Being part of a professional order is not a right, but a privilege that is subject to ethical regulations and rigorous laws. This privilege may be lost if the practice of the profession does not comply with the applicable rules. This is why each professional order has its own syndic, who is an independent employee within it.
The syndic is the “guardian of professional conduct and ethics” within his order, he protects the public by ensuring that there is no inappropriate or unethical practice of the profession. To do so, the board may conduct investigations into members of the professional order, either when requested to do so or on its own initiative, if it has reasonable grounds to believe that one of the members of the order has committed an offence.
The syndic therefore has broad investigative powers conferred by the Professional Code that will allow him to collect all the documents, elements and testimony necessary to verify whether a sufficiently serious and serious ethical fault has been committed. If he concludes that this is the case, he will file a complaint against the professional, which will be dealt with before a Disciplinary Council.
The powers of the syndic
The power to compel a professional
The Code of Ethics and the Professional Code provide for the obligation of the professional member who is the subject of the investigation to cooperate. In particular, the professional must, at the request of the syndic, give him access to any document and information that is necessary for his investigation, even if they are confidential.
This will be the case, for example, with professional or medical records, or financial statements. He will therefore not be able to invoke professional secrecy to justify a refusal of access: the syndic has the right to have access to all the information in the files of the clients of the members of his professional order. It should be noted that the syndic can obtain all this information without even needing judicial authorization.
He must also answer completely and truthfully to any question from the syndic and testify if requested, he will not be able to invoke his right to silence. Finally, the professional cannot encourage a third party with information about him not to cooperate with the syndic’s investigation.
In the event of a refusal to cooperate, the syndic may ask the Superior Court of Quebec to issue an order to provide him with certain information, or even a search warrant in order to seize certain essential elements.
The power to compel a third party
In 2006, the Supreme Court of Canada rendered a decision in which it recognized that the syndic’s powers were so broad that they allowed him to compel third parties. This means that the third party will have the same obligation to collaborate as the professional and will have to provide the syndic with all the information and documents requested. The third party could be, for example, a colleague, a boss or a member of the professional’s family. However, if the third party is a member of another professional order, he or she may invoke professional secrecy to refuse access to the syndic of that order to his or her client’s file. The syndic will then have to obtain the client’s consent to have access to it.
The refusal to cooperate
The syndic’s powers of investigation are fundamental and the professional or third party who fails to cooperate or obstructs the work of the syndic is exposed to serious consequences. Penalties vary, but they could be:
- a warning
- a fine
- a revocation of the licence to practise
- of a deregistration
- criminal prosecution
These sanctions will be analysed by the Disciplinary Council in accordance with the principles for determining the sanction.
For example, in one decision, an architect was accused of failing to respond as quickly as possible and satisfactorily to the syndic’s letters and of obstructing his investigation. The professional stated that he was not accountable to the Order of Architects outside the exclusive scope of practice of the profession, objected to the delivery of certain requested documents and went on a trip by failing to submit them to the syndic without attempting to re-establish contact with him on his return. The Disciplinary Council ruled that the professional’s mixed and reluctant collaboration had hindered the syndic in his investigation. He fined the architect $ 3,000 for each offence and ordered him to return the requested documents to the syndic within 30 days.
Understanding the powers of the syndic to better defend yourself
Being a member of a professional order implies rigorous obligations, particularly towards the syndic, who has extensive powers to protect the public and ensure compliance with ethical standards. Cooperating fully with the syndic is an unavoidable requirement, and failure to do so can result in severe penalties, ranging from fines to disbarment.
At Lambert Avocats, we understand the intricacies of investigations conducted by syndics and understand the impact these situations can have on your career and reputation. If you are the subject of an investigation by your property manager, we can support you with expertise adapted to your profession.
Protect your rights and your career. Contact us today for a confidential consultation and tailored legal support.