The purpose of disciplinary proceedings is to sanction a professional who has committed an offence under the provisions of the Professional Code, the Act constituting the order of which he or she is a member or the regulations adopted in accordance with the Code or the Act.
If the professional has indeed committed an offence, one or more penalties may be imposed. Violations may include, but are not limited to, negligence, lack of integrity, evidence of incompetence, breach of ethical duties or professional obligations.
The disciplinary proceeding can be initiated in two ways. The first is by requesting an investigation from the syndic of the order of which the professional is a member. The second is through a direct complaint to the disciplinary council (private complaint). The process is different depending on the way you choose.
The request for an investigation by the syndic
Once the request to the syndic has been completed, the syndic will investigate. He will then have two choices: file a complaint against the professional before the Disciplinary Council or conclude that there are no grounds to file a complaint. Regardless of the decision, the Inspector must inform the person who filed the application in writing of the reasons for the decision. If the syndic decides to file a complaint, he or she is responsible for preparing the file and presenting the evidence to the council. The person who made the request may be called to testify. If the syndic decides not to file the complaint, the person who filed the application may request a review of the decision from the Order’s Review Committee or decide to file a complaint with the Disciplinary Council himself. The request for review must be submitted within 30 days of the date of receipt of the trustee’s initial decision. The Review Committee then issues an opinion, the implementation of which is not mandatory. He will make suggestions for the property manager.
The direct complaint to the Disciplinary Council
When a complaint is made directly to the Disciplinary Council, the person making the complaint is responsible for preparing the file and presenting the evidence to the Disciplinary Council. However, this person may be represented by a lawyer. The complaint must briefly indicate the nature and circumstances of the time and place of the offence alleged against the professional.
The decision of the Disciplinary Council
The Disciplinary Council hears the parties during the hearing, receives their evidence and then renders a decision. If it concludes that the professional has committed an offence, it imposes one or more sanctions on the professional. If the judge concludes that the professional has not committed an offence, it is possible to appeal this decision to the Professions Tribunal. If the complaint was made directly to the Disciplinary Council, it is up to the person who filed the complaint to decide whether or not to appeal the decision. If the complaint was filed by the syndic, it is up to the syndic to decide whether or not to file the appeal.
The Appeal to the Professions Tribunal
To appeal a decision of the Disciplinary Council, a motion containing the reasons for the appeal must be served on the parties and the secretary of the Disciplinary Council. It must also be filed with the court office of the Court of Québec within 30 days of service of the Disciplinary Council’s decision. The Tribunal may then confirm, modify or reverse the decision of the Disciplinary Board. It may also make its own decision. This decision is final and cannot be appealed.
Expertise in disciplinary defence
Facing disciplinary action can be a complex and stressful experience, whether following an investigation by the syndic or a direct complaint to the Disciplinary Council. Every step of the process, whether it is the investigation, the hearing or the appeal to the Professions Tribunal, requires a thorough understanding of the rules and procedures specific to your professional order.
At Lambert Avocats, we master these subtleties and offer tailor-made support, adapted to your situation. Whether you are the subject of an investigation or facing a disciplinary hearing, our professional lawyers are there to protect your rights and defend your reputation with rigor and determination.
Don’t let a disciplinary appeal jeopardize your career. Contact us today for a confidential consultation.