaux des universités du Québec in the case of a university-level diploma;
(c)  the Fédération des cégeps in the case of a college-level diploma;
(d)  the Minister of Education, Recreation and Sports;
(8)  inform the public of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts;
(9)  draw up and propose to the public and to the professional orders documents to further the exercise of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts, including, in particular, a model form for requests for the holding of an inquiry by the syndic or assistant syndic or for the lodging of a complaint with the committee on discipline against a professional;
(10)  report to the Government on any order which shows a deficit or has insufficient income to fulfill its duties and on any order which does not fulfill the duties imposed on it by this Code or, as the case may be, by the Act constituting it as a professional order;
(11)  report to the Government, on or before 21 June 2002 and every five years thereafter, on the carrying out of the provisions of this Code pertaining to the security against liability that must be furnished by the members of an order.
1973, c. 43, s. 12; 1974, c. 65, s. 3, s. 109; 1975, c. 80, s. 1; 1983, c. 54, s. 15; 1988, c. 29, s. 1; 1986, c. 95, s. 69; 1990, c. 76, s. 1; 1994, c. 40, s. 7; 1998, c. 14, s. 2; 2001, c. 34, s. 1; 2005, c. 28, s. 195.
12. The function of the Office shall be to see that each order ensures the protection of the public. For that purpose, the Office may, in particular, in collaboration with each order, monitor the operation of the various mechanisms established within the order pursuant to this Code and, where applicable, the Act constituting the professional order.
It shall, where it considers it expedient, suggest the establishment of new orders, the amalgamation or dissolution of existing orders, the integration of a group of persons into one of the orders referred to in Division III of Chapter IV and amendments to this Code and the Acts, letters patent, the integration or amalgamation orders, regulations and by-laws governing them; it shall endeavour to bring the orders to work together to find solutions to the common problems they encounter, by reason, in particular, of the relatedness of the activities exercised by their members; it shall suggest ways to ensure the best possible training for professionals.
The Office must, in particular,
(1)  ensure that the Bureau of each order adopts every regulation or by-law which it is required to adopt under this Code or, as the case may be, under the Act constituting the professional order;
(2)  recommend that the Government adopt, by regulation, any regulation or by-law which the Bureau is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, if the Bureau fails to do so within the time fixed by the Office;
(3)  suggest to the Bureau of an order, at any time, the amendments the Office considers necessary to any regulation or by-law adopted by the Bureau which is a regulation or by-law the Bureau is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, even before its publication in draft form in the Gazette officielle du Québec where so required, and even after its coming into force;
(4)  recommend that the Government adopt, at any time, by regulation, the amendments the Office considers necessary to any regulation or by-law adopted by the Bureau which is a regulation or by-law the Bureau is required to adopt under this Code, or, as the case may be, under the Act constituting the professional order, whether or not the regulation or by-law has been published in draft form in the Gazette officielle du Québec where so required, and whether or not it is in force, if the Bureau fails to adopt such amendments within the time fixed by the Office;
(5)  inform the order concerned of the comments regarding the regulations or by-laws it has examined;
(6)  determine, by regulation and after consultation with the Interprofessional Council:
(a)  the standards governing the preparation, content, updating and publication of the roll of members;
(b)  the standards governing the preparation and content of the annual report of an order;
(7)  advise the Government on any diploma giving access to a permit or specialist’s certificate issued by an order, after consultation, in particular, with
(a)  the educational institutions and the order concerned;
(b)  the Conférence des recteurs et des principaux des universités du Québec in the case of a university-level diploma;
(c)  the Fédération des cégeps in the case of a college-level diploma;
(d)  the Minister of Education;
(8)  inform the public of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts;
(9)  draw up and propose to the public and to the professional orders documents to further the exercise of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts, including, in particular, a model form for requests for the holding of an inquiry by the syndic or assistant syndic or for the lodging of a complaint with the committee on discipline against a professional;
(10)  report to the Government on any order which shows a deficit or has insufficient income to fulfill its duties and on any order which does not fulfill the duties imposed on it by this Code or, as the case may be, by the Act constituting it as a professional order;
(11)  report to the Government, on or before 21 June 2002 and every five years thereafter, on the carrying out of the provisions of this Code pertaining to the security against liability that must be furnished by the members of an order.
1973, c. 43, s. 12; 1974, c. 65, s. 3, s. 109; 1975, c. 80, s. 1; 1983, c. 54, s. 15; 1988, c. 29, s. 1; 1986, c. 95, s. 69; 1990, c. 76, s. 1; 1994, c. 40, s. 7; 1998, c. 14, s. 2; 2001, c. 34, s. 1.
12. The function of the Office shall be to see that each order ensures the protection of the public. For that purpose, the Office may, in particular, in collaboration with each order, monitor the operation of the various mechanisms established within the order pursuant to this Code and, where applicable, the Act constituting the professional order.
It shall, where it considers it expedient, suggest the establishment of new orders, the amalgamation or dissolution of existing orders, the integration of a group of persons into one of the orders referred to in Division III of Chapter IV and amendments to this Code and the Acts, letters patent, the integration or amalgamation orders, regulations and by-laws governing them; it shall endeavour to bring the orders to work together to find solutions to the common problems they encounter, by reason, in particular, of the relatedness of the activities exercised by their members; it shall suggest ways to ensure the best possible training for professionals.
The Office must, in particular,
(1)  ensure that the Bureau of each order adopts every regulation or by-law which it is required to adopt under this Code or, as the case may be, under the Act constituting the professional order;
(2)  recommend that the Government adopt, by regulation, any regulation or by-law which the Bureau is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, if the Bureau fails to do so within the time fixed by the Office;
(3)  suggest to the Bureau of an order, at any time, the amendments the Office considers necessary to any regulation or by-law adopted by the Bureau which is a regulation or by-law the Bureau is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, even before its publication in draft form in the Gazette officielle du Québec where so required, and even after its coming into force;
(4)  recommend that the Government adopt, at any time, by regulation, the amendments the Office considers necessary to any regulation or by-law adopted by the Bureau which is a regulation or by-law the Bureau is required to adopt under this Code, or, as the case may be, under the Act constituting the professional order, whether or not the regulation or by-law has been published in draft form in the Gazette officielle du Québec where so required, and whether or not it is in force, if the Bureau fails to adopt such amendments within the time fixed by the Office;
(5)  inform the order concerned of the comments regarding the regulations or by-laws it has examined;
(6)  determine, by regulation and after consultation with the Interprofessional Council:
(a)  the standards governing the preparation, content, updating and publication of the roll of members;
(b)  the standards governing the preparation and content of the annual report of an order;
(7)  advise the Government on any diploma giving access to a permit or specialist’s certificate issued by an order, after consultation, in particular, with
(a)  the educational institutions and the order concerned;
(b)  the Conférence des recteurs et des principaux des universités du Québec in the case of a university-level diploma;
(c)  the Fédération des cégeps in the case of a college-level diploma;
(d)  the Minister of Education;
(8)  inform the public of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts;
(9)  draw up and propose to the public and to the professional orders documents to further the exercise of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts, including, in particular, a model form for requests for the holding of an inquiry by the syndic or assistant syndic or for the lodging of a complaint with the committee on discipline against a professional;
(10)  report to the Government on any order which shows a deficit or has insufficient income to fulfill its duties and on any order which does not fulfill the duties imposed on it by this Code or, as the case may be, by the Act constituting it as a professional order.
1973, c. 43, s. 12; 1974, c. 65, s. 3, s. 109; 1975, c. 80, s. 1; 1983, c. 54, s. 15; 1988, c. 29, s. 1; 1986, c. 95, s. 69; 1990, c. 76, s. 1; 1994, c. 40, s. 7; 1998, c. 14, s. 2.
12. The function of the Office shall be to see that each order ensures the protection of the public. For that purpose, the Office may, in particular, in collaboration with each order, monitor the operation of the various mechanisms established within the order pursuant to this Code and, where applicable, the Act constituting the professional order.
It shall, where it considers it expedient, suggest the establishment of new orders or the amalgamation or dissolution of existing orders and amendments to this Code and the Acts, letters patent, regulations and by-laws governing them; it shall endeavour to bring the orders to work together to find solutions to the common problems they encounter, by reason, in particular, of the relatedness of the activities exercised by their members; it shall suggest ways to ensure the best possible training for professionals.
The Office must, in particular,
(1)  ensure that the Bureau of each order adopts every regulation or by-law which it is required to adopt under this Code or, as the case may be, under the Act constituting the professional order;
(2)  recommend that the Government adopt, by regulation, any regulation or by-law which the Bureau is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, if the Bureau fails to do so within the time fixed by the Office;
(3)  suggest to the Bureau of an order, at any time, the amendments the Office considers necessary to any regulation or by-law adopted by the Bureau which is a regulation or by-law the Bureau is required to adopt under this Code or, as the case may be, under the Act constituting the professional order, even before its publication in draft form in the Gazette officielle du Québec where so required, and even after its coming into force;
(4)  recommend that the Government adopt, at any time, by regulation, the amendments the Office considers necessary to any regulation or by-law adopted by the Bureau which is a regulation or by-law the Bureau is required to adopt under this Code, or, as the case may be, under the Act constituting the professional order, whether or not the regulation or by-law has been published in draft form in the Gazette officielle du Québec where so required, and whether or not it is in force, if the Bureau fails to adopt such amendments within the time fixed by the Office;
(5)  inform the order concerned of the comments regarding the regulations or by-laws it has examined;
(6)  determine, by regulation and after consultation with the Interprofessional Council:
(a)  the standards governing the preparation, content, updating and publication of the roll of members;
(b)  the standards governing the preparation and content of the annual report of an order;
(7)  advise the Government on any diploma giving access to a permit or specialist’s certificate issued by an order, after consultation, in particular, with
(a)  the educational institutions and the order concerned;
(b)  the Conférence des recteurs et des principaux des universités du Québec in the case of a university-level diploma;
(c)  the Fédération des cégeps in the case of a college-level diploma;
(d)  the Minister of Education;
(8)  inform the public of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts;
(9)  draw up and propose to the public and to the professional orders documents to further the exercise of the rights and recourses provided for in this Code, the Acts constituting the professional orders and the regulations and by-laws under this Code and the said Acts, including, in particular, a model form for requests for the holding of an inquiry by the syndic or assistant syndic or for the lodging of a complaint with the committee on discipline against a professional;
(10)  report to the Government on any order which shows a deficit or has insufficient income to fulfill its duties and on any order which does not fulfill the duties imposed on it by this Code or, as the case may be, by the Act constituting it as a professional order.
1973, c. 43, s. 12; 1974, c. 65, s. 3, s. 109; 1975, c. 80, s. 1; 1983, c. 54, s. 15; 1988, c. 29, s. 1; 1986, c. 95, s. 69; 1990, c. 76, s. 1; 1994, c. 40, s. 7.
12. The function of the Office shall be to see that each corporation ensures the protection of the public.
It shall, when it considers it expedient, suggest the establishment of new corporations or the amalgamation or dissolution of existing corporations and amendments to the acts governing them; it shall endeavour to bring the corporations to work together to find solutions for common problems they encounter, by reason, in particular, of the relatedness of activities exercised by their members; it shall suggest ways to ensure the best possible training for professionals; it shall make recommendations concerning the regulations and by-laws of professional corporations.
The Office must in particular:
(a)  ensure that each corporation adopts a code of ethics in accordance with section 87;
(b)  adopt, by regulation made under section 87, a code of ethics to govern the members of a corporation which fails to adopt one within the delay fixed by the Office;
(c)  ensure that each corporation establishes, in accordance with section 88, a conciliation and arbitration procedure for the accounts of its members, which may be used by persons who have recourse to the services of the members;
(d)  determine by regulation, in accordance with section 88, a conciliation and arbitration procedure for the accounts of members of any corporation which fails to adopt one within the delay fixed by the Office;
(e)  see that every corporation whose members are called upon to hold sums of money or other securities for the account of their clients, establish an indemnity fund in accordance with section 89;
(f)  establish by regulation, in accordance with section 89, the indemnity fund of a corporation which fails to establish one within the delay fixed by the Office;
(g)  see that each of the corporations determines, in accordance with section 90, the composition, the number of members and the procedure of its professional inspection committee;
(h)  determine by regulation, in accordance with section 90, the composition, the number of members and the procedure of the professional inspection committee of a corporation which fails to do so within the delay fixed by the Office;
(i)  see that each of the corporations determines, in accordance with section 91, rules, terms, conditions and formalities for the preservation, use, management, administration, transfer, assignment, provisional custody and destruction of the records, books, registers, medications, poisons, products, substances, apparatus and equipment of a professional, applicable in the event that he is struck off the roll, he ceases to practice or dies, his right to practice is restricted or suspended or his permit is revoked;
(j)  determine by regulation, in accordance with section 91, rules, terms, conditions and formalities for the preservation, use, management, administration, transfer, assignment, provisional custody and destruction of the records, books, registers, medications, poisons, products, substances, apparatus and equipment of a professional, applicable in the event that he is struck off the roll, ceases to practise or dies, his right to practice is restricted or suspended, or his permit is revoked, if the corporation fails to do so within the delay fixed by the office;
(k)  (subparagraph repealed);
(l)  (subparagraph repealed);
(m)  see that each corporation fixes, in accordance with paragraph a of section 93, the quorum for general meetings of its members and the manner of calling such meetings;
(n)  fix by regulation, in accordance with paragraph a of section 93, the quorum for general meetings of the members of a corporation and the manner of calling such meetings where non have been fixed within the delay fixed by the Office;
(n.1)  see that each of the corporations fixes, in accordance with paragraph b of section 93, the date of an procedure for the election of the president and the elected directors, the date and the time they take office and their term of office;
(n.2)  fix by regulation, in accordance with paragraph b of section 93, the date of and procedure for the election of the president and the elected directors, the date and the time they take office and their term of office, if the corporation fails to adopt a regulation to that effect within the delay fixed by the Office;
(n.3)  see that each of the corporations prescribes, in accordance with paragraph c of section 93, standards for equivalence of diplomas issued by educational establishments situated outside Québec, for the purposes of issuing a permit or specialist’s certificate;
(n.4)  prescribe by regulation, in accordance with paragraph c of section 93, standards for equivalence of diplomas issued by educational establishments situated outside Québec, for the purposes of issuing a permit or specialist’s certificate, if the corporation fails to adopt a regulation to that effect within the delay fixed by the Office;
(o)  see that any corporation required to do so by law determines from among the acts reserved to its members the acts which may, according to certain prescribed conditions, be performed by classes of persons other than its members;
(p)  determine, by regulation, after consultation with the interested corporations, from among the acts reserved to the members of a corporation contemplated by paragraph o, the acts which may, according to certain prescribed conditions, be performed by classes of persons other than the members of such corporation, if such corporation fails to determine such acts within the delay fixed by the Office;
(q)  suggest, if need be, to a corporation amendments it considers necessary to make to the regulations contemplated in paragraphs a to p;
(r)  adopt, by regulation, the amendments that it considers necessary to make to the regulations contemplated in paragraphs a to p, if a corporation fails to adopt such amendments within the delay fixed by the Office;
(s)  investigate the financial administration of any corporation which shodeficit or of which the income appears insufficient to meet its obligations;
(t)  report to the Government on those corporations which show a deficit or of which the income is insufficient to meet their obligations, and those which do not meet the obligations imposed upon them by this Code or the act constituting them;
(u)  adopt by regulation, after consultation with the corporation and bodies concerned, a tariff of professional fees for the services rendered by the members of the corporation, when the cost of these services is not fixed by collective agreement or determined by law;
(v)  publish a compilation, each year, of certain decisions rendered on discipline, in accordance with Division VII of Chapter IV, omitting, however, where an order banning publication so provides, the names of the parties and any other person involved except that of the interested corporation;
(w)  make regulations respecting the carrying out of its affairs.
1973, c. 43, s. 12; 1974, c. 65, s. 3, s. 109; 1975, c. 80, s. 1; 1983, c. 54, s. 15; 1988, c. 29, s. 1; 1986, c. 95, s. 69; 1990, c. 76, s. 1.
12. The function of the Office shall be to see that each corporation ensures the protection of the public.
It shall, when it considers it expedient, suggest the establishment of new corporations or the amalgamation or dissolution of existing corporations and amendments to the acts governing them; it shall endeavour to bring the corporations to work together to find solutions for common problems they encounter, by reason, in particular, of the relatedness of activities exercised by their members; it shall suggest ways to ensure the best possible training for professionals; it shall make recommendations concerning the regulations and by-laws of professional corporations.
The Office must in particular:
(a)  ensure that each corporation adopts a code of ethics in accordance with section 87;
(b)  adopt, by regulation made under section 87, a code of ethics to govern the members of a corporation which fails to adopt one within the delay fixed by the Office;
(c)  ensure that each corporation establishes, in accordance with section 88, a conciliation and arbitration procedure for the accounts of its members, which may be used by persons who have recourse to the services of the members;
(d)  determine by regulation, in accordance with section 88, a conciliation and arbitration procedure for the accounts of members of any corporation which fails to adopt one within the delay fixed by the Office;
(e)  see that every corporation whose members are called upon to hold sums of money or other securities for the account of their clients, establish an indemnity fund in accordance with section 89;
(f)  establish by regulation, in accordance with section 89, the indemnity fund of a corporation which fails to establish one within the delay fixed by the Office;
(g)  see that each of the corporations determines, in accordance with section 90, the composition, the number of members and the procedure of its professional inspection committee;
(h)  determine by regulation, in accordance with section 90, the composition, the number of members and the procedure of the professional inspection committee of a corporation which fails to do so within the delay fixed by the Office;
(i)  see that each of the corporations determines, in accordance with section 91, rules, terms, conditions and formalities for the preservation, use, management, administration, transfer, assignment, provisional custody and destruction of the records, books, registers, medications, poisons, products, substances, apparatus and equipment of a professional, applicable in the event that he is struck off the roll, he ceases to practice or dies, his right to practice is restricted or suspended or his permit is revoked;
(j)  determine by regulation, in accordance with section 91, rules, terms, conditions and formalities for the preservation, use, management, administration, transfer, assignment, provisional custody and destruction of the records, books, registers, medications, poisons, products, substances, apparatus and equipment of a professional, applicable in the event that he is struck off the roll, ceases to practise or dies, his right to practice is restricted or suspended, or his permit is revoked, if the corporation fails to do so within the delay fixed by the office;
(k)  see that each of the corporations determines, in accordnace with section 92, what its members may include in their public advertisements and the conditions under which they may advertise;
(l)  determine, by regulation, in accordance with section 92, what the members of a corporation may include in their public advertisements and the conditions under which they may advertise, if the corporation fails to determine their content and such conditions within the delay fixed by the Office;
(m)  see that each corporation fixes, in accordance with paragraph a of section 93, the quorum for general meetings of its members and the manner of calling such meetings;
(n)  fix by regulation, in accordance with paragraph a of section 93, the quorum for general meetings of the members of a corporation and the manner of calling such meetings where non have been fixed within the delay fixed by the Office;
(n.1)  see that each of the corporations fixes, in accordance with paragraph b of section 93, the date of an procedure for the election of the president and the elected directors, the date and the time they take office and their term of office;
(n.2)  fix by regulation, in accordance with paragraph b of section 93, the date of and procedure for the election of the president and the elected directors, the date and the time they take office and their term of office, if the corporation fails to adopt a regulation to that effect within the delay fixed by the Office;
(n.3)  see that each of the corporations prescribes, in accordance with paragraph c of section 93, standards for equivalence of diplomas issued by educational establishments situated outside Québec, for the purposes of issuing a permit or specialist’s certificate;
(n.4)  prescribe by regulation, in accordance with paragraph c of section 93, standards for equivalence of diplomas issued by educational establishments situated outside Québec, for the purposes of issuing a permit or specialist’s certificate, if the corporation fails to adopt a regulation to that effect within the delay fixed by the Office;
(o)  see that any corporation required to do so by law determines from among the acts reserved to its members the acts which may, according to certain prescribed conditions, be performed by classes of persons other than its members;
(p)  determine, by regulation, after consultation with the interested corporations, from among the acts reserved to the members of a corporation contemplated by paragraph o, the acts which may, according to certain prescribed conditions, be performed by classes of persons other than the members of such corporation, if such corporation fails to determine such acts within the delay fixed by the Office;
(q)  suggest, if need be, to a corporation amendments it considers necessary to make to the regulations contemplated in paragraphs a to p;
(r)  adopt, by regulation, the amendments that it considers necessary to make to the regulations contemplated in paragraphs a to p, if a corporation fails to adopt such amendments within the delay fixed by the Office;
(s)  investigate the financial administration of any corporation which shodeficit or of which the income appears insufficient to meet its obligations;
(t)  report to the Government on those corporations which show a deficit or of which the income is insufficient to meet their obligations, and those which do not meet the obligations imposed upon them by this Code or the act constituting them;
(u)  adopt by regulation, after consultation with the corporation and bodies concerned, a tariff of professional fees for the services rendered by the members of the corporation, when the cost of these services is not fixed by collective agreement or determined by law;
(v)  publish a compilation, each year, of certain decisions rendered on discipline, in accordance with Division VII of Chapter IV, omitting, however, where an order banning publication so provides, the names of the parties and any other person involved except that of the interested corporation;
(w)  make regulations respecting the carrying out of its affairs.
1973, c. 43, s. 12; 1974, c. 65, s. 3, s. 109; 1975, c. 80, s. 1; 1983, c. 54, s. 15; 1988, c. 29, s. 1; 1986, c. 95, s. 69.
12. The function of the Office shall be to see that each corporation ensures the protection of the public.
It shall, when it considers it expedient, suggest the establishment of new corporations or the amalgamation or dissolution of existing corporations and amendments to the acts governing them; it shall endeavour to bring the corporations to work together to find solutions for common problems they encounter, by reason, in particular, of the relatedness of activities exercised by their members; it shall suggest ways to ensure the best possible training for professionals; it shall make recommendations concerning the regulations and by-laws of professional corporations.
The Office must in particular:
(a)  ensure that each corporation adopts a code of ethics in accordance with section 87;
(b)  adopt, by regulation made under section 87, a code of ethics to govern the members of a corporation which fails to adopt one within the delay fixed by the Office;
(c)  ensure that each corporation establishes, in accordance with section 88, a conciliation and arbitration procedure for the accounts of its members, which may be used by persons who have recourse to the services of the members;
(d)  determine by regulation, in accordance with section 88, a conciliation and arbitration procedure for the accounts of members of any corporation which fails to adopt one within the delay fixed by the Office;
(e)  see that every corporation whose members are called upon to hold sums of money or other securities for the account of their clients, establish an indemnity fund in accordance with section 89;
(f)  establish by regulation, in accordance with section 89, the indemnity fund of a corporation which fails to establish one within the delay fixed by the Office;
(g)  see that each of the corporations determines, in accordance with section 90, the composition, the number of members and the procedure of its professional inspection committee;
(h)  determine by regulation, in accordance with section 90, the composition, the number of members and the procedure of the professional inspection committee of a corporation which fails to do so within the delay fixed by the Office;
(i)  see that each of the corporations determines, in accordance with section 91, rules, terms, conditions and formalities for the preservation, use, management, administration, transfer, assignment, provisional custody and destruction of the records, books, registers, medications, poisons, products, substances, apparatus and equipment of a professional, applicable in the event that he is struck off the roll, he ceases to practice or dies, his right to practice is restricted or suspended or his permit is revoked;
(j)  determine by regulation, in accordance with section 91, rules, terms, conditions and formalities for the preservation, use, management, administration, transfer, assignment, provisional custody and destruction of the records, books, registers, medications, poisons, products, substances, apparatus and equipment of a professional, applicable in the event that he is struck off the roll, ceases to practise or dies, his right to practice is restricted or suspended, or his permit is revoked, if the corporation fails to do so within the delay fixed by the office;
(k)  see that each of the corporations determines, in accordance with section 92, what its members may include in their public advertisements and the conditions under which they may advertise;
(l)  determine by regulation, in accordance with section 92, what the members of a corporation may include in their public advertisements and the conditions under which they may advertise, if the corporation fails to determine their content and such conditions within the delay fixed by the Office;
(m)  see that each corporation fixes, in accordance with paragraph a of section 93, the quorum for general meetings of its members and the manner of calling such meetings;
(n)  fix by regulation, in accordance with paragraph a of section 93, the quorum for general meetings of the members of a corporation and the manner of calling such meetings where none have been fixed within the delay fixed by the Office;
(n.1)  see that each of the corporations fixes, in accordance with paragraph b of section 93, the date of and procedure for the election of the president and the elected directors, the date and the time they take office and their term of office;
(n.2)  fix by regulation, in accordance with paragraph b of section 93, the date of and procedure for the election of the president and the elected directors, the date and the time they take office and their term of office, if the corporation fails to adopt a regulation to that effect within the delay fixed by the Office;
(n.3)  see that each of the corporations prescribes, in accordance with paragraph c of section 93, standards for equivalence of diplomas issued by educational establishments situated outside Québec, for the purposes of issuing a permit or specialist’s certificate;
(n.4)  prescribe by regulation, in accordance with paragraph c of section 93, standards for equivalence of diplomas issued by educational establishments situated outside Québec, for the purposes of issuing a permit or specialist’s certificate, if the corporation fails to adopt a regulation to that effect within the delay fixed by the Office;
(o)  see that any corporation required to do so by law determines from among the acts reserved to its members the acts which may, according to certain prescribed conditions, be performed by classes of persons other than its members;
(p)  determine, by regulation, after consultation with the interested corporations, from among the acts reserved to the members of a corporation contemplated by paragraph o, the acts which may, according to certain prescribed conditions, be performed by classes of persons other than the members of such corporation, if such corporation fails to determine such acts within the delay fixed by the Office;
(q)  suggest, if need be, to a corporation amendments it considers necessary to make to the regulations contemplated in paragraphs a to p;
(r)  adopt, by regulation, the amendments that it considers necessary to make to the regulations contemplated in paragraphs a to p, if a corporation fails to adopt such amendments within the delay fixed by the Office;
(s)  investigate the financial administration of any corporation which shodeficit or of which the income appears insufficient to meet its obligations;
(t)  report to the Government on those corporations which show a deficit or of which the income is insufficient to meet their obligations, and those which do not meet the obligations imposed upon them by this Code or the act constituting them;
(u)  adopt by regulation, after consultation with the corporation and bodies concerned, a tariff of professional fees for the services rendered by the members of the corporation, when the cost of these services is not fixed by collective agreement or determined by law;
(v)  publish a compilation, each year, of certain decisions rendered on discipline, in accordance with Division VII of Chapter IV, omitting the names, however, of the parties and any other person involved except that of the interested corporation;
(w)  make regulations respecting the carrying out of its affairs.
1973, c. 43, s. 12; 1974, c. 65, s. 3, s. 109; 1975, c. 80, s. 1; 1983, c. 54, s. 15; 1988, c. 29, s. 1.
12. The function of the Office shall be to see that each corporation ensures the protection of the public.
It shall, when it considers it expedient, suggest the establishment of new corporations or the amalgamation or dissolution of existing corporations and amendments to the acts governing them; it shall endeavour to bring the corporations to work together to find solutions for common problems they encounter, by reason, in particular, of the relatedness of activities exercised by their members; it shall suggest ways to ensure the best possible training for professionals; it shall make recommendations concerning the regulations and by-laws of professional corporations.
The Office must in particular:
(a)  ensure that each corporation adopts a code of ethics in accordance with section 87;
(b)  adopt, by regulation made under section 87, a code of ethics to govern the members of a corporation which fails to adopt one within the delay fixed by the Office;
(c)  ensure that each corporation establishes a conciliation and arbitration procedure for the accounts of its members, which may be used by persons who have recourse to the services of the members;
(d)  determine by regulation a conciliation and arbitration procedure for the accounts of members of any corporation which fails to adopt one within the delay fixed by the Office;
(e)  see that every corporation whose members are called upon to hold sums of money or other securities for the account of their clients, establish an indemnity fund;
(f)  establish by regulation the indemnity fund of a corporation which fails to establish one within the delay fixed by the Office;
(g)  see that each of the corporations determines the procedure of its professional inspection committee;
(h)  determine, by regulation, the procedure of the professional inspection committee of a corporation which fails to establish one within the delay fixed by the Office;
(i)  see that each of the corporations determines rules for the preservation, use or destruction of the records, books and registers of its members after they have ceased to practise, died, been suspended or been struck off the roll of the corporation;
(j)  determine, by regulation, the rules for the preservation, use or destruction of the records, books and registers of the members of a corporation after they have ceased to practice, died, been suspended or been struck off the roll of the corporation, if the corporation fails to determine such rules within the delay fixed by the Office;
(k)  see that each of the corporations determines what its members may include in their public advertisements and the conditions under which they may advertise;
(l)  determine, by regulation, what the members of a corporation may include in their public advertisements and the conditions under which they may advertise, if the corporation fails to determine their content and such conditions within the delay fixed by the Office;
(m)  see that each corporation fixes the quorum for general meetings of its members;
(n)  fix, by regulation, the quorum for general meetings of the members of a corporation where none has been fixed within the delay fixed by the Office;
(o)  see that any corporation required to do so by law determines from among the acts reserved to its members the acts which may, according to certain prescribed conditions, be performed by classes of persons other than its members;
(p)  determine, by regulation, after consultation with the interested corporations, from among the acts reserved to the members of a corporation contemplated by paragraph o, the acts which may, according to certain prescribed conditions, be performed by classes of persons other than the members of such corporation, if such corporation fails to determine such acts within the delay fixed by the Office;
(q)  suggest, if need be, to a corporation amendments it considers necessary to make to the regulations contemplated in paragraphs a to p;
(r)  adopt, by regulation, the amendments that it considers necessary to make to the regulations contemplated in paragraphs a to p, if a corporation fails to adopt such amendments within the delay fixed by the Office;
(s)  investigate the financial administration of any corporation which shows a deficit or of which the income appears insufficient to meet its obligations;
(t)  report to the Government on those corporations which show a deficit or of which the income is insufficient to meet their obligations, and those which do not meet the obligations imposed upon them by this Code or the act constituting them;
(u)  suggest for approval to the Government, after consultation with the corporation and bodies concerned, a tariff of professional fees for the services rendered by the members of the corporation, when the cost of these services is not fixed by collective agreement or determined by law;
(v)  publish a compilation, each year, of certain decisions rendered on discipline, in accordance with Division VII of Chapter IV, omitting the names, however, of the parties and any other person involved except that of the interested corporation;
(w)  make regulations respecting the carrying out of its affairs.
1973, c. 43, s. 12; 1974, c. 65, s. 3, s. 109; 1975, c. 80, s. 1; 1983, c. 54, s. 15.
12. The function of the Office shall be to see that each corporation ensures the protection of the public.
It shall, when it considers it expedient, suggest the establishment of new corporations or the amalgamation or dissolution of existing corporations and amendments to the acts governing them; it shall endeavour to bring the corporations to work together to find solutions for common problems they encounter, by reason, in particular, of the relatedness of activities exercised by their members; it shall suggest ways to ensure the best possible training for professionals; it shall make recommendations concerning the regulations and by-laws of professional corporations.
The Office must in particular:
(a)  ensure that each corporation adopts a code of ethics in accordance with section 87;
(b)  adopt, by regulation made under section 87, a code of ethics to govern the members of a corporation which fails to adopt one within the delay fixed by the Office;
(c)  ensure that each corporation establishes a conciliation and arbitration procedure for the accounts of its members, which may be used by persons who have recourse to the services of the members;
(d)  determine by regulation a conciliation and arbitration procedure for the accounts of members of any corporation which fails to adopt one within the delay fixed by the Office;
(e)  see that every corporation whose members are called upon to hold sums of money or other securities for the account of their clients, establish an indemnity fund;
(f)  establish by regulation the indemnity fund of a corporation which fails to establish one within the delay fixed by the Office;
(g)  see that each of the corporations determines the procedure of its professional inspection committee;
(h)  determine, by regulation, the procedure of the professional inspection committee of a corporation which fails to establish one within the delay fixed by the Office;
(i)  see that each of the corporations determines rules for the preservation, use or destruction of the records, books and registers of its members after they have ceased to practise, died, been suspended or been struck off the roll of the corporation;
(j)  determine, by regulation, the rules for the preservation, use or destruction of the records, books and registers of the members of a corporation after they have ceased to practice, died, been suspended or been struck off the roll of the corporation, if the corporation fails to determine such rules within the delay fixed by the Office;
(k)  see that each of the corporations determines what its members may include in their public advertisements and the conditions under which they may advertise;
(l)  determine, by regulation, what the members of a corporation may include in their public advertisements and the conditions under which they may advertise, if the corporation fails to determine their content and such conditions within the delay fixed by the Office;
(m)  see that each corporation fixes the quorum for general meetings of its members;
(n)  fix, by regulation, the quorum for general meetings of the members of a corporation where none has been fixed within the delay fixed by the Office;
(o)  see that any corporation required to do so by law determines from among the acts reserved to its members the acts which may, according to certain prescribed conditions, be performed by classes of persons other than its members;
(p)  determine, by regulation, after consultation with the interested corporations, from among the acts reserved to the members of a corporation contemplated by paragraph o, the acts which may, according to certain prescribed conditions, be performed by classes of persons other than the members of such corporation, if such corporation fails to determine such acts within the delay fixed by the Office;
(q)  suggest, if need be, to a corporation amendments it considers necessary to make to the regulations contemplated in paragraphs a to p;
(r)  adopt, by regulation, the amendments that it considers necessary to make to the regulations contemplated in paragraphs a to p, if a corporation fails to adopt such amendments within the delay fixed by the Office;
(s)  investigate the financial administration of any corporation which shows a deficit or of which the income appears insufficient to meet its obligations;
(t)  report to the Government on those corporations which show a deficit or of which the income is insufficient to meet their obligations, and those which do not meet the obligations imposed upon them by this Code or the act constituting them;
(u)  suggest for approval to the Government, after consultation with the corporation and bodies concerned, a tariff of professional fees for the services rendered by the members of the corporation, when the cost of these services is not fixed by collective agreement or determined by law;
(v)  publish a compilation, each year, of the decisions rendered on discipline, in accordance with Division VII of Chapter IV, omitting the names, however, of the parties and any other person involved except that of the interested corporation;
(w)  make regulations respecting the carrying out of its affairs.
1973, c. 43, s. 12; 1974, c. 65, s. 3, s. 109; 1975, c. 80, s. 1.