C-26 - Professional Code

Full text
164. An appeal lies to the Professions Tribunal from
(1)  a decision of the disciplinary council ordering a provisional striking off the roll, a suspension or a provisional restriction of the right to engage in professional activities or to use a title reserved to the members of the order, setting conditions the professional must meet in order to be allowed to continue to practise the profession or to use the title reserved to the members of the order, allowing or dismissing a complaint or imposing a penalty;
(1.1)  a decision of the disciplinary council on the publication of a notice under the fifth paragraph of section 133 or the seventh paragraph of section 156 and, for the professional or, on a resolution of the board of directors of the order, for a syndic, from a decision on the payment of publication expenses in accordance with those paragraphs;
(2)  any other decision of the disciplinary council, with leave of the tribunal, if the latter considers that the decision determines part of the dispute or causes irremediable injury to a party, including if it allows an objection to evidence.
Any other decision of the disciplinary council rendered in the course of a trial, except one that allows an objection to evidence, may only be challenged on an appeal against the decision on the merits.
Every appeal shall be brought by way of an application served on the parties and on the secretary of the disciplinary council in accordance with the Code of Civil Procedure (chapter C-25.01). The application, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile, within 30 days of the service of the decision. However, no appeal from a decision allowing a complaint may be brought later than thirty days after the date of service of the decision imposing a penalty.
The parties other than the appellant must file a representation statement at the office of the Court of Québec within 10 days of receipt of the application for appeal.
Within 30 days of receipt of the notice of appeal, the secretary of the disciplinary council shall send the original and three copies of the record to the clerk of the Court of Québec and one copy to each of the parties.
The record shall include the complaint, the subsequent written proceedings, the minutes of the proceeding, the decision of the council and the application. The record shall also include the exhibits produced and a transcript of the hearing if it has been recorded, where the complainant in first instance is a person having lodged a complaint under the second paragraph of section 128.
The tribunal may:
(a)  on application by the secretary of the council, extend the time provided in the fifth paragraph;
(b)  on application by one of the parties, allow that certain contents of the record be not reproduced in the copies which must be sent in accordance with the fifth paragraph.
1973, c. 43, s. 160; 1974, c. 65, s. 27; 1975, c. 80, s. 23; 1988, c. 29, s. 45; 1988, c. 21, s. 66; 1994, c. 40, s. 143; 1999, c. 40, s. 58; 2004, c. 15, s. 7; 2007, c. 35, s. 20; 2008, c. 11, s. 1, s. 118, s. 213; 2009, c. 35, s. 17; 2008, c. 11, s. 118; 2013, c. 12, s. 26; I.N. 2016-01-01 (NCCP); 2017, c. 11, s. 81; 2023, c. 3, s. 23.
164. An appeal lies to the Professions Tribunal from
(1)  a decision of the disciplinary council ordering a provisional striking off the roll, a suspension or a provisional restriction of the right to engage in professional activities or to use a title reserved to the members of the order, setting conditions the professional must meet in order to be allowed to continue to practise the profession or to use the title reserved to the members of the order, allowing or dismissing a complaint or imposing a penalty;
(1.1)  a decision of the disciplinary council on the publication of a notice under the fifth paragraph of section 133 or the seventh paragraph of section 156 and, for the professional or, on a resolution of the board of directors of the order, for a syndic, from a decision on the payment of publication expenses in accordance with those paragraphs;
(2)  (subparagraph repealed).
Every appeal from a decision referred to in subparagraph 1 or 1.1 of the first paragraph shall be brought by way of an application served on the parties and on the secretary of the disciplinary council in accordance with the Code of Civil Procedure (chapter C-25.01). The application, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile, within 30 days of the service of the decision. However, no appeal from a decision allowing a complaint may be brought later than thirty days after the date of service of the decision imposing a penalty.
The parties other than the appellant must file a representation statement at the office of the Court of Québec within 10 days of receipt of the application for appeal.
Within 30 days of receipt of the notice of appeal, the secretary of the disciplinary council shall send the original and three copies of the record to the clerk of the Court of Québec and one copy to each of the parties.
The record shall include the complaint, the subsequent written proceedings, the minutes of the proceeding, the decision of the council and the application. The record shall also include the exhibits produced and a transcript of the hearing if it has been recorded, where the complainant in first instance is a person having lodged a complaint under the second paragraph of section 128.
The tribunal may:
(a)  on application by the secretary of the council, extend the time provided in the fifth paragraph;
(b)  on application by one of the parties, allow that certain contents of the record be not reproduced in the copies which must be sent in accordance with the fifth paragraph.
1973, c. 43, s. 160; 1974, c. 65, s. 27; 1975, c. 80, s. 23; 1988, c. 29, s. 45; 1988, c. 21, s. 66; 1994, c. 40, s. 143; 1999, c. 40, s. 58; 2004, c. 15, s. 7; 2007, c. 35, s. 20; 2008, c. 11, s. 1, s. 118, s. 213; 2009, c. 35, s. 17; 2008, c. 11, s. 118; 2013, c. 12, s. 26; I.N. 2016-01-01 (NCCP); 2017, c. 11, s. 81.
164. An appeal lies to the Professions Tribunal from
(1)  a decision of the disciplinary council ordering a provisional striking off the roll or provisional restriction of the right to engage in professional activities, allowing or dismissing a complaint, or imposing a penalty;
(1.1)  a decision of the disciplinary council on the publication of a notice under the fifth paragraph of section 133 or the fifth paragraph of section 156 and, for the professional or, on a resolution of the board of directors of the order, for a syndic, from a decision on the payment of publication expenses in accordance with those paragraphs;
(2)  (subparagraph repealed).
Every appeal from a decision referred to in subparagraph 1 or 1.1 of the first paragraph shall be brought by way of an application served on the parties and on the secretary of the disciplinary council in accordance with the Code of Civil Procedure (chapter C-25.01). The application, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile, within 30 days of the service of the decision. However, no appeal from a decision allowing a complaint may be brought later than thirty days after the date of service of the decision imposing a penalty.
The parties other than the appellant must file a representation statement at the office of the Court of Québec within 10 days of receipt of the application for appeal.
Within 30 days of receipt of the notice of appeal, the secretary of the disciplinary council shall send the original and three copies of the record to the clerk of the Court of Québec and one copy to each of the parties.
The record shall include the complaint, the subsequent written proceedings, the minutes of the proceeding, the decision of the council and the application. The record shall also include the exhibits produced and a transcript of the hearing if it has been recorded, where the complainant in first instance is a person having lodged a complaint under the second paragraph of section 128.
The tribunal may:
(a)  on application by the secretary of the council, extend the time provided in the fifth paragraph;
(b)  on application by one of the parties, allow that certain contents of the record be not reproduced in the copies which must be sent in accordance with the fifth paragraph.
1973, c. 43, s. 160; 1974, c. 65, s. 27; 1975, c. 80, s. 23; 1988, c. 29, s. 45; 1988, c. 21, s. 66; 1994, c. 40, s. 143; 1999, c. 40, s. 58; 2004, c. 15, s. 7; 2007, c. 35, s. 20; 2008, c. 11, s. 1, s. 118, s. 213; 2009, c. 35, s. 17; 2008, c. 11, s. 118; 2013, c. 12, s. 26; I.N. 2016-01-01 (NCCP).
164. An appeal lies to the Professions Tribunal from
(1)  a decision of the disciplinary council ordering a provisional striking off the roll or provisional restriction of the right to engage in professional activities, allowing or dismissing a complaint, or imposing a penalty;
(1.1)  a decision of the disciplinary council on the publication of a notice under the fifth paragraph of section 133 or the fifth paragraph of section 156 and, for the professional or, on a resolution of the board of directors of the order, for a syndic, from a decision on the payment of publication expenses in accordance with those paragraphs;
(2)  (subparagraph repealed).
Every appeal from a decision referred to in subparagraph 1 or 1.1 of the first paragraph shall be brought by way of a motion served on the parties and on the secretary of the disciplinary council in accordance with the Code of Civil Procedure (chapter C-25). The motion, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile, within 30 days of the service of the decision. However, no appeal from a decision allowing a complaint may be brought later than thirty days after the date of service of the decision imposing a penalty.
The parties other than the appellant must file a written appearance at the office of the Court of Québec within 10 days of receipt of the motion for appeal.
Within 30 days of receipt of the notice of appeal, the secretary of the disciplinary council shall send the original and three copies of the record to the clerk of the Court of Québec and one copy to each of the parties.
The record shall include the complaint, the subsequent written proceedings, the minutes of the proceeding, the decision of the council and the petition. The record shall also include the exhibits produced and a transcript of the hearing if it has been recorded, where the complainant in first instance is a person having lodged a complaint under the second paragraph of section 128.
The tribunal may:
(a)  upon a motion of the secretary of the council, extend the time provided in the fifth paragraph;
(b)  upon a motion of one of the parties, allow that certain contents of the record be not reproduced in the copies which must be sent in accordance with the fifth paragraph.
1973, c. 43, s. 160; 1974, c. 65, s. 27; 1975, c. 80, s. 23; 1988, c. 29, s. 45; 1988, c. 21, s. 66; 1994, c. 40, s. 143; 1999, c. 40, s. 58; 2004, c. 15, s. 7; 2007, c. 35, s. 20; 2008, c. 11, s. 1, s. 118, s. 213; 2009, c. 35, s. 17; 2008, c. 11, s. 118; 2013, c. 12, s. 26.
164. An appeal lies to the Professions Tribunal from
(1)  a decision of the disciplinary council ordering a provisional striking off the roll or provisional restriction of the right to engage in professional activities, allowing or dismissing a complaint, or imposing a penalty;
(1.1)  a decision of the disciplinary council on the publication of a notice under the fifth paragraph of section 133 or the fifth paragraph of section 156 and, for the professional or, on a resolution of the board of directors of the order, for a syndic, from a decision on the payment of publication expenses in accordance with those paragraphs;
(2)  any other decision of the disciplinary council or its chair, substitute chair or replacement chair, with the leave of the tribunal.
Every appeal from a decision referred to in subparagraph 1 or 1.1 of the first paragraph shall be brought by way of a motion served on the parties and on the secretary of the disciplinary council in accordance with the Code of Civil Procedure (chapter C-25). The motion, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile, within 30 days of the service of the decision. However, no appeal from a decision allowing a complaint may be brought later than thirty days after the date of service of the decision imposing a penalty.
Leave to appeal from a decision referred to in subparagraph 2 of the first paragraph is applied for to the tribunal by way of a motion served on the parties and on the secretary of the disciplinary council in accordance with the Code of Civil Procedure. The motion for leave to appeal, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile within 30 days of the date of the decision being appealed from.
The parties other than the appellant must file a written appearance at the office of the Court of Québec within 10 days of receipt of the motion for appeal or the motion for leave to appeal, as the case may be.
Within 30 days of receipt of the notice of appeal or the decision of the tribunal granting leave to appeal, the secretary of the disciplinary council shall send the original and three copies of the record to the clerk of the Court of Québec and one copy to each of the parties.
The record shall include the complaint, the subsequent written proceedings, the minutes of the proceeding, the decision of the council and the petition. The record shall also include the exhibits produced and a transcript of the hearing if it has been recorded, where the complainant in first instance is a person having lodged a complaint under the second paragraph of section 128.
The tribunal may:
(a)  upon a motion of the secretary of the council, extend the time provided in the fifth paragraph;
(b)  upon a motion of one of the parties, allow that certain contents of the record be not reproduced in the copies which must be sent in accordance with the fifth paragraph.
1973, c. 43, s. 160; 1974, c. 65, s. 27; 1975, c. 80, s. 23; 1988, c. 29, s. 45; 1988, c. 21, s. 66; 1994, c. 40, s. 143; 1999, c. 40, s. 58; 2004, c. 15, s. 7; 2007, c. 35, s. 20; 2008, c. 11, s. 1, s. 118, s. 213; 2009, c. 35, s. 17; 2008, c. 11, s. 118.
164. An appeal lies to the Professions Tribunal from
(1)  a decision of the disciplinary council ordering a provisional striking off the roll or provisional restriction of the right to engage in professional activities, allowing or dismissing a complaint, or imposing a penalty;
(1.1)  a decision of the disciplinary council on the publication of a notice under the fifth paragraph of section 133 or the fifth paragraph of section 156 and, for the professional or, on a resolution of the board of directors of the order, for a syndic, from a decision on the payment of publication expenses in accordance with those paragraphs;
(2)  any other decision of the disciplinary council or its chair, substitute chair or replacement chair, with the leave of the tribunal.
Every appeal from a decision referred to in subparagraph 1 or 1.1 of the first paragraph shall be brought by way of a motion served on the parties and on the secretary of the disciplinary council in accordance with the Code of Civil Procedure (chapter C-25). The motion, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile, within 30 days of the service of the decision. However, no appeal from a decision allowing a complaint may be brought later than thirty days after the date of service of the decision imposing a penalty.
Leave to appeal from a decision referred to in subparagraph 2 of the first paragraph is applied for to the tribunal by way of a motion served on the parties and on the secretary of the disciplinary council in accordance with the Code of Civil Procedure. The motion for leave to appeal, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile within 30 days of the date of the decision being appealed from.
The parties other than the appellant must file a written appearance at the office of the Court of Québec within 10 days of receipt of the motion for appeal or the motion for leave to appeal, as the case may be.
Within 30 days of receipt of the notice of appeal or the decision of the tribunal granting leave to appeal, the secretary of the disciplinary council shall send the original and three copies of the record to the clerk of the Court of Québec and one copy to each of the parties.
The record shall comprise the complaint, the subsequent proceedings, the exhibits produced, the transcription of the hearing if it has been recorded, the minutes of the trial, the decision of the council and the petition.
The tribunal may:
(a)  upon a motion of the secretary of the council, extend the time provided in the fifth paragraph;
(b)  upon a motion of one of the parties, allow that certain contents of the record be not reproduced in the copies which must be sent in accordance with the fifth paragraph.
1973, c. 43, s. 160; 1974, c. 65, s. 27; 1975, c. 80, s. 23; 1988, c. 29, s. 45; 1988, c. 21, s. 66; 1994, c. 40, s. 143; 1999, c. 40, s. 58; 2004, c. 15, s. 7; 2007, c. 35, s. 20; 2008, c. 11, s. 1, s. 118, s. 213; 2009, c. 35, s. 17.
164. An appeal lies to the Professions Tribunal from
(1)  a decision of the disciplinary council ordering a provisional striking off the roll or provisional restriction of the right to engage in professional activities, allowing or dismissing a complaint, or imposing a penalty;
(1.1)  a decision of the disciplinary council on the publication of a notice under the fifth paragraph of section 133 or the fifth paragraph of section 156 and, for the professional or, on a resolution of the board of directors of the order, for a syndic, from a decision on the payment of publication expenses in accordance with those paragraphs;
(2)  any other decision of the disciplinary council or its chair, with the leave of the tribunal.
Every appeal from a decision referred to in subparagraph 1 or 1.1 of the first paragraph shall be brought by way of a motion served on the parties and on the secretary of the disciplinary council in accordance with the Code of Civil Procedure (chapter C‐25). The motion, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile, within 30 days of the service of the decision. However, no appeal from a decision allowing a complaint may be brought later than thirty days after the date of service of the decision imposing a penalty.
Leave to appeal from a decision referred to in subparagraph 2 of the first paragraph is applied for to the tribunal by way of a motion served on the parties and on the secretary of the disciplinary council in accordance with the Code of Civil Procedure. The motion for leave to appeal, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile within 30 days of the date of the decision being appealed from.
Within 30 days of receipt of the notice of appeal or the decision of the tribunal granting leave to appeal, the secretary of the disciplinary council shall send the original and three copies of the record to the clerk of the Court of Québec and one copy to each of the parties.
The record shall comprise the complaint, the subsequent proceedings, the exhibits produced, the transcription of the hearing if it has been recorded, the minutes of the trial, the decision of the council and the petition.
The tribunal may:
(a)  upon a motion of the secretary of the council, extend the time provided in the fourth paragraph;
(b)  upon a motion of one of the parties, allow that certain contents of the record be not reproduced in the copies which must be sent in accordance with the fourth paragraph.
1973, c. 43, s. 160; 1974, c. 65, s. 27; 1975, c. 80, s. 23; 1988, c. 29, s. 45; 1988, c. 21, s. 66; 1994, c. 40, s. 143; 1999, c. 40, s. 58; 2004, c. 15, s. 7; 2007, c. 35, s. 20; 2008, c. 11, s. 1, s. 118, s. 213.
164. An appeal lies to the Professions Tribunal from
(1)  a decision of the committee on discipline ordering a provisional striking off the roll or provisional restriction of the right to engage in professional activities, allowing or dismissing a complaint, or imposing a penalty;
(1.1)  a decision of the committee on discipline ordering publication of the notice referred to in the fifth paragraph of section 133 or the fifth paragraph of section 156, by the professional, and from a decision ordering payment of the expenses incurred for publication of the notice in accordance with those paragraphs, by the professional or, upon a resolution of the Bureau of the order, by the syndic;
(2)  any other decision of the committee on discipline or its chairman, with the leave of the tribunal.
Every appeal from a decision referred to in subparagraph 1 or 1.1 of the first paragraph shall be brought by way of a motion served on the parties and on the secretary of the committee on discipline in accordance with the Code of Civil Procedure (chapter C-25). The motion, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile, within 30 days of the service of the decision. However, no appeal from a decision allowing a complaint may be brought later than thirty days after the date of service of the decision imposing a penalty.
Leave to appeal from a decision referred to in subparagraph 2 of the first paragraph is applied for to the tribunal by way of a motion served on the parties and on the secretary of the committee on discipline in accordance with the Code of Civil Procedure. The motion for leave to appeal, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile within 30 days of the date of the decision being appealed from.
Within 30 days of receipt of the notice of appeal or the decision of the tribunal granting leave to appeal, the secretary of the committee on discipline shall send the original and three copies of the record to the clerk of the Court of Québec and one copy to each of the parties.
The record shall comprise the complaint, the subsequent proceedings, the exhibits produced, the transcription of the hearing if it has been recorded, the minutes of the trial, the decision of the committee and the petition.
The tribunal may:
(a)  upon a motion of the secretary of the committee, extend the time provided in the fourth paragraph;
(b)  upon a motion of one of the parties, allow that certain contents of the record be not reproduced in the copies which must be sent in accordance with the fourth paragraph.
1973, c. 43, s. 160; 1974, c. 65, s. 27; 1975, c. 80, s. 23; 1988, c. 29, s. 45; 1988, c. 21, s. 66; 1994, c. 40, s. 143; 1999, c. 40, s. 58; 2004, c. 15, s. 7; 2007, c. 35, s. 20.
164. An appeal lies to the Professions Tribunal from
(1)  a decision of the committee on discipline ordering a provisional striking off the roll or provisional restriction of the right to engage in professional activities, allowing or dismissing a complaint, or imposing a penalty;
(1.1)  a decision of the committee on discipline ordering publication of the notice referred to in the fifth paragraph of section 133 or the fifth paragraph of section 156, by the professional, and from a decision ordering payment of the expenses incurred for publication of the notice in accordance with those paragraphs, by the professional or, upon a resolution of the Bureau of the order, by the syndic;
(2)  any other decision of the committee on discipline, with the leave of the tribunal.
Every appeal from a decision referred to in subparagraph 1 or 1.1 of the first paragraph shall be brought by way of a motion served on the parties and on the secretary of the committee on discipline in accordance with the Code of Civil Procedure (chapter C-25). The motion, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile, within 30 days of the service of the decision. However, no appeal from a decision allowing a complaint may be brought later than thirty days after the date of service of the decision imposing a penalty.
Leave to appeal from a decision referred to in subparagraph 2 of the first paragraph is applied for to the tribunal by way of a motion served on the parties and on the secretary of the committee on discipline in accordance with the Code of Civil Procedure. The motion for leave to appeal, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile within 30 days of the date of the decision being appealed from.
Within 30 days of receipt of the notice of appeal or the decision of the tribunal granting leave to appeal, the secretary of the committee on discipline shall send the original and three copies of the record to the clerk of the Court of Québec and one copy to each of the parties.
The record shall comprise the complaint, the subsequent proceedings, the exhibits produced, the transcription of the hearing if it has been recorded, the minutes of the trial, the decision of the committee and the petition.
The tribunal may:
(a)  upon a motion of the secretary of the committee, extend the time provided in the fourth paragraph;
(b)  upon a motion of one of the parties, allow that certain contents of the record be not reproduced in the copies which must be sent in accordance with the fourth paragraph.
1973, c. 43, s. 160; 1974, c. 65, s. 27; 1975, c. 80, s. 23; 1988, c. 29, s. 45; 1988, c. 21, s. 66; 1994, c. 40, s. 143; 1999, c. 40, s. 58; 2004, c. 15, s. 7.
164. An appeal lies to the Professions Tribunal from
(1)  a decision of the committee on discipline ordering a provisional striking off the roll, allowing or dismissing a complaint, or imposing a penalty;
(1.1)  a decision of the committee on discipline ordering publication of the notice referred to in the fifth paragraph of section 133 or the fifth paragraph of section 156, by the professional, and from a decision ordering payment of the expenses incurred for publication of the notice in accordance with those paragraphs, by the professional or, upon a resolution of the Bureau of the order, by the syndic;
(2)  any other decision of the committee on discipline, with the leave of the tribunal.
Every appeal from a decision referred to in subparagraph 1 or 1.1 of the first paragraph shall be brought by way of a motion served on the parties and on the secretary of the committee on discipline in accordance with the Code of Civil Procedure (chapter C-25). The motion, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile, within 30 days of the service of the decision. However, no appeal from a decision allowing a complaint may be brought later than thirty days after the date of service of the decision imposing a penalty.
Leave to appeal from a decision referred to in subparagraph 2 of the first paragraph is applied for to the tribunal by way of a motion served on the parties and on the secretary of the committee on discipline in accordance with the Code of Civil Procedure. The motion for leave to appeal, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile within 30 days of the date of the decision being appealed from.
Within 30 days of receipt of the notice of appeal or the decision of the tribunal granting leave to appeal, the secretary of the committee on discipline shall send the original and three copies of the record to the clerk of the Court of Québec and one copy to each of the parties.
The record shall comprise the complaint, the subsequent proceedings, the exhibits produced, the transcription of the hearing if it has been recorded, the minutes of the trial, the decision of the committee and the petition.
The tribunal may:
(a)  upon a motion of the secretary of the committee, extend the time provided in the fourth paragraph;
(b)  upon a motion of one of the parties, allow that certain contents of the record be not reproduced in the copies which must be sent in accordance with the fourth paragraph.
1973, c. 43, s. 160; 1974, c. 65, s. 27; 1975, c. 80, s. 23; 1988, c. 29, s. 45; 1988, c. 21, s. 66; 1994, c. 40, s. 143; 1999, c. 40, s. 58.
164. An appeal lies to the Professions Tribunal from
(1)  a decision of the committee on discipline ordering a provisional striking off the roll, allowing or dismissing a complaint, or imposing a penalty;
(1.1)  a decision of the committee on discipline ordering publication of the notice referred to in the fifth paragraph of section 133 or the fifth paragraph of section 156, by the professional, and from a decision ordering payment of the expenses incurred for publication of the notice in accordance with those paragraphs, by the professional or, upon a resolution of the Bureau of the order, by the syndic;
(2)  any other decision of the committee on discipline, with the leave of the tribunal.
Every appeal from a decision referred to in subparagraph 1 or 1.1 of the first paragraph shall be brought by way of a motion served on the parties and on the secretary of the committee on discipline in accordance with the Code of Civil Procedure (chapter C-25). The motion, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile, within 30 days of the service of the decision. However, no appeal from a decision allowing a complaint may be brought later than thirty days after the date of service of the decision imposing a penalty.
Leave to appeal from a decision referred to in subparagraph 2 of the first paragraph is applied for to the tribunal by way of a motion served on the parties and on the secretary of the committee on discipline in accordance with the Code of Civil Procedure. The motion for leave to appeal, which must contain a detailed statement of the grounds for appeal, must be filed at the office of the Court of Québec in the judicial district where the respondent in first instance has his professional domicile within 30 days of the date of the decision being appealed from.
Within 30 days of receipt of the notice of appeal or the decision of the tribunal granting leave to appeal, the secretary of the committee on discipline shall send the original and three copies of the record to the clerk of the Court of Québec and one copy to each of the parties.
The record shall comprise the complaint, the subsequent proceedings, the exhibits produced, the transcription of the hearing if it has been recorded, the minutes of the trial, the decision of the committee and the petition.
The tribunal may:
(a)  upon a motion of the secretary of the committee, extend the delay provided in the fourth paragraph;
(b)  upon a motion of one of the parties, allow that certain contents of the record be not reproduced in the copies which must be sent in accordance with the fourth paragraph.
1973, c. 43, s. 160; 1974, c. 65, s. 27; 1975, c. 80, s. 23; 1988, c. 29, s. 45; 1988, c. 21, s. 66; 1994, c. 40, s. 143.
164. An appeal lies to the Professions Tribunal from
(1)  a decision of the committee on discipline ordering a provisional striking off the roll, allowing or dismissing a complaint, or imposing a penalty;
(2)  any other decision of the committee on discipline, with the leave of the tribunal.
Every appeal from a decision referred to in subparagraph 1 of the first paragraph shall be brought by way of a petition served on the parties and on the secretary of the committee on discipline. The petition must be filed at the office of the Court of Québec of the chief place of the judicial district where the respondent in first instance principally practises his profession, within thirty days of the service of the decision in accordance with the Code of Civil Procedure (chapter C-25). However, no appeal from a decision allowing a complaint may be brought later than thirty days after the date of the decision imposing a penalty.
A petition for leave to appeal must be filed at the office of the Court of Québec of the chief place of the judicial district where the respondent in first instance principally practises his profession, within thirty days of the date of the decision referred to in subparagraph 2 of the first paragraph. The petition must be served, in accordance with the Code of Civil Procedure, on the parties and on the secretary of the committee on discipline and must set out in detail the grounds for appeal.
Within ten days of receipt of the notice of appeal or the decision granting leave to appeal, the secretary of the committee shall send the original and three copies of the record relating to the decision appealed from to the clerk of the Court of Québec.
The record shall comprise the complaint, the subsequent proceedings, the exhibits produced, the transcription of the depositions if they have been recorded, the minutes of the trial, the decision of the committee and the petition.
The chairman of the tribunal or one of the judges designated by him may:
(a)  upon a motion of the secretary of the committee, extend the delay provided in the fourth paragraph;
(b)  upon a motion of one of the parties, allow that certain contents of the record be not reproduced in the three copies which must be sent in accordance with the fourth paragraph.
1973, c. 43, s. 160; 1974, c. 65, s. 27; 1975, c. 80, s. 23; 1988, c. 29, s. 45; 1988, c. 21, s. 66.
164. An appeal lies to the Professions Tribunal from
(1)  a decision of the committee on discipline ordering a provisional striking off the roll, allowing or dismissing a complaint, or imposing a penalty;
(2)  any other decision of the committee on discipline, with the leave of the tribunal.
Every appeal from a decision referred to in subparagraph 1 of the first paragraph shall be brought by way of a petition served on the parties and on the secretary of the committee on discipline. The petition must be filed at the office of the Provincial Court of the chief place of the judicial district where the respondent in first instance principally practises his profession, within thirty days of the service of the decision in accordance with the Code of Civil Procedure (chapter C-25). However, no appeal from a decision allowing a complaint may be brought later than thirty days after the date of the decision imposing a penalty.
A petition for leave to appeal must be filed at the office of the Provincial Court of the chief place of the judicial district where the respondent in first instance principally practises his profession, within thirty days of the date of the decision referred to in subparagraph 2 of the first paragraph. The petition must be served, in accordance with the Code of Civil Procedure, on the parties and on the secretary of the committee on discipline and must set out in detail the grounds for appeal.
Within ten days of receipt of the notice of appeal or the decision granting leave to appeal, the secretary of the committee shall send the original and three copies of the record relating to the decision appealed from to the clerk of the Provincial Court.
The record shall comprise the complaint, the subsequent proceedings, the exhibits produced, the transcription of the depositions if they have been recorded, the minutes of the trial, the decision of the committee and the petition.
The chairman of the tribunal or one of the judges designated by him may:
(a)  upon a motion of the secretary of the committee, extend the delay provided in the fourth paragraph;
(b)  upon a motion of one of the parties, allow that certain contents of the record be not reproduced in the three copies which must be sent in accordance with the fourth paragraph.
1973, c. 43, s. 160; 1974, c. 65, s. 27; 1975, c. 80, s. 23; 1988, c. 29, s. 45.
164. Every appeal under section 162 shall be made by a petition served upon the parties and upon the secretary of the committee on discipline. This petition must be filed at the office of the Provincial Court at the chief place of the judicial district where the respondent in first instance principally practises his profession, within twenty days of the service of the decision of the committee on discipline dismissing the complaint or imposing the penalty, as the case may be, or within ten days of the service of the decision of such committee if such decision has to do with a request for provisional striking off the roll.
Within ten days of receipt of the notice of appeal, the secretary of the committee shall send the original and three copies of the record relating to the decision appealed from to the clerk of the Provincial Court.
The record shall comprise the complaint, the subsequent proceedings, the exhibits produced, the transcription of the depositions if they have been recorded, the minutes of the trial, the decision of the committee and the petition.
A judge of the tribunal may:
(a)  upon a motion of the secretary of the committee, extend the delay provided in the second paragraph;
(b)  upon a motion of one of the parties, allow that certain contents of the record be not reproduced in the three copies which must be sent in accordance with the second paragraph.
1973, c. 43, s. 160; 1974, c. 65, s. 27; 1975, c. 80, s. 23.