In disciplinary matters, when a complaint is filed against a professional for violating the Professional Code or his or her own code of ethics, it is not tried before a judicial court, but before the Disciplinary Council. If one of the two parties, either the professional or the syndic, is dissatisfied with the verdict, he or she may sometimes appeal to the Professions Tribunal, an appeal body specializing in professional matters.
When can I appeal?
Not all decisions of the Disciplinary Council will be subject to appeal. It will be:
- Decision ordering a provisional cancellation or limitation of the right to engage in professional activities;
- A decision allowing or rejecting a disciplinary complaint;
- Decision imposing a penalty;
- Decision concerning the publication of a notice under section 133, para. 5 or 156, para. 5 of the Professional Code;
- Decision ordering the payment of costs related to this notice.
Procedure for Appealing
In accordance with the Professional Code, the time limit for appeal is 30 days from the date of notification of the Disciplinary Council’s decision. This is a strict time limit and must be respected or the Tribunal may dismiss the appeal. The professional will have to fill out an application for appeal, which he or she must file with the court office of the Court of Québec, in the competent judicial district. He must also have the application for appeal served on the other party and on the secretary of the Disciplinary Council who rendered the decision appealed.
Effect of Appeal
The Tribunal will not re-trial the entire case, re-analyze all the evidence or hear witnesses. Rather, his role will be to ensure that no error was made by the Disciplinary Council in analyzing the trial judgment, and correcting this error if necessary. A simple error of law or a “palpable and overriding error” of fact or mixed fact and law will justify an intervention by the Professions Tribunal. The Board may confirm, reverse or vary the decision rendered by the Board. It will also be able to substitute its own decision for that of the Council. The decision of the Professions Tribunal is final and cannot be appealed.