Gazette officielle du Québec. Québec official gazette., 5 juillet 1995, Partie 2 anglais mercredi 5 (no 27)

[" Gazette officielle du Québec Pari 2 Regulations !f ¦ .lie \\mmmm% t f aJU aJU i f màm 11 «A» \\ i & Volume 127 5 July 1995 No.27 W&it \u2022 \u2022r'm /w\\ «p* /w\\ w\\ rw\\ ?¦ ,t' , /'wi r'^$ ^ flr\\ rifA riF> t^t\\ nA a ^ ' f \\ f ' a f f , mmmmmmmmmmmm an an Gazette officielle du Québec Part 2 Volume 127 Laws and 5NoJt71995 Regulations Summary Tabic of contents Coming into force of Acts Proclamations Regulations and other acts Draft Regulations Index Legal deposit \u2014 I \"Quarterly 1968 Bibliothèque nationale du Quebec © Éditeur officiel du Québec, 1995 All rights reserved in all countries.No part of this publication may be translated, used or reproduced for commercial purposes by any means, whether electronic or mechanical, including micro-reproduction, without the written authorization of the Quebec Official Publisher. NOTICE TO READERS The Gazette officielle du Quebec (Laws and Regulations) is published under the authority of the Act respecting government services to departments and public bodies and amending various legislative provisions (1994, c.18) and the Regulation respecting the Gazette officielle du Québec (O.C.3333-81 dated 2 December 1981 amended by O.C.2856-82 dated 8 December 1982, O.C.1774-87 dated 24 November 1987 and O.C.849-92 dated 10 June 1992).Part 2 of the Gazette officii lie du Québec is published at least every Wednesday under the title \"LOIS ET RÈGLEMENTS \".If a Wednesday is a legal holiday, the Official Publisher is authorized to publish on the preceding day or on the Thursday following such holiday.1.Part 2contains: T Acts assented to, before their publication in Ihe annual collection of statutes; 2* proclamations of Acts; 3' regulations made by the Government, a minister or a group of ministers and of Government agencies and semi-public agencies described by the Charter of the French language (R.S.Q., c.C-l I), which before coming into force must be approved by the Government, a minister or a group of ministers; 4' Orders in Council of the Government, decisions of the Conseil du trésor and ministers' orders whose publication in the Gazette officielle du Quebec is required by law or by the Government ; 5* regulations and rules made by a Government agency which do no require approval by the Government, a minister or a group of ministers to come into force, but whose publication in the Gazette officielle du Quebec is required by laws; 6' rules of practice made by judicial courts and quasi-judicial tribunals; 7' drafts of the texts mentioned in paragraph 3 whose publication in the Gazette officielle du Québec is required by law before their adoption or approval by the Government.3.Rates 1, Subscription rates* Part 2 (French).93$ per year English Edition .93 $ per year 2.Rates for sale separate numbers* Separate numbers of the Gazette officielle du Québec sell for 5,32 $ a copy.For information concerning the publication of notices, please call : Gazette officielle du Québec 1500-1), boni.Charcst Ouest T étage Saintc-Foy (Québec) G1N2ES Téléphone: (418)644-7794 (418)644-7795 4.Offprints or subscription only : OfTprinLs Les Publications du Québec CP.1005 Québec (Québec) G1K7B5 Téléphone: (418)643-5150 Télécopieur: (418)643-6177 Subscriptions Service à la clientèle Division des abonnements CP.1190 Outremont (Québec) H2V 4S7 Téléphone: (514)948-1222 * Taxes not included 2.The English edition The English edition of the Gazette officielle du Québec is published at least every Wednesday under the title \"Part 2 - LAWS AND REGULATIONS\".When Wednesday is a holiday, the Official Publisher is authorized to publish it on the preceding day or on the Thursday following such holiday.The English version contains the English text of the documents described in paragraphs I', 2', 3', 5', 6' and 7* of section I. Table of contents Page Coming into force of Acts 890-95 Labour relations, vocational training and manpower management in the construction industry and other legislative provisions, An Act to amend the Act respecting.\u2014 Coming into force.1871 I Proclamations Repeal of Ihe Cooperative Syndicates Act.1873 Humiliations and other acts 810-95 Collective agreement decrees, An Act respecting.\u2014 Men*s and boys' shirt industry (Amend.) .1875 811-95 Possession of dogs in game reserves\u2014 Revocation.1876 815-95 Professional Code \u2014 Land surveyors \u2014 Conciliation and arbitration procedure for the accounts.1877 816-95 Professional Code \u2014 Bar \u2014 Accounting and trust accounts (Amend.).1881 817-95 Professional Code \u2014 Chemists'\u2014 Conciliation and arbitration procedure for the accounts .1882 818-95 Professional Code \u2014 Guidance counsel lors \u2014 Code of ethics (Amend.).1885 819-95 Professional Code \u2014 Nursing assistants \u2014 Terms and conditions for permits to be issued I (Amend.) .1887 Nurses Act, Professional Code \u2014 Nurses \u2014 Standards for equivalence of diplomas for the issue of a permit.1888 821 -95 Physicians \u2014 Acts which may be done by classes of persons other than physicians (Amend.) .1891 822-95 Professional Code \u2014 Engineers \u2014 Procedure for conciliation and arbitration of accounts (Amend.) .1893 823-95 Professional Code \u2014 Notaries \u2014 Trust accounting .1896 824-95 Professional Code \u2014 Diplomas issued by designated teaching establishments which give access to permits or specialist's certificates (Amend.) .1901 891-95 Obtaining a building permit for a new single-family dwelling \u2014 Information required .1902 Draft Regulations Procedure of the Régie du logement.1905 t t \u2022 \u2022 \u2022 \u2022 \u2022 \u2022 \u2022 >arl2 GAZETTE OFFICIELLE DU QUÉBEC* July 5,1995, Vol, 127.No.27 1871 Coming into force of Acts Gouvernement du Québec O.C.890-95,28 June 1995 in Act to amend the Act respecting labour relations, vocational training and manpower management in the construction industry and other legislative provisions (1995, c, 8) Coming into force of sections 5,6 and 51 to 53 Coming into FORCE of certain provisions of the Act to amend Ihe Act respecting labour relations, vocational training and manpower management in the construction industry and other legislative provisions (1995, c.8) WHEREAS the Act to amend the Act respecting labour relations, vocational training and manpower management in the construction industry and other legislative provisions (1995, c.8) was assented to on 8 February 1995; WHEREAS that Act came into force on 8 February 1995, except the provisions of sections 5,6 and 51 to 53, which will come into force on the date fixed by the Government as provided for in section 76; WHEREAS it is expedient to fix 28 June 1995 as the dale of the coming into force of sections 5.6 and 51 to 53 of that Act; It is ORDERED, therefore, upon the recommendation pf the Minister of Employment: That 28 June 1995 be fixed as the date of the coming into force of sections 5.6 and 51 to 53 of the Act to amend the Act respecting labour relations, vocational training and manpower management in the construction industry and other legislative provisions (1995, c.8).t .ouis Bernard, 'lerk of the Conseil exécutif 9172 i Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July S, 1995.Vol.127.No.2?1873 Proclamations ILS.) Martial Asskun.p.c, q.c.Gouvernement du Québec Proclamation Repeal of the Cooperative Syndicates Act (R.S.Q., c.S-38) Tin-: gouvkrnrmknt du Québec prwlaims that: \" The Cooperative Syndicates Act is repealed as of I June 1995.Background: This proclamation follows a recommendation by the Minister of Industry, Trade, Science and Technology, adopted on 3 May 1995 by Order in Council 611-95.Under section 323 of the Cooperatives Act (R.S.Q., kC.C-67.2), the Cooperative Syndicates Act (R.S.Q., le.S-38) is repealed on the date fixed by proclamation of the Government.Québec.3 May 1995 Michel Bouchard.Deputy Attorney general Libro: 509 Polio: 149 t GAZETTE OFFICIELLE OU QUÉBEC.July 5.1995.Vol.127.No.21 1875 \u2022 Regulations and other acts t \u2022 t Gouvernement du Quebec O.C.810-95,14 June 1995 An Act respecting collective agreement decrees (R.S.Q.c.D-2) Men's and boys' shirt \u2014 Amendments Decree to amend the Decree respecting the men's and boys' shirt industry Whereas the Government made the Decree respecting Ihe men's and boys' shin industry (R.R.Q., 1981, c.D-2, r.II); whereas in accordance with section 8 of the Act respecting collective agreement decrees (R.S.Q., c.D-2), the Government may amend a collective agreement decree upon the recommendation of the Minister of Employment; Whereas the Decree respecting the men's and boys' shirt industry was recently amended by Order in Council 254-95 dated I March 1995; whereas Order in Council 254-95 revoked by error the first paragraph of section 9.01 of the Decree respecting the men's and boys' shirt industry and it is expedient to reinsert it therein; Whereas the revocation of section 9.01 has the un-desired effect of allowing employers to reduce the wages of certain categories of employment and it is expedient to re-establish those wages upon the coming into force of this Order in Council; Whereas the contracting parties have requested for the amendment of the Decree respecting the men's and boys' shirt industry for the purpose of re-establishing the wages thus reduced; Whereas it is expedient, therefore, to further amend the Decree respecting the men's and boys' shirt industry; Whereas under .sections 12 and 18 of the Regulations Act (R.S.Q., c.R-18.1), a proposed regulation may be made without having been published as provided for in section 8 of that Act and may come into force on the date of its publication in the Gazette officielle du Quebec where the authority that has made it is of the opinion that the urgency of the situation requires it; Whereas under sections 13 and 18 of that Act, the reason justifying the absence of prior publication and such coming into force shall be published with the regulation; Whereas the Government is of the opinion that the urgency owing to the following circumstances justifies the absence of prior publication and such coming into force: \u2022 because to the revocation of section 9.01 of the Decree by Order in Council 254-95 dated I March 1995, employed employees could be subject to a decrease in wages which would not reflect in any way the intention of the contracting parties to the Decree; It is ordered, therefore, upon the recommendation of the Minister of Employment: That the Decree to amend the Decree respecting the men's and boys' shirt industry, attached hereto, be made.Louis Bernard.Clerk of the Conseil executif Decree to amend the Decree respecting the men's and boys* shirt industry An Act respecting collective agreement decrees (R.S.Q.c.D-2, s.8) I.The Decree respecting the men's and boys' shirt industry (R.R.Q., 1981, c.D-2, r.11), amended by Orders in Council 1841-82 dated 12 August 1982,2239-82 dated 29 September 1982,673-84 dated 21 March 1984, 2611-85 dated 4 December 1985,1124-87 dated 22 July 1987,904-88 dated 8 June 1988,513-91 dated 10 April 1991,1620-92 dated 4 November 1992 and 254-95 dated I March 1995, is further amended by reinserting the following after Division 8:00: \"9.00.Reduction in wages 9.01.For the duration of this Decree, there shall be no reduction in the wages presently paid, whether on an hourly, piece-work or weekly basis.\". GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995, Vol.Ill, No.21 Part 2 IK76 2.From 5 July 1995, all (he wages of employees, holding on 29 March 1995 employment covered by Ihe Decree respecting the men's and boys' shirt industry, that have been decreased, on or after 30 March 1995, by their employer owing to the revocation of section 9.01 of the Decree by section 20 of the Decree to amend the Decree respecting the men's and boys' shirt industry, made by Order in Council 254-95 dated I March 1995, shall be re-established.!{.This Order in Council comes into force on the date of its publication in the Gazelle officielle du Québec.9158 Gouvernement du Québec O.C.811-95,14 June 1995 An Act respecting the conservation and development of wildlife (R.S.Q.c.C-6I.I) Possession of dogs in game reserves \u2014 Revocation Regulation to revoke the Regulation respecting possession of dogs in game reserves WHEREAS the Government made the Regulation respecting possession of dogs in game reserves (R.R.Q., 1981.c.C-61, r.27) in accordance with section 82 of the Wdd-life Conservation Act (R.S.Q.c.C-61); WHEREAS the Wild-life Conservation Act was replaced by the Act respecting the conservation and development of wildlife (R.S.Q., c.C-61.1 ); WHEREAS under section 186 of the Act respecting the conservation and development of wildlife, every provision of a regulation, order in council or order made by the Government under the Wild-life Conservation Act continues to be in force to the extent that it is consistent with that Act; WHEREAS under section 184 of that Act, the provisions of the Wild-life Conservation Act arc replaced by the corresponding provisions of the Act respecting the conservation and development of wildlife; Whereas under paragraph 7 of section 121 of that Act, the Government may, by regulation, in respect of a wildlife sanctuary, determine the conditions on which the presence of a domestic animal or dog is permitted, or prohibit its presence; Whereas it is expedient to revoke the Regulation respecting possession of dogs in game reserves; Whereas in accordance with sections 10 and 11 of the Regulations Act (R.S.Q., c.R-I8.I), a draft of the Regulation to revoke the Regulation respecting possession of dogs in game reserves was published in Part 2 of the Gazelle officielle du Québec of 8 February 1995 with a notice that, upon the expiry of 45 days following that publication, it could be made by the Government; Whereas it is expedient to make the Regulation to revoke the Regulation respecting possession of dogs in game reserves, attached to this Order in Council; it is ordered, therefore, upon the recommendation of the Minister of the r:nvironmcnt and Wildlife: That the Regulation to revoke the Regulation respecting possession of dogs in game reserves, attached to this Order in Council, be made.Louis Bernard, Clerk of ihe Conseil execulif Regulation to revoke the Regulation respecting possession of dogs in game reserves An Act respecting the conservation and development of wildlife (R.S.Q.c.C-61.1, s.121,par.7) 1 \u2022 The Regulation respecting possession of dogs in game reserves (R.R.Q., 1981, c.C-61, r.27) is revoked.2« This Regulation comes into force on the fifteenth day following the date of its publication in the Gazelle officielle du Quebec.9159 GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995, Vol.127, No.27 IK77 f \u2022 t Gouvernement du Québec O.C.815-95,14 June 1995 Professional Code (R.S.Q.C C-26) Land .surveyors \u2014 Conciliation and arbitration procedure for the accounts Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre des arpenteurs-géomètres du Québec WHEREAS under section 88 of the Professional Code (R.S.Q., c, C-26), the Bureau of the Ordre des arpenteurs-géomètres du Québec must establish, by regulation, a conciliation and arbitration procedure for the accounts of the mcmbers.of the Order which may be used by persons having recourse to the services of the members; WHEREAS under section 88 of the Code, Ihe Bureau made a Regulation respecting the procedure for conciliation and arbitration of accounts of land surveyors, approved by Order in Council 630-83 dated 30 March 1983; WHEREAS it is expedient to replace that Regulation; WHEREAS under that section of the Code, the Bureau made a Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre des arpenteurs-géomètres du Québec; Whereas in accordance with the third paragraph of section 95 of the Code, as it read in June 1994, a draft regulation was sent to every member of the professional order at least 30 days before its making by the Bureau; Whereas in accordance with sections 10 and 11 of the Regulations Act (R.S.Q., c.R-I8.I), the text of the Regulation was published in Part 2 of the Gazette officielle du Quebec of 30 November 1994 with a notice that it could be submitted to the Government for approval upon the expiry of 45 days following that publication: Whereas in accordance with section 95 of ihe Code, the Office des professions du Quebec has made its recommendations; Whereas it is expedient to approve the Regulation without amendment: It is ordered, therefore, upon the recommendation of the Minister responsible for the administration of legislation respecting the professions: that the Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre des arpenteurs-géomètres du Québec, the text of which is attached to this Order in Council, be approved.louis BERNARD, Clerk of the Conseil exécutif Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre des arpenteurs-géomètres du Quebec Professional Code (R.S.Q.,c.C-26.s.88) DIVISION I CONCILIATION I.A client who has a dispute with a member of the Ordre des arpenteurs-géomètres du Québec concerning the amount of an unpaid account for professional services may file a written application lor conciliation with the syndic, within a 45-day period from the date of receipt of the account.2* A client who has a dispute with a member concerning the amount ol an account that he has already paid in whole or in part lor professional services ma) also file a written application lor conciliation with the syndic within a 45-day period from the date of receipt of the account.ft.A member may not institute proceedings to recover an account for professional services before the expiry of a 45-day period from the date of receipt ol the account by the client.Notwithstanding the foregoing, a member may request provisional measures in accordance with article 940.4 of the Code of Civil Procedure (R.S.Q.c.C-25).4L Within 5 days of receiving an application for conciliation, the syndic shall notify the member concerned or, where he is unable to notify the member personally within that period, shall notify the member's firm.He shall also send the client a copy of this Regulation.Once the member has been notified that ihe syndic has received the application for conciliation, he may not institute proceedings to recover his accouru so long as the dispute may be settled by conciliation or arbitration. 1878 GAZETTE OFFICIELLE DU QUÉBEC.July 5, 1995, Vol.PJ.So.27 Pan 2 Notwithstanding the foregoing, a member may request provisional measures in accordance with article 940.4 of the Code of Civil Procedure (R.S.Q., c.C-25).\").The syndic shall proceed with the conciliation using such procedure as he considers appropriate.(».Any agreement reached during conciliation shall be put in writing in accordance with the form provided in Schedule I.shall be signed by the client and the member and shall be filed with the secretary of the Order.7.Where conciliation does not lead to an agreement within 30 days from the date of receipt of the application for conciliation, the syndic shall send ihe form provided in Schedule II to Ihe client, indicating to him the procedure and time limit for submitting the dispute to arbitration.Who.the account has a value of $ I 000 or more, the syndic shall also send a conciliation report to the client and to the member by registered mail.The conciliation report shall contain Ihe following information: ( I ) (he amount of ihe account in dispute; (2) the amount that the client acknowledges owing.(3) the amount thai the member acknowledges having to reimburse or is willing to accept as a seulement of the dispute.DIVISION II ARBITRATION .ss7.Application for arbitration It.Within 15 days ol receiving the form provided in Schedule II and ihe conciliation report, if such exists, the client may apply lor arbitration of ihe account by sending the form in Schedule II to the secretary of the Order/ A copy ol the conciliation report, if such exists, shall accompany the client's application lor arbitration.#)\u2022 Within 5 days of receiving an application for arbitration, the secretary of the Order shall notify the member concerned or, where he is unable to notify the member personally within that period, shall notify the member's firm.I O.A client who wishes to withdraw his application for arbitration shall so notify the secretary of the Order in writing.11.A member who acknowledges having to reimburse an amount to a client shall deposit (hat amount with ihe secretary of ihe Order, who shall then remit it to the client.In such case, Ihe arbitration shall proceed and shall pertain only to the amount still in dispute.12.A client who acknowledges owing an amount lo a member shall deposit that amount with the secretary of the Order, who shall then remit it to the member.In such case, the arbitration shall proceed and shall pertain only to the amount still in dispute.4 I It.Any agreement reached by the parties after the application for arbitration has been filed shall be put in writing in accordance with the form provided in Schedule i, shall be signed by the parties and shall be filed with the secretary of Ihe Order.Where the parlies reach an agreement after a council of arbitration has heard the case, the agreement shall be recoidcd in Ihe arbitration decision.§2.Council of arbitration 14.Each year, within one month following its election, the Bureau of the Ordre des arpenteurs-géomètres du Québec shall form a council of arbitration, of which il appoints the chairman and the vice-chairman or the vice-chairmen.15.The council of arbitration shall be composed of 3 members where the amount in dispute is $2 000 or more, and may be composed of a single member where the amount is less than $2 000.I (i.The members of the council shall have exercised their profession for not less than 10 years; they shall remain in office until reappointed or replaced.17.The Bureau shall designate ihe secretary of the council and assistants to the secretary.I IL Should the chairman be unable to act by reason of absence or illness, he shall be replaced by the vice-chairman or one of the vice-chairmen.I f).A member of the council may not sit during the hearing of a case where he finds himself to be in any of the situations described in article 234 of the Code of Civil Procedure (R.S.Q.c.C-25). GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995, Vol.127, No.V 1879 20.Before acting, the members of the council, the 30.In its decision, the council of arbitration may \u2022secretary of the council and assistants to the secretary decide the arbitration expenses, which are the expenses shall lake the oath provided in Schedule III.incurred by the Order for the arbitration.The total expenses may not exceed 10% of the amount of the in- §3.Hearing voice.21 \u2022 The chairman of the council shall determine the Where the account in dispute is upheld in whole or in dale, hour and place of the hearing and shall designate part, or where a reimbursement is granted, the council of the members called to sit; the secretary of the council or arbitration may add thereto interest and an indemnity any member designated by the chairman shall give writ- calculated in accordance with articles 1618 and 1619 of ten notice to the members and the parties no less than the Civil Code of Québec from the date of the applica- 15 days before the date.lion for conciliation.mi ' .22.The parties arc entitled to be represented or as- 3 I \u2022 The arbitration decision is binding on the parties, sistcd by an advocate.is without appeal but is subject to compulsory execution only after having been homologated in accordance with 23.Unless otherwise necessary due to extraordinary the procedure provided for in articles 946.1 to 946.5 of circumstances, the hearing shall be held within 60 days the Code of Civil Procedure, following the date on which the case is forwarded to the council.32.The arbitration decision shall be filed with the secretary of the Order and shall be sent to each parly or 24.A parly requesting that Ihe testimony be recorded to their advocates within 10 days after being filed, shall assume the cost thereof.33.This Regulation replaces the Regulation respect- 25.The member or members of the council who ing the procedure for conciliation and arbitration of begin the hearing shall see the matter through.accounts of land surveyors, approved by Order in Council 630-83 dated 30 March 1983.but the latter Regula- Should a member of the council die or be unable to lion continues to govern the procedure for conciliation act.the other members shall see the matter through.and arbitration of accounts for which conciliation by the syndic is applied for prior to the dale of coming into If the council of arbitration consists of a single mem- force of this Regulation, ber, he shall be replaced by a new member and the dispute shall be reheard.34.This Regulation comes into force on the fifteenth day following the date of ils publication in the Gazette §4, Arbitraiion decision officielle du Quebec.2ft.The council of arbitration shall issue its decision SCHEDULE I within 60 days of the end of the hearing.(ss.6 and 13) 27.The decision shall be a majority decision of Ihe AGREEMENT members of the council.CONCLUDED between .The decision shall be substantiated and shall be signed (client's name) by all the members.Where a member refuses or is .unable to sign, the others shall mention that fact and the (domicile) decision shall have the same effect as though it were AND signed by all ihe members.(member's name) 231.The costs incurred by a party for Ihe arbitration who declare that: shall be borne by that party.2Î).In its decision, the council of arbitration may (I).uphold or reduce the amount of ihe account in dispute.(member's name) determine the reimbursement or payment to which a is claiming (or refuses to reimburse) a sum of money for parly may he entitled, and rule on the amount thai the professional services rendered to .client acknowledges owing and that he sent with his (client's name) application for arbitration.t t ISSU GAZETTE OFFICIELLE DU QUEBEC, July 5,1995.Vol, 127.No.27 Pari 2 (2) .(client's name) has applied to the syndic for conciliation with respect to ihe dispute.(3) An agreement has been concluded between: .and .(client's name) (member's name) during conciliation (during arbitration).(4) The terms of the agreement are as follows: (5).and .(client's name) (member's name) declare that they are bound by the terms of ihe agreement.DATE: .and (Client's signature) (Member's signature) SCHEDULE II (s.S) APPLICATION FOR ARBITRATION OP AN ACCOUNT I.ihe undersigned, .(client's name) (domicile) declare that: (member's name) is claiming from me (or refuses to reimburse to me) a sum of money for professional services.(2) I have enclosed a copy of the conciliation report, il such exists.(3) I am applying for arbitration of the account under the Regulation respecting the conciliation and arbitration procedure lor the accounts of members of the Ordre des arpenteurs-géomètres du Québec.(5) I have received a copy of the Regulation mentioned above and have taken cognizance thereof.(6) I agree to submit to the procedure provided for in ihe Regulation and, where required, to pay to.(member's name) the amount of the arbitration decision, which is without appeal and is binding on the parties.DATE: .Signature AFFIRMED BEFORE ME AT on !!!!!!!!!!!!!!!!!!j9 Administering officer SCHEDULE III (s.20) OATH I solemnly affirm that I will perform all my duties and exercise all my powers as a member of the council (or as secretary of ihe council or as an assistant to Ihe secretary of the council) faithfully, impartially anil honestly, to the best of my ability and knowledge.I also solemnly affirm that I will not.without being so authorized by law.disclose or make known anything whatsoever of which I may take cognizance in the performance of my duties.Sworn before .(name and office, profession or capacity) at .on.(municipality) (date) (signature of Ihe person receiving the oath) 9160 (4) I have enclosed a certified cheque for the amount I acknowledge owing to . Pari 2 GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995, Vol, 127.No.27 IHKl Gouvcrncmcnl du Québec O.C.816-95,14 June 1995 Professional Code (R.S.Q.c.C-26) Bar \u2014 Accounting und trust accounts \u2014 Amendments Regulation to amend the By-law respecting account-' ing and trust accounts of advocates Wiikkkas under paragraph /of subsection 3 of section 15 of the Act respecting the Barreau du Québec (R.S.Q.c.B-I),as it read before 15 October 1994,the General Council of the Barreau du Québec, by by-law, was required to prescribe the terms, conditions and standards for the acceptance, custody and disposition of sums of money anil securities entrusted to advocates, and those for the keeping and auditing of advocates' trust accounts, books and registers; Whkkhas under the aforementioned paragraph, the General Council made the By-law respecting accounting and trust accounts of advocates (R.R.Q., 1981, c.B-U3); Wm-RiiAS it is expedient to amend that By-law; WHEREAS under the same paragraph, the General Council made the Regulation to amend the By-law respecting accounting and trust accounts of advocates; WHEREAS in accordance with sections 10 and 11 of the Regulations Act (R.S.Q., c.R-18.1 ).a draft of the Regulation attached to this Order in Council was published in Part 2 of the Gazette officielle du Quebec of I June 1994 with a notice that it could be submitted to the Government for approval upon the expiry of 45 days following the date of that publication; WHEREAS on 15 October 1994, the date of the coining into force of the Act to amend the Professional Code and other Acts respecting the professions (1994, c.40), the aforementioned paragraph was struck out by section 231 of that Act; WHEREAS under paragraph 2 of section 77 of that Act, section 89 of the\" Professional Code (R.S.Q.C.C-26) was amended in order to oblige the General Council to determine, by regulation, the terms, condi- tions and standards for receipt, custody and disposition of the sums of money and securities that the advocates are called upon to hold for the account of their clients, and the terms, conditions and standards relating to the keeping and auditing of trust accounts, books and registers of such advocates; WHEREAS in accordance with section 95 of the Code amended by section 83 of Chapter 40 of the Statutes of 1994, the Office des professions du Québec has made its recommendations; WHEREAS it is expedient to approve the Regulation with amendments; It is ORDERED, therefore, upon the recommendation of the Minister responsible for the administration of legislation respecting the professions: That the Regulation to amend the By-law respecting accounting and trust accounts of advocates, attached to this Order in Council, be approved.Louis Bernard, Clerk of the Conseil exécutif Régulation (o amend the By-law respecting accounting and trust accounts of advocates Professional Code (R.S.Q.,c.C-26,s.89; 1994.c.40.s.77) I* The By-law respecting accounting and trust accounts of advocates (R.R.Q., 1981, c.B-l.r.3) is amended by substituting the following for section 3.01: \"3.01 An advocate must deposit or have deposited all money in trust, as soon as possible after receipt thereof, in his name or in Ihe name of his law office, within Québec, in a trust account in a chartered bank or other institution authorized by law to receive deposits.\".2.This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec.9161 ISS2 GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995.Vol.127.No.27 Part 2 Gouvernement du Québec O.C.817-95,14 June 1995 Professional Code (R.S.Q.c.C-26) Chemists \u2014 Conciliation and arbitration procedure for the accounts Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre des chimistes du Québec whereas under section 86 of the Professional Code (1973, c.43), as it read in 1978, the Bureau of the Ordre des chimistes du Québec must establish, by regulation, a conciliation and arbitration procedure for the accounts of the members of the Order which may be used by persons having recourse to the services of the members; whereas under thai section of the Professional Code, the Bureau made a Regulation respecting the procedure for conciliation and arbitration of accounts of chemists (R.R.Q., l98UC-l5.r.6); whereas it is expedient to replace that Regulation; whereas in accordance with the third paragraph of section 95 of the Professional Code (R.S.Q.c.C-26), as it read in December 1993, a draft regulation was sent to every member of the Order al least 30 days before its making b) the Bureau; whereas under section 88 of the Professional Code, as it read in June 1994, the Bureau made a Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre des chimistes du Québec; whereas in accordance with sections 10 and 11 of the Regulations Act (R.S.Q.c.R-I8.I), the text of the Regulation was published in Part 2 of the Gazette officielle du Québec of 3 August 1994 with a notice that it could be submitted to the Government for approval upon the expiry of 45 days following that publication; whereas in accordance with the first paragraph of section 95 of the Professional Code, as it read on 13 October 1994, the Office des professions du Québec examined Ihe Regulation and made its recommendations; whereas it is expedient to approve the Regulation with amendments; It is ordered, therefore, upon the recommendation of the Minister responsible for the administration of legislation respecting the professions: That the Regulation respecting the conciliation and arbitration procedure for the accounts of members of Ihe Ordre des chimistes du Québec, the text of which is attached hereto, be approved.Louis Bernard, Clerk of the Conseil exécutif Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre des chimistes du Québec Professional Code (R.S.Q.c.C-26, s.88; 1994, C.40, s.76) division i CONCILIATION I \u2022 a client who has a dispute with a member of the Ordre des chimistes du Québec concerning the amount of an unpaid account for professional services may file a written application for conciliation with Ihe syndic, provided that the member has not instituted proceedings lo recover the account.2* A client who has a dispute with a member concerning the amount of an account for professional services that he has already paid in whole or in pari may also Hie a written application for conciliation with the syndic within a 45-day period from Ihe dale of receipt of the account.Where an amount has been withdrawn or withheld by the member from the funds thai he holds or receives for or on behalf of the client, the period runs from Ihe day on which the client becomes aware of the withdrawal or withholding.3* a member may not institute proceedings to recover an account for professional services before the expiry of a 45-day period from the date of receipt of the account by the client.4.Within 3 days of receiving an application for conciliation, the syndic shall notify the member concerned or, where he is unable to notify Ihe member personally within (hat period, shall notify the member's firm.He | shall also send the client a copy of this Regulation. GAZETTE OFFICIELLE DU QUEBEC, July 5, 1995, Vol.127, No.27 1883 Pari 2 Once the syndic has received the application lor conciliation, the member may not institute proceedings to recover his account so long as the dispute may be settled by conciliation or arbitration.Notwithstanding the foregoing, a member may request provisional measures in accordance with article 940.4 of the Code of Civil Procedure (R.S.Q., c.C-25).5.The syndic shall proceed with the conciliation using such procedure as he considers appropriate.(u Any agreement reached during conciliation shall be put in writing, shall be signed by the client and the member and shall be filed with the secretary of the Order.7* Where conciliation does not lead to an agreement within 45 days from the date of receipt of the application for conciliation, the syndic shall send a report on the dispute to the client and to the member by registered or certified mail.The report shall contain the following information, where applicable: ( I ) the amount of (he account in dispute; (2) the amount that Ihe client acknow ledges owing; (3) the amount thai ihe member acknowledges having to reimburse or is willing to accept as a settlement of the dispute; (4) the amount suggested by the syndic during conciliation as a payment to the member or as a reimburse-mcnl to the client.Ihe syndic shall send the client the form in Schedule I and shall indicate to him the procedure and deadline for submitting the dispute to arbitration.division ii ARBITRATION «57.Application for arbitration lt« Within 30 days of receiving the conciliation report, the client may apply for arbitration of the account by sending the form in Schedule I lo the secretary of the Order.A copy of the conciliation report shall accompany ihe client's application for arbitration.9.Within 3 days of receiving an application for arbitration, the secretary of the Order shall notify the member concerned or, where he is unable lo notify the member personally within that period, shall notify ihe member's firm.10.A client who wishes to withdraw his application for arbitration shall so notify the secretary of ihe Order in writing.11.A member who acknowledges having to reimburse an amount to a client shall deposit thai amount with the secretary of the Order, who shall then remit it to the client.In such case, the arbitration shall proceed and shall pertain only to the amount still in dispute.12* Any agreement reached by the parties after the application for arbitration has been filed shall be put in writing, shall be signed by the parties and shall be filed with the secretary of the Order.Where the parties reach an agreement after a council of arbitration has been formed, the agreement shall be recorded in the arbitration award.$2.Council of arbitration 13.The council of arbitration shall be composed of 3 arbitrators where the amount in dispute is $1500 or more, and of a single arbitrator where the amount is less than 51 500.II.The administrative committee shall appoint the member or members of the council of arbitration from among the members of the Order and.if the council is composed of 3 arbitrators, shall designate the chairman and the secretary thereof.15* Before acting, the members of the council of arbitration shall lake Ihe oath in Schedule II.Hi.The secretary of the Order shall send written notice to the arbitrators and to the parties informing them of Ihe formation of the council of arbitration.17.A request that an arbitrator be recused may be filed only for a reason provided for in article 234 of the Code of Civil Procedure.The request shall be sent in writing to the secretary of the Order, to the council of arbitration and to the parties or their advocates within 10 days of receipt of the notice provided for in section 16 or of the day on which ihe reason for the request becomes known. ISN4 GAZETTE OFFICIELLE OU QUÉBEC, July S, 1995, Vol, 127, No.27 Part 2 The administrative committee shall décide the re- Where the account in dispute is upheld in whole or in quest and.where applicable, shall see that the arbitrator part, or where a reimbursement is granted, the council ol' is replaced.arbitration may add thereto interest and an indemnity calculated in accordance with articles 1618 and 1619 of .ssJ.Hearing the Civil Code of Québec from the date of the applica- tion for conciliation.I 31.The secretary of the Order shall give the parlies or their advocates and the arbitrators at least 10 days' 2JI.The arbitration award is binding on the parlies written notice of ihe dale, lime and place of Ihe hearing., but is subject lo compulsory execution only after having been homologated in accordance with the procedure I ?).The parlies are entitled to be represented or as- provided for in articles 946.1 to 946.5 of the Code of sisted by an advocate.Civil Procedure.20.The council of arbitration shall, as soon as pos- 2Jh The arbitration award shall be filed with the sec-sible.hear Ihe parlies, receive their evidence or record retary of the Order and shall be sent to each party or to any failure on their part.For those purposes, it shall their advocates within 10 days after being filed, follow ihe procedure it considers most appropriate.30» This Regulation replaces the Regulation respect- 21.A party requesting that the testimony be recorded ing the procedure for conciliation and arbitration of shall assume ihe cost thereof.accounts of chemists (R.R.Q., 1981, c.C-15, r.6), but the latter Regulation continues to govern the procedure 22.Should an arbitrator die or be unable to act, the for conciliation and arbitration of accounts for which other arbitrators shall see the matter through.conciliation by the syndic is applied for prior to the date of coming into force of this Regulation.II the council of arbitration consists of a single arbitrator, he shall be replaced by a new arbitrator and the 3 I \u2022 This Regulation comes into force on the fifteenth dispute shall he reheard.day following the date of its publication in the Gazette officielle du Québec.§4, Arbitration award SCHEDULE i 2!!.The council ol arbitration shall issue its award (s.8) \\\\ iilnn 60 da) s of the end of the hearing.APPLICATION FOR ARBITRATION OP AN AC-2-1.The award shall be a majority award of the mem- COUNT hers of the council.I.the undersigned.The award shall give reasons and shall be signed by (client's name) all the members.Where a member refuses or is unable to .sign, the others shall mention that fact and the award (domicile) shall have the same effect as though it were signed by all declare that: the members.(I) .25.The costs incurred by a parly lor the arbitration (member's name) shall be borne by that parly.is claiming from me (or refuses to reimburse lo me) a sum of money for professional services.2(i.In its award, the council of arbitration may uphold or reduce the amount of the account in dispute.(2) I have enclosed a copy of the conciliation report, determine the reimbursement or payment to which a party may be entitled, and rule on the amount that the (3) I am applying for arbitration of the account under client acknowledges owing and thai he sent with his the Regulation respecting the conciliation and arbitra-application for arbitration.lion procedure for the accounts of members of the Ordre des chimistes du Québec.27.In ils award, the council of arbitration may decide the arbitration expenses, which are the expenses (4) I have received a copy of the Regulation men-incurred by the Order for the arbitration.The total ex- tioned above and have taken cognizance thereof, penses may not exceed 10 % of the amount to which the arbitration pertains. Pari 2 GAZETTE OF FICHUE DU QUEBEC.July 5.1995.Vol.111.No.27 1885 (5) I agree to submit to the procedure provided for in the Regulation and, where required, to pay to.(member's name) the amount of the arbitration award.Signature SCHEDULE II (s.15) 'OATH I solemnly affirm that I will perform all my duties as an arbitrator faithfully, impartially and honestly, to the best of my ability and knowledge and that I will exercise all my powers.I also solemnly affirm that I will not, without being so authorized by law, disclose or make known anything whatsoever of which I may take cognizance in the performance of my duties.Signature Sworn before me .(name and office, profession or quality) at.on.(municipality) (date) (signature of the person receiving the oath) 9162 Gouvernement du Québec O.C.818-95,14 June 1995 Professional code (R.S.Q.c.C-26) (iuidance counsellors \u2014 Code of ethics \u2014 Amendments Regulation to amend the Code of ethics of guidance counsellors WHEREAS under section 87 of the Professional Code (R.S.Q., c.C-26), the Bureau of the Ordre professionel des conseillers et conseillères d'orientation du Québec must make, by regulation, a code of ethics governing the general and special duties of the professional towards the public, his clients and his profession, particularly the duty to discharge his professional obligations with integrity; WHEREAS the Bureau made the Code of ethics of guidance counsellors (R.R.Q., 1981, c.C-26, r.47); WHEREAS under section 87 of the Professional Code, as amended by section 3 of Chapter 76 of the Statutes of 1990, the Bureau of the Ordre professionel des conseillers et conseillères d'orientation du Québec must make, by regulation, a code of ethics containing provisions setting out conditions, obligations and, where applicable, prohibitions in respect of advertising by its members; WHEREAS it is expedient to amend the Code; WHEREAS under Ihe above-mentioned section, Ihe Bureau made, in May 1994, a Regulation to amend the Code of ethics of guidance counsellors; WHKRHAS under section 95 of the Professional Code, as it read in April and May 1994, the secretary of the Order has sent the draft Regulation to every member of the Order at least thirty days before ils making by the Bureau; WHEREAS in accordance with sections 10 and 11 of the Regulations Act (R.S.Q., c.R-I8.I), the text of the draft Regulation was published in Part 2 of the Gazette officielle du Québec of 5 October 1994 with a notice that it could be submitted to ihe Government for approval upon the expiry of 45 days following thai publication; WHEREAS as a result of section 457 of the Act to amend the Professional Code and other Acts respecting the professions (1994, c.40), the expression \"professional corporation\" and the word \"corporation\" are replaced in that Regulation by the expression \"professional order\" and the word \"order\", respectively, with the necessary changes; Whereas in accordance with section 95 of the Professional Code, the Office des professions du Québec has made ils recommendations; WHEREAS it is expedient to approve the Regulation; It is ORDERED, therefore, on the recommendation of the Minister responsible for the application of legislation respecting the professions: 1886 GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995, Vol.127, No.27 Part 2 That the Regulation to amend the Code of ethics of guidance counsellors, attached to this Order in Council, be approved.Louis Bernard, Clerk of the Conseil exécutif Regulation to amend the Code of ethics of guidance counsellors Professional Code (R.S.Q.,c.C-26.s.87, par.5) 1 \u2022 The Code of ethics of guidance counsellors (R.R.Q., 1981, c.C-26, r.41 ) is amended by adding the following divisions at the end: \"division v RESTRICTIONS AND OBLIGATIONS WITH RESPECT TO ADVERTISING 5.01.The guidance counsellor may mention in his advertising any information likely to help the public make an informed choice and to facilitate access to useful or necessary services.Professionalism must be maintained and promoted in such advertising.5.02.The guidance counsellor may not engage in, or allow the use of, by any means whatsoever, advertising that is false, misleading, incomplete or liable to mislead.5.03.The guidance counsellor may not claim to possess specific qualities or skills, particularly in respect of his level of competence or the range or effectiveness of his services, unless he can substantiate such claim.5.04.The guidance counsellor, in his advertising, may not use or allow the use of an endorsement or testimonial concerning him, with the exception of awards of excellence and other awards in recognition of a contribution or an achievement the honour of which is shared by all members of the profession.5.05.The guidance counsellor may not engage in or allow the use of, by any means whatsoever, advertising aimed at persons who may be physically or emotionally vulnerable by reason of their age.their condition or the occurrence of a specific event.5.06.All advertising must indicate the name and title of the professional.Where there is more than one professional included in the firm name of a partnership of professionals, the title of each professional must be indicated therein.5.07.The guidance counsellor must keep a copy of every advertisement for a period of 5 years following the date on which it is last published or broadcast.The copy must be given to the secretary of the Order upon request.5.08.The guidance counsellor must avoid using methods and adopting altitudes likely to give the profession a profit-seeking or commercial character.5.09.The guidance counsellor who advertises his fees must: (1) establish fixed prices; (2) specify the nature and scope of the services covered; (3) indicate whether expenses or disbursements arc included; (4) indicate whether additional services may be required that arc not covered.Those particulars must be given in a manner that can be understood by persons having no particular knowledge of the field of guidance counselling.All fees must remain in force for a minimum of 90 days following the date on which they are last published or broadcast.5.10.In the case of advertising relating to a special price or discount, the guidance counsellor must mention the duration of that special price or discount, where applicable.Such duration may be less than 90 days.5.11.The guidance counsellor may not, by any means whatsoever, place greater emphasis on a price or a discount than on the service offered in a statement or advertisement.division vi GRAPHIC SYMBOL OF THE ORDRE PROFESSIONNEL DES CONSEILLERS ET CONSEILLÈRES D'ORIENTATION DU QUÉBEC 6.01, The Ordre professionnel des conseillers et conseillères d'orientation du Québec is represented by a graphic symbol that is in conformity with the original held by the secretary of the Order. GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995, Vol.127, No.27 1887 \u2022 6.02.Where Ihe guidance counsellor reproduces ihe graphic symbol of (he Order for advcrlising puriwscs, he must ensure that the symbol is in conformity with the original held by the secretary of the Order.The guidance counsellor who reproduces the name of the Order in his advcrlising must use the following expression: member of the Ordre professionnel des conseillers et conseillères d'orientation du Québec.\".2.This Regulation replaces the Regulation respecting advcrlising by guidance counsellors (R.R.Q., 1981, c.C-26, r.47).3* This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec.9163 Gouvernement du Québec O.C.819-95,14 June 1995 Professional Code (R.S.Q., c.C-26) Nursing assistants \u2014 Ternis and conditions for permits to he issued \u2014 Amendments Regulation to amend the Regulation respecting terms and conditions for permits to be issued by the Ordre professionnel des infirmières et infirmiers auxiliaires du Québec WHEREAS under section 2 of Ihe Professional Code (R.S.Q., c.C-26), amended by section 2 of Chapter 40 of Ihe Statutes of 1994, the Professional Code applies to all professional orders and to their members, in particular to the Ordre professionnel des infirmières et infirmiers auxiliaires du Québec, hereinafter designated as the \"O.P.I.I.A.Q.u; Whf.rkas the Bureau of the O.P.I.I.A.Q.made the Regulation respecting terms and conditions for permits lo be issued by the Ordre professionnel des infirmières et infirmiers auxiliaires du Québec (R.R.Q., 1981, c.C-26, r.113); Whereas the Bureau of the O.P.I.I.A.Q., at its meeting held on 22 October 1992 and under paragraph /' of section 94 of the Professional Code, as it read at that time, made, in its French and English versions, the Regulation to amend the Regulation respecting terms and conditions for permits to be issued by the Ordre professionnel des infirmières et infirmiers auxiliaires du Québec; Whereas in accordance with the Regulations Act (R.S.Q., c.R-18.1), that regulation was published, as a draft regulation, in Part 2 of the Gazette officielle du Québec of21 July 1993, on pages 4815 and 4816, in its French version, and on page 3731, in its English version; Whereas, in accordance with usual procedure, the Regulation was accompanied by a notice stating that it could be submitted to the Government which could approve it, with or without amendment, upon the expiry of 45 days following its publication and inviting any person having comments to make to send them, before the expiry of the 45-day period, to the Chairman of the Office des professions du Québec; Whereas following the publication of the Regulation, no comments were received by the Chairman of the Office; whereas under section 95 of Ihe Professional Code, every regulation made by the Bureau of a professional order under paragraph / of section 94 of the Code, that is, a regulation to determine the other terms and conditions for the issue of permits by that professional order, shall be transmitted to the Office des professions du Québec for examination and shall be submitted, with the recommendation of the Office, to the Government which may approve it with or without amendment; Whereas the Regulation was transmitted to the Office which examined it and recommended that it be approved by the Government; Whereas on 15 October 1994, except for a few of its provisions, Ihe Act to amend the Professional Code and other Acts respecting the professions ( 1994, c.40), which requires the making of certain amendments to the text of the Regulation made by the Bureau of the O.P.I.I.A.Q., came into force; Whereas it is expedient to approve the Regulation made by the Bureau of the O.P.I.I.A.Q., with amendments; It is ordered, therefore, upon the recommendation of Ihe Minister responsible for the administration of legislation respecting the professions: That the Regulation to amend the Regulation respecting terms and conditions for permits to be issued by the Ordre professionnel des infirmières et infirmiers I888 GAZETTE OFFICIELLE DU QUEBEC.July 5,1995.Vol.127, No.27 auxiliaires du Québec, the text of which is attached lo this Order in Council, be approved.Louis Bernard, Clerk of the Conseil exécutif Regulation to amend the Regulation respecting terms and conditions for permits to be issued by the Ordre professionnel des infirmières et infirmiers auxiliaires du Québec Professional Code (R.S.Q.c.C-26, s.94, par./; 1994, c.40) I* The Regulation respecting terms and conditions for permits to be issued by the Ordre professionnel des infirmières et infirmiers auxiliaires du Québec (R.R.Q., 1981, c.C-26, r.113) is amended by substituting the following for paragraph tl of section 2.01: \"(d) the fees payable under paragraph 8 of section 86.01 of the Professional Code.\".2.The following is substituted for paragraph f of section 2.02: \"(c) ihe fees payable under paragraph 8 of section 86.01 of the Professional Code.\".ft.The following is substituted for paragraph c of section 2.03: \"(c) Ihe fees payable under paragraph 8 of section S6.0I of the Professional Code.\".4i This Regulation comes into force on the fifteenth day following the dale of its publication in the Gazelle officielle du Québec.9164 Part 2 Gouvernement du Québec O.C.820-95,14 June 1995 Nurses Act (R.S.Q.c.I-8) Professional Code (R.S.Q.c.C-26) Nurses \u2014 Standards for equivalence of diplomas for the issue of a permit Regulation respecting the standards for equivalence of diplomas for the issue of a permit by the Ordre des infirmières et infirmiers du Québec WHEREAS under section 3 of the Nurses Act (R.S.Q., c.1-8), subject to that Act, the Ordre des infirmières et infirmiers du Québec, hereinafter called \"the Order\", and its members shall be governed by the Professional Code (R.S.Q., c.C-26); Whereas pursuant to the Professional Code, as it read at the time, the Bureau of the Order made the Règlement concernant les normes d'équivalence des diplômes pour la délivrance d'un permis, which was published as a draft regulation in Part 2 of the Gazette officielle du Québec of 6 August 1980 with a notice that it could be submitted to the Government for approval; Whereas the Regulation was not submitted to the Government for approval; Whereas ihe Bureau of the Order, at its meeting held on 20 and 21 October 1983, revoked the regulation published as a draft regulation on 6 August 1980 and made, in its French and English versions and pursuant to ihe Professional Code as it read in October 1983, the Regulation respecting the standards for equivalence for the issue of a permit by the Ordre des Infirmières et infirmiers du Québec, which was neither published as a draft regulation in Part 2 of the Gazette officielle du Québec nor submitted to the Government for approval; Whereas the Bureau of the Order, at its meeting held on 28 and 29 September 1989, made, in lis French and English versions and pursuant to the Professional Code as it rend in September 1989, a regulation to replace the regulation made at the meeting held on 20 and 21 October 1983 and entitled \"Regulation respecting standards of equivalence of diplomas for the issue of a permit by the Ordre des infirmières et infirmiers du Québec\", which was also replaced by a regulation bearing the same title, made pursuant to the Pmfcssiohnl Code, at It read In Part 2 GAZETTE OFFICIELLE DU QUEBEC, July 5,1995, Vol.127, No.27 1889 September 1990, at its meeting held on 27 and 28 September 1990, and neither regulation was published as a draft regulation in Part 2 of the Gazette officielle du Quebec or submitted to the Government for approval; WHEREAS under paragraph c of section 93 of the Professional Code, as it read in September 1992, the Bureau of a professional order must, by regulation, prescribe standards for equivalence of diplomas issued by teaching establishments situated outside Québec, for the purposes of issuing a permit; WHEREAS pursuant to that paragraph, the Bureau of the Order, at its meeting held on 24 and 25 September 1992, made, in its French and English versions, a regulation to replace the regulation made at its meeting held on 27 and 28 September 1990 and entitled \"Regulation respecting the standards of equivalence of diploma in issuing a permit by the Ordre des infirmières et infirmiers du Québec\"; WHEREAS in accordance with the Regulations Act (R.S.Q., c.R-18.1).that regulation was published as a draft regulation in Part 2 of the Gazette officielle du Quebec of 21 July 1993, on pages 4813 to 4815, in its French version, and on pages 3728 and 3729, in its English version; WHEREAS the regulation was accompanied by a notice indicating that it could be submitted lo Ihe Government, which could approve it with or without amendment, upon the expiry of 45 days following ils publication and asking any interested person having comments to make to send them, before Ihe expiry of the 45-day period, to the Chairman of the Office des professions du Québec; WHEREAS following the publication of the regulation, the Chairman of the Office has received no comments; Whereas pursuant to section 95 of the Professional Code, as it read in March 1994, every regulation made by the Bureau of a professional order under the Professional Code shall be transmitted to the Office for examination and, at its sitting held on 31 March 1994, the Office examined the regulation and recommended its approval by the Government, with amendments; WHEREAS on 15 October 1994, the Act to amend the Professional Code and other Acts respecting the professions (1994, c.40) came into force, except a few provisions; WHEREAS under section 95 of the Code, amended by section 83 of chapter 40 of the Statutes of 1994, subject to sections 95.1 and 95.2 of the Code, every regulation made by the Bureau of a professional order under the Code or an Act constituting a professional order shall be submitted, with the recommendation of the Office, to the Government which may approve it with or without amendment; WHEREAS it is expedient to approve the Regulation with amendments; It is ORDERED, therefore, on the recommendation of the Minister responsible for the administration of legislation respecting the professions: That the Regulation respecting the standards for equivalence of diplomas for the issue of a permit by the Ordre des infirmières et infirmiers du Québec, attached to this Order in Council, be approved.Louis Bernard, Clerk of the Conseil exécutif Regulation respecting the standards for equivalence of diplomas for the issue of a permit by the Ordre des infirmières et infirmiers du Québec Nurses Act (R.S.Q.c.1-8, s.3) Professional Code (R.S.Q.c.C-26, s.93, par.c) DIVISION I GENERAL 1.The secretary of the Ordre des infirmières et infirmiers du Québec shall forward a copy of this Regulation to the person wishing to have a diploma issued by an educational establishment outside Québec recognized as equivalent.In this Regulation, \"diploma equivalence\" means the recognition by the Bureau of the Order, under subparagraph g of the first paragraph of section 86 of the Professional Code (R.S.Q., c.C-26), that a diploma issued by an educational establishment outside Québec certifies that the person's level of knowledge is equivalent to the level attained by the holder of a diploma recognized by regulation of the Government as meeting permit requirements. 1890 GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995, Vol.127, No.27 Part 2 division ii STANDARDS FOR EQUIVALENCE OF DIPLOMAS 2.A person holding a diploma issued by an educational establishment outside Québec shall be granted an equivalence if: (I) the diploma was issued upon the completion of studies that are at least equivalent lo collégial level III in Québec comprising a minimum of 2 775 hours distributed as follows: (a) biological sciences: at least 240 hours, particularly, in the following subjects: anatomy, physiology, metabolic biology, biochemistry, epidemiology and microbiology; (b) human sciences: at least ISO hours, particularly, in the following subjects: human development, sociology of ihe family and sociology of health; ft) introduction to nursing including the concepts of health anil illness: at least 120 hours of theory and 240 hours of laboratory and clinical training; id) mother-infant nursing, nursing of children and adolescents: at least 90 hours of theory and 180 hours of laboratory and clinical training, with a minimum of 64 hours of clinical training in each subject; (e) medical and surgical nursing of adults: at least 90 hours of theory and 405 hours of laboratory and clinical training: If) mental health nursing of adults and geriatric nursing: al least 60 hours ol theory and 315 hours of laboratory and clinical training, including a minimum of 96 hours of clinical training in psychiatry; (g) general courses and integration of nursing skills: al least 855 hours.Any hours completed beyond the minimum required for the subjects specified in subparagraphs a to/shall be considered hours of general courses and of integration of nursing skills; (2) ihe diploma referred to in paragraph I was obtained after having been granted one of the following diplomas: (a) a diploma issued by an educational establishment outside Québec and equivalent to a Secondary V high school leaving certificate according to the standards for equivalence established by the Ministère de l'Éducation; (b) a high school leaving certificate awarded by the Minister of Education or a diploma deemed equivalent by Ihe Bureau of ihe Order il.Notwithstanding section 2, where the diploma referred to in paragraph I of section 2 was issued 5 or more years prior to the application, a diploma equiva- ¦ lence shall be denied if the applicant's level of knowl- ^ ippli edge, taking into account developments in the profession, no longer corresponds lo the knowledge which, at (he time of the application, is taught in a program of study leading to the granting of a diploma recognized by regulation of the Government as meeting permit requirements.Notwithstanding the foregoing, a diploma equivalence shall be granted if the applicant's relevant work experience and training since being awarded the diploma have enabled Ihe applicant to acquire the required level of knowledge.division iii PROCEDURE FOR RECOGNITION OF EQUIVALENCE 4» A person applying for a diploma equivalence must: (1) send a written application to that effect to the secretary of the Order with the fees prescribed by the Bureau of the Order, pursuant to paragraph 8 of section 86.01 of the Professional Code, enacted by section 73 of chapter 40 of the Statutes of 1994; A (2) provide the secretary of the Order with: (a) a true copy of the diploma for which the applicant wishes to have the equivalence recognized; (b) a true copy of his birth certificate or, failing that, of his passport or of a certificate of Canadian citizenship or proof that the applicant was legally admitted into Canada to reside therein permanently; (c) where applicable, official proof that the applicant is legally authorized to practise the nursing profession outside Québec; and id) where applicable, an attestation of his relevant work experience; (3) have the educational establishment which granted f the diploma for which the applicant requests an equivalence or an empowered authority fill out a transcript describing the program of sludy followed, in particular the courses, training periods and laboratories, and make sure that the said establishment or authority, as the case may be, send the transcript directly to the secretary of the Order. Pari 2 GAZETTE OFFICIELLE OU QUÉBEC, July 5,1995, Vol.127, No.27 1891 Documents sent in support of an application for a diploma equivalence drawn up in a language other than French or English shall be accompanied by a French or English translation provided by the person who makes the application and attested lo by a sworn declaration made by the person who did the translation.The secretary of Ihe Order shall send the documents prescribed in section 4 to the Service dc l'admission, which shall study the application and shall make an appropriate recommendation to the Bureau of the Order.(».At Ihe first meeting of the Bureau of the Order following the filing of the recommendation by the Service de l'admission, the Bureau shall decide whether to recognize a diploma equivalence and shall inform the person concerned in writing of its decision by registered letter or by certified mail within 15 days of its decision.If the decision is not to recognize the equivalence, the Bureau shall, at the same time, inform the person concerned in writing of the program of study, training periods or examinations whose successful completion, given his level of knowledge at the lime of the application, would allow him to be granted this equivalence.7.A person who is informed of the Bureau of the Order's decision not lo grant a diploma equivalence may apply to the Bureau for a hearing.The person shall apply to the secretary of the Order in writing within 30 days following the dale on which the decision not to grant a diploma equivalence was mailed.The Bureau shall hear the person and, where expedient, revise its decision within 45 days following ihe date of receipt of an application for a hearing.To that end, the secretary of ihe Order shall convene the person by means of a notice in writing sent by registered letter or by certified mail not less than 10 days before the date fixed for the hearing.The Bureau's decision is final and shall be sent to the person in writing within 30 days of the date of the hearing.it.This Regulation comes into force on the fifteenth day following the date of its publication in the Gazelle officielle du Québec.9165 Gouvernement du Québec O.C.821-95,14 June 1995 Medical Act (R.S.Q.c.M-9) Physicians \u2014 Acts which.may he done by classes of persons other than physicians \u2014 Admendmenls Regulation to amend the Regulation respecting the acts contemplated in section 31 of the Medical Act which may be done by classes of persons other than physicians Whereas under section 31 of the Medical AcKR.s.q., c M-9; 1994, cc.16,23,37 and 40), every act having as its object to diagnose or treat any deficiency in the health of a human being constitutes the practice of medicine, which comprises, in particular, medical consultation, prescribing of medication or treatment, radiotherapy, attendance at confinements, establishing and controlling diagnosis and treatment of illnesses or diseases; WHEREAS under subparagraph/; of the first paragraph of section 19 of the Medical Act, the Bureau of the Collège des médecins du Québec, hereinafter referred to as the \"College\", in addition to the duties provided in sections 87 to 93 of the Professional Code (R.S.Q., c.C-26; 1993, c.38 and 1994, cc.37 and 40), shall by regulation determine among the acts contemplated in section 31 of that Act those which, under certain prescribed conditions, may be done by classes of persons other than physicians; WHEREAS under the second paragraph of section 19 of that Act, the Bureau of the College shall, before passing a regulation under subparagraph b of the first paragraph of that section, consult the Office des professions du Québec and the professional orders to which the persons contemplated by such regulation belong or, if there is no such order, the representative bodies of such classes of persons; WHEREAS for the purposes of subparagraph b of the first paragraph of section 19 mentioned above, the Bureau of the College made, on 18 September 1981.the Regulation respecting ihe acts contemplated in section 31 of the Medical Act which may be done by classes of persons other than physicians, which was published in Part 2 of the Gazelle officielle du Québec of 6 January 1982; I 892 GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995, Vol.127, No.27 Part 2 WHEREAS l'or the purposes of thai subparagraph, the Bureau of the College, at its meeting of 13 October 1993, made Ihe French and English versions of the Regulation to amend the Regulation respecting the acts contemplated in section 31 of the Medical Act which may be done by classes of persons other than physicians, in order lo amend section A-1.23 of Schedule A to the existing Regulation; Whereas for the purposes of thai subparagraph, the Bureau of the College made, at its meeting of 29 June 1994, the French and English versions of a second Regulation to amend ihe Regulation respecting the acts contemplated in section 31 of the Medical Act which may be done by classes of persons other than physicians, in order lo amend section A-1.06 of Schedule A thereto; WHEREAS the consultation that, pursuant to the second paragraph of section 19 mentioned above, must lake place before those 2 regulations arc made, has been carried out; WHEREAS those 2 regulations, which are governed by the Regulations Act (R.S.Q., c.R-I8.I; 1994, cc.2 and 23), were published as draft regulations in Part 2 of the Gazette officielle du Quebec of 3 August 1994 and 17 August 1994, respectively; WHEREAS each regulation was published with a notice stating that the regulation could be submitted to the Government, which could approve it with or without amendments at the expiry of 45 days following publication and asking any interested persons having comments lo make concerning the regulation to send their comments to the chairman of the Office des professions before ihe expiry of the 45 days; WHEREAS following those publications, ihe chairman of the Office received comments; WHEREAS section 3 of the Medical Act states that, subject to that Act, the College and its members are governed by the Professional Code; WHEREAS for the purposes of section 95 of the Professional Code, subject to sections 95.1 and 95.2 of that Code, a regulation made by the Bureau of a professional order under an Act constituting a professional order and, in this case, under the Medical Act, shall be transmitted to the Office for examination and shall be submitted, with the recommendation of the Office, to the Government which may approve it with or without amendment; WHEREAS the 2 régulations were transmitted to the Office, which examined them and recommended that they be approved by the Government, with amendments; Whereas the Regulation amended by the 2 regulations refers to the Ordre professionnel des médecins du Québec which, since the coming into force on 15 October 1994 of section 370 of Chapter 40 of the Statutes of 1994, is designated under the name of \"College des médecins du Québec\", and it is expedient that the name also be changed in the existing Regulation; Whereas it is expedient to approve the 2 regulations with amendments; Whereas the 2 regulations amend the same Regulation, and it is expedient at this time to combine their provisions in preparation for publication in the Gazelle officielle du Quebec, it is ordered, therefore, on the recommendation of the Minister responsible for the administration of legislation respecting the professions: That the provisions of the 2 regulations be combined in a single text entitled the \"Regulation to amend .the Regulation respecting the acts contemplated in section 31 of the Medical Act which may be done by classes of persons other than physicians\"; That that Regulation, a copy of which is attached to (his Order in Council, be approved.Louis Bernard, Clerk oft lie Conseil exécutif Regulation to amend the Regulation respecting the aets contemplated in section 31 of the Medical Act which may he done by classes of persons other than physicians Medical Act (R.S.Q., c.M-9, s.19, lM par., subpar.b\\ 1994, c.40, s.375) 1 \u2022 The Regulation respecting the acts contemplated in section 31 of the Medical Act which may be done by classes of persons other than physicians, made on 18 September 1981, published in the Gazette officielle du Quebec of 6 January 1982 and amended by the Regulations approved by Orders in Council 1891-83 dated 21 September 1983,725-84 dated 28 March 1984,3-87 dated 7 January 1987,1711-87 dated 11 November 1987 and 13-90 dated 10 January 1990, is further amended, in Schedule A, GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995, Vol.127, No, 27 1893 (I) by substituting, in section A-1.06, \"« toy\" for \"a to r\" in the text appearing in the column entitled \"Other conditions\" and by adding the following after paragraph x of that section: \"(yj hepatitis A (2) by inserting, in section A-1.23, an \"X\" in the column entitled \"Remote supervision\", by deleting the \"X\" in the column entitled \"Supervision on the premises\" and by substituting the following for the text appearing in the column entitled \"Oilier conditions\": \"Examination of the parturient by the physician during the hour preceding the administration of oxytocic medication.Continuous monitoring of the induction at Ihe parturient's bedside, by a nurse familiar with the effects of induction and able to identify both maternal and fetal complications.\".2* The words \"Collège des médecins du Québec\" arc substituted mutatis mutandis for the words \"Ordre professionnel des médecins du Québec\", everywhere they appear in the Regulation.3» This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec.9166 Gouvernement du Québec O.C.822-95,14 June 1995 Professional Code (R.S.Q.c.C-26) Engineers \u2014 Procedure fur conciliation und arbitration of accounts \u2014 Amendments Regulation to amend the Regulation respecting the procedure for conciliation and arbitration of accounts of engineers WHEREAS under section 88 of the Professional Code (R.S.Q., c.C-26), as it read before 15 October 1994, the Bureau of the Ordre des Ingénieurs du Québec must establish, by regulation, a conciliation and arbitration procedure for the accounts of the members of the corporation which may be used by persons having recourse to the services of the members; WHEREAS under section 88 of the Code, ihe Bureau made a Regulation respecting the procedure for conciliation and arbitration of accounts of engineers (R.R.Q., 1981, c.1-9, r.8); WHEREAS it is expedient to amend that Regulation; Whereas under that section of the Code, the Bureau made a Regulation to amend the Regulation respecting the procedure for conciliation and arbitration of accounts of engineers; Whereas in accordance with the third paragraph of section 95 of the Code, as it read before 15 October 1994, a draft regulation was sent to all members of the Order at least 30 days before it was made by the Bureau; Whereas in accordance with sections 10 and 11 of the Regulations Act (R.S.Q., c.R-I8.I), the text of the Regulation was published in Part 2 of the Gazette officielle du Québec of 26 June 1991 with a notice that it could be submitted to the Government for approval upon the expiry of 45 days following that publication; Whereas on 15 October 1994, date of the coming into force of the Act to amend the Professional Code and other Acts respecting the professions (1994, c.40), the provisions under which the Regulation was made were amended by section 76 of that Act without any substantial effect on the content of the Regulation; Whereas in accordance with the first paragraph of section 95 of the Code, amended by section 83 of Chapter 40 of the Statutes of 1994, the Office des professions du Québec has made its recommendations; Whereas it is expedient to approve the Regulation with amendments.It is ordered, therefore, upon the recommendation of Ihe Minister responsible for the administration of legislation respecting the professions: That the Regulation to amend the Regulation respecting the procedure for conciliation and arbitration of accounts of engineers, be approved.Louis Bernard, Clerk of the Conseil exécutif 1894 GAZETTE OFFICIELLE DU QUEBEC, July 5,1995, Vol.127, No.27 Part 2 Regulation to amend the Regulation respecting the procedure for conciliation and arbitration of accounts of engineers Professional Code (R.S.Q.,c.C-26,s.88; 1994, c.40, s.76) I \u2022 The Regulation respecting the procedure for conciliation and arbitration of accounts of engineers (R.R.Q., 1981, c.1-9, r.8), amended by the Regulation approved by Order in Council 813-84 dated 4 April 1984, is further amended by substituting the following for paragraph « of section 1.02: \"(a) \"conciliator\": ihe executive director of the Ordre des ingénieurs du Québec or the person he designates.\".2* The word \"conciliator\" is substituted for the words \"executive director\" in section 2.01.*i.The following is substituted for sections 2.02 to 2.04: \"2.02 A client who has a dispute with a member of the Order concerning the amount of an unpaid account for professional services may file a written application for conciliation with the conciliator, provided that the member has not instituted proceedings to recover the account or, following such application, with the engineer's consent.A client who has a dispute with a member concerning the amount of an account for professional services that he has already paid in whole or in part may also file a written application for conciliation with the conciliator within a 60-day period from the date of receipt of the account.Where the amount of the account has been withdrawn or withheld by the member from the funds that he holds or receives for or on behalf of the client, the period runs from the day on which the client becomes aware of the withdrawal or withholding.2.03 A member may not institute proceedings to recover an account for professional services before the expiry of a 60-day period from the date of receipt of the account by the client.2.04 Within 3 days of receiving an application for conciliation, the conciliator shall notify the member or, where he is unable to notify the member personally within that period, shall notify the member's firm.Once the conciliator has received the application for conciliation, the member may not institute proceedings to recover his account so long as the dispute may be settled by conciliation or arbitration.Notwithstanding the foregoing, a member may request provisional measures in accordance with article 940.4 of the Code of Civil Procedure (R.S.Q., c.C25).\".4» The word \"conciliator\" is substituted for the words \"executive director, or the person designated by him,\" in section 2.05 and the following paragraph is added at the end: \"Any agreement reached during conciliation shall be put in writing, shall be signed by the client and the member and shall be filed with the conciliator.\".5.The following is substituted for sections 2.06 and 2.07: *» \"2.06 The conciliator may require the member or the client to furnish any document relating to the account in dispute and all the information essential to him.The member must cooperate with the conciliator in that respect.2.07 Where conciliation docs not lead to an agreement between the parties, the conciliator shall send a report on the dispute to the parties by registered or certified mail as soon as possible.The report shall contain the following information, where applicable: ( I ) the amount of Ihe account in dispute; (2) with the parties' consent, the amount that the client acknowledges owing and ihe amount that the member acknowledges having to reimburse or is willing to accept as a settlement of the dispute; (3) where applicable, the amount suggested by the conciliator during conciliation as a payment to the member or as a reimbursement to the client.Within 10 days from the date of receipt of the conciliator's report and where the conciliator suggests an amount, the member and the client shall notify the conciliator whether or not they accept his report.\".6* Section 2.08 is revoked.7# The following is substituted for sections 3.01.01 to 3.01.03: GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995, Vol.127, No.27 1895 \"3.01.01 Within 15 days of receiving die conciliation report, the client may apply for arbitration of the account by sending the form in Schedule I and a copy of the report to the conciliator.A client who wishes to withdraw his application for arbitration shall so notify the conciliator in writing.3.01.02 Within 10 days of receiving an application for arbitration, the conciliator shall notify the member concerned or, where he is unable to notify the member personally within that period, shall notify the member's firm.3.01.03 Any agreement reached by the parties after the application for arbitration has been submitted shall be put in writing, shall be signed by the parties and shall be filed with the conciliator or, where an agreement is reached after a council of arbitration has been formed, the agreement shall be recorded in the arbitration award.\".1L The following is substituted for section 3.02.01 : \"3.02.01 The council of arbitration shall be composed of 3 arbitrators where the amount in dispute is $3 000 or more, and of a single arbitrator where the amount is less than $3 000.The administrative committee shall appoint the member or members of the council of arbitration from among the members of the Order and, if the council is composed of 3 arbitrators, shall designate Ihe chairman and the secretary thereof.\".9* The word \"conciliator\" is substituted for the words \"executive director\" in section 3.02.02.10.The following is substituted for section 3.02.03: \"3.02.03 A request that an arbitrator be recused may be filed only for a reason provided for in article 234 of the Code of Civil Procedure.The request shall be sent in writing to the administrative committee, to the council of arbitration and to the parties or their advocates within 10 days of receipt of the notice provided for in section 3.02.02 or within 10 days of the day on which the reason for the request becomes known.The administrative committee shall decide the request and, where applicable, shall sec that the arbitrator is replaced.\".11 \u2022 The words \"administrative committee\" arc substituted for the word \"Bureau\" in section 3.02.05 and the following is added after the first paragraph: \"If the council of arbitration consists of a single arbitrator, he shall be replaced by a new arbitrator and the dispute shall be reheard.\".12.The word \"member\" is substituted for the word \"engineer\" in sections 3.03.01 and 3.03.02.13.The words \"Articles 945,945.3,945.5 to 945.8 and 947 to 947.4\" arc substituted for the words \"Articles 945 and 947\" in section 3.03.06.14.The following is substituted for section 3.04.01: \"3.04.01 The arbitration award shall be issued by a majority of the votes within 6 months of the application for arbitration.The award shall give reasons and shall be signed by all the arbitrators.Where an arbitrator refuses to sign, the others shall mention that fact and the award shall have the same effect as though it were signed by all the arbitrators.In its award, the council of arbitration may uphold or reduce the amount of the account in dispute, determine the reimbursement or payment to which a parly may be entitled, and, where applicable, rule on the amount that the client acknowledges owing and that he sent with his appPcation for arbitration.\".15.The words \"as fixed in section 3 of the submission to arbitration\" arc deleted at the end of the first paragraph of section 3.04.04 and the following is added after the first paragraph: \"Where the account in dispute is upheld in whole or in part, or where a reimbursement is granted, the council of arbitration may add thereto interest and compensation calculated in accordance with articles 1618 and 1619 of the Civil Code of Québec from the date of the application for conciliation.\".I fi.The following is substituted for section 3.04.05: \"3.04.05 The arbitration award is binding on the parties but is subject to compulsory execution only after having been homologated in accordance with the procedure provided for in articles 946.1 lo 946.5 of the Code of Civil Procedure.\".17.The following is substituted for section 3.04.06: \"3.04.06 The record of arbitralion shall be filed with the conciliator who, unless explicitly authorized by the parties, shall issue a copy thereof in whole or in part only to Ihe latter, their advocate, the syndic and the 18% GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995, Vol.127, No.21 members ol' Ihe Bureau.The record shall include (he application for conciliation, the submission lo arbitration and the award; it shall be kept lor a period of at least I year, and not more than 5 years.The conciliator shall return to the parties the documents filed by them at the hearing.\".I11.The following is substituted for Schedule I: \"SCHEDULE i (s.3.01.01) APPLICATION FOR ARBITRATION OF AN ACCOUNT I.the undersigned.(client's name) (domicile) declare that: (i).(member's name) is claiming from me (or refuses to reimburse to me) a sum of money for professional services.(2) I have enclosed a copy of the conciliation report.(3) I am applying lor arbitration of the account under the Regulation respecting the procedure for conciliation and arbitration of accounts of engineers.(4) I have received a copy of the Regulation mentioned above and have taken cognizance thereof.(5) I agree to submit to the procedure provided for in that Regulation and.where required, to pay lo (member's name) the amount of the arbitration award.Signature\" IÎK Schedule II is revoked.20.This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Quebec.9167 Gouvernement du Québec O.C.823-95,14 June 1995 Professional Code (R.S.Q.c.C-26) Notaries \u2014Trust accounting Regulation respecting trust accounting by notaries WHEREAS under subparagraph 6 of the first paragraph of section 93 of the Notarial Act (R.S.Q., c.N-2), as it read before 15 October 1994, the Bureau of the Chambre des notaires du Québec could, by regulation, determine the conditions of receiving, keeping and disposing of the sums and valuables entrusted to notaries, the keeping of trust accounts, the establishment of a system of auditing such accounts, and order a periodic audit thereof} WHEREAS under the above-mentioned subparagraph, that Bureau made the Regulation respect in > trust accounting by notaries (R.R.Q.1981, c.N-2, r.5); WHEREAS it is expedient to replace that Regulation; WHEREAS under the same subparagraph, the Bureau made the Regulation respecting trust accounting by notaries; WHEREAS in accordance with sections 10 and II of the Regulations Act (R.S.Q.c.R-I8.I), a draft of the Regulation attached to this Order in Council was published in Part 2 of the Gazelle officielle du Quebec of 15 December 1993 with a notice that it could be submitted to the Government for approval upon the expiry of 45 days following the date of that publication; WHEREAS on 15 October 1994, date of Ihe coming into force of the Act to amend the Professional Code and other Acts respecting the professions (1994, c.40), the above-mentioned subparagraph was struck out by section 399 of that Act; WHEREAS under paragraph 2 of section 77 of that Act, section 89 of the Professional Code (R.S.Q., c.C-26) was amended so as to require the Bureau to determine, by regulation, the terms, conditions and standards for receipt, custody and disposition of Ihe sums of money and securities that notaries arc called upon lo hold for the account of their clients, and the terms, conditions and standards relating to the keeping and , auditing of trust accounts, books and registers of nota- ' ries; Pari 2 GAZETTE OFFICIELLE DU QUÉBEC, July S, 1995, Vol.127, No.27 1897 Whereas in accordance with section 95 of the Code, amended by section 83 of Chapter 40 of the Statutes of 1994, the Office des professions du Quebec has made its recommendations; Whereas il is expedient to approve the Regulation with amendments; It is ordered, therefore, on the recommendation of the Minister responsible for the application of legislation respecting the professions: That the Regulation respecting trust accounting by notaries, attached lo this Order in Council, be approved.Louis Bernard, Clerk of the Conseil executif t \u2022 Regulation respecting trust accounting by notaries Professional Code (R.S.Q., c.C-26.s.89.1\" par.; 1994, c.40, s.77.par.2) DIVISION I DEFINITIONS AND INTERPRETATION 1.In this Regulation, the word \"notary\" means one notary or several notaries practising together.2.Nothing in this Regulation shall be interpreted as excluding the use of dala processing for ihe keeping of trust accounting records, nor for effecting electronic funds transfers.DIVISION II GENERAL !)\u2022 A notary shall record and account for all sums of money, valuables and other property entrusted lo him, and use them for the purposes for which they were given to him.4.A notary may not deposit or leave his personal sums of money in a trust account.5.A notary who has been so authorized may deduct his fees from the sums of money entrusted lo him.iu The sums of money, valuables and other property entrusted to a notary shall include the monies, negotiable bills payable to the notary or lo the notary in trust, endorsed to his order or to his order in trust or to the bearer, and all bills anil valuables payable to the bearer or registered in the name of the notary or in the name of Ihe notary in trust and entrusted as such to the notary.DIVISION III GENERAL TRUST ACCOUNT 7.in Québec by ?notary in an institution that is a member of the Canada Deposit Insurance Corporation or of the Régie de l'assurance-dépôt du Québec and governed by the Aci respecting trust companies and savings companies (R.S.Q., c.S'29.01 ), the Trust and Loan Companies Act (S.C., 1991, c.45), the Bank Act (S.C.199l,c.46), or by Ihe Savings and Credit Unions Act (R.S.Q., c.C-4), in which such notary deposits the sums of money entrusted to him and which he alone is able to withdraw, subject to section 36.Neither these funds nor the interest earned thereon belong to the notary.ii.Subject to section 13, all sums of money entrusted to a notary shall, as soon as possible after receipt thereof, be deposited in a general trust account opened in his name.!).Upon opening a general trust account, a notary shall immediately complete the form approved for such purpose by Ihe Bureau.Such form shall contain a declaration of trust under his oath of office and shall include, in particular, ( I ) the name, address, postal code and transit number of the depositary institution, as well as the account number and the dale of ils opening; (2) an irrevocable waiver in favour of the notarial studies fund of the interest or other income from such account and the authorization for the institution lo directly transfer lo the notarial studies fund the interest and other income from such account, less administration costs, if any; (3) an irrevocable authorization entitling the Administrative Committee, ihe president, the secretary, the assistant secretary, an inspector, the syndic or an assistant syndic or the equivalent (a) to request and obtain at any time from the depositary institution of the account all the information and explanations deemed necessary or useful for the purposes of this Regulation; (h) to block the sums of money on deposit; and (c) lo dispose of the sums of money on deposit, for the purposes for which the notary had received them, in cases of permit revocation, temporary or permanent striking off ihe roll or limitation of his right to practise, or in any situation where a provisional guardian of his records may be appointed in accordance with section 139 of the Notarial Act(R.S.Q.c.N-2); and 1898 GAZETTE OFFICIELLE DU QUEBEC My 5,1995, Vol.127, No, 27 Part 2 (4) an indication to the effect that the account complies with the Notarial Act and its regulations.10.The notary shall immediately forward a duly completed copy of the form mentioned in section 9 to the institution in which (he general trust account has been opened as well as to the secretary; he shall retain a copy thereof together with the other documents enumerated in section 16.11 \u2022 Upon closing a general trust account, the notary shall immediately notify the secretary of such closing by means of the form approved for such purpose by the Bureau, which shall indicate the name, address, postal code and transit number of the depository institution, as well as the account number, the date of its opening and the date on which the closing became effective.division iv SPECIAL TRUST ACCOUNT 12.A special trust account includes all accounts opened or any investments made by a notary at the request of a client, for and in the name of the latter, in an institution designated in accordance with the provisions of section 7.I !i.Where his client's interest so requires or where the latter expressly demands that Ihe revenue of Ihe sums of money entrusted to the notary be remitted to him.the notary shall deposit such sums of money in a special trust account separate from his general account and have the name of the client for whom such account is thus opened indicated therein.14.Upon opening a special trust account, the notary shall immediately complete the form approved for such purpose by the Bureau.Such form shall contain a declaration of trust under his oath of office and shall include, in particular.( I ) the name, address, postal code and transit number of ihe depositary institution as well as the account number and the date of its opening; (2) the name and address of the client for whom such account has been opened; (3) an agreement to the effect that the interest and other income derived from the account arc the properly of the client: (4) an irrevocable authorization from Ihe client and the notary entitling the Administrative Committee, the president, the secretary, the assistant secretary, an inspector, the syndic or an assistant syndic or the equivalent (a) to request and obtain at any lime from Ihe depositary institution of ihe account all the information and explanations deemed necessary or useful for the purposes of this Regulation; (b) to block ihe sums of money on deposit; and (c) to dispose of Ihe sums of money on deposit, for ihe purposes for which the notary had received them, in cases of permit revocation, temporary or permanent striking off the roll or limitation of his right to practise, or in any situation where a provisional guardian of his records may be appointed in accordance with section 139 of the Notarial Act (R.S.Q., c.N-2); and (5) an indication to the effect that the account complies with the Notarial Act and its regulations.IS.The notary shall immediately forward a duly completed copy of the form mentioned in section 14 to the institution which receives the deposit, lo the secretary and to the client; he shall retain a copy thereof together with the other documents enumerated in section 16.4 division v KEEPING OP TRUST ACCOUNTS 10.The accounting records in which jhe sums of money, valuables and other property enumerated in sections 3 and 6 are entered and accounted for shall he single entry or double entry bookkeeping records which shall consist of, in addition to the cash book and the general ledger, the official receipts prescribed in Ibis Regulation, the passbooks or statements of account of the depositary institutions, cheques and other payment authorizations, and registers and other vouchers or control documents which comply with generally recognized accounting principles.17.The account books and records enumerated in section 16 shall be kept for at least 10 years in a vault or safe that is fire-resistant to a temperature of 927° C for a period of at least one hour.IIU Upon receipt of sums of money, valuables and other property entrusted to him, a notary shall remit to the client for whom he holds such objects an official receipt drawn up in accordance with the form approved for that purpose by the Bureau and indicating the date of receipt, the name and address of the client, the description of the object deposited, its destination and the name of the depositing notary.19.The official receipt shall indicate whether the objects received in trust are sums of money, valuables or Pari 2 GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995, Vol.127, No.27 1899 oilier properly, subject to the provisions of the Notarial Act and its regulations.20.Official receipts shall be pre-numbcred and the notary shall keep copies thereof.21 \u2022 The notary shall post up a copy of sections 18 to 20 of this Regulation in a conspicuous place in his office; that copy shall be provided lo the notary by the Chamber.22.The cheques and other payment authorizations drawn on a general or special trust account shall bear the mention: \"trust account in accordance with the Notarial Act and its regulations\".Cheques shall be pre-numbcred.23.Trust accounting records shall be kept up-to-date.24.The notary shall keep at the disposal of each client who entrusts him with sums of money, valuables or other property an up-to-date client's account showing, from day to day, all the entries made in such account as well as all the vouchers for such entries.25.A notary shall carefully monitor the receipt, deposit, withholding and use of the sums entrusted to him.To that end, the notary, in executing a contract of service involving the signature of a deed, shall, in particular, (I ) obtain all ihe sums required to execute such contract of service before the deed is signed: (2) ensure that sufficient funds have been received to cover all disbursements in order to avoid the possibility that a client's account may be in a debit situation; (3) deposit receipts before any cheques or other payment authorizations issued are cashed in order to avoid the possibility that the cheques issued for a client might be paid using sums belonging to other clients; (4) where applicable, withhold sums until the deed creating or transferring rights is registered and indexed in the index of immovables without any entry detrimental to the rights created or transferred; (5) follow up the cheques and other payment authorizations within 6 months from ihe date of their issue so as to ensure that they have been cashed; and (6) make up immediately any overdraft with his own money, whatever the reason therefor.26.A notary may not withdraw any amounts in cash from his general or special trust account.27» On the last day of each month, a notary shall, using ihe form approved for such purpose by the Bureau, draw up a report containing, in particular, (1) Ihe total of the receipts and disbursements made during the month; (2) a reconciliation of the cash book and general ledger with the pertinent bank statements; (3) a list of the sums owing to the clients, indicating the name or account number of each, the date of the last entry as well as the balance; (4) a list of cheques in circulation, indicating for each the number, date and amount; (5) a list of the receipts in circulation, indicating for each the number, date of the receipt and the amount thereof; and (6) a list of the general and special trust accounts, indicating for each the name of each depositary institution, the number of the account and the balance ai the end of the month.division vi AUDITING OF TRUST ACCOUNTING RECORDS 2l\\.Each year, on or before 31 March, a notary shall have his trust accounting records audited for the year ending on the preceding 31 December.20.A notary shall appoint a chartered accountant lo audit his trust accounting records.Such appointment shall be valid until its revocation.30.Should a notary fail to comply with any of the obligations imposed by sections 28 and 29, the Administrative Committee may appoint the chartered accountant of its choice and charge him with the auditing of the notary's trust accounting records at the notary's expense.31 \u2022 The chartered accountant shall audit the accounting procedures used by the notary during the year for ihe keeping of his trust accounting records in accordance with the generally recognized auditing standards which he deems necessary in the circumstances.To that end, he shall audit, in particular, (I) the receipts and disbursements affecting the cash book, general ledger and the pertinent passbooks or 1900 GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995, Vol, 111, No.11 statements with vouchers, including the relevant files and originals; (2) the reconciliation of the general and special trust accounts with the notary's books; and (3) the inventory of the sums of money, valuables and other property entrusted to the notary as of 31 December.32.Once the auditing is completed, (he chartered accountant shall draw up, by using the form approved for such purpose by the Bureau and by entering therein any restrictions which lie deems appropriate, a report certifying that the notary has complied with this Regulation.division vii ANNUAL REPORT 33.Each year, on or before 31 March, a notary shall forward to the secretary, together with the chartered accountant's report prescribed by section 32, and using the form approved for such purpose by the Bureau, a report containing, in particular, (1) a declaration under his oath of office attesting that all sums of money and valuables entrusted to him in the exercise of his profession during the preceding year have been deposited, accounted for and used in accordance with the Notarial Act and its regulations; (2) the total of the receipts received and disbursements made each month; (3) the reconciliation of the cash book and of the general ledger with the pertinent bank statements; (4) a list of the sums owing to the clients, indicating the name or account number of each, the date of the last entry as well as the balance thereof; (5) a list of the cheques in circulation on 31 December, indicating for each the number, the date and the amount; (6) a list of the receipts in circulation on 31 December, indicating for each the date of receipt of the funds, the amount and the date of subsequent deposit thereof; and (7) a list of the general and special trust accounts kept during the year, indicating for each the name of the depositary institution, the number of the account and the balance at the end of the year.A single report shall be sufficient for notaries who have a common trust account, provided that it indicates the names of all the notaries and is signed by each of them.34.A notary who has received no sums of money, valuables or other property in trust shall forward to the secretary on or before 31 March on the form mentioned in section 33, a declaration under his oath of office to that effect.DIVISION VIII MISCELLANEOUS 35.A notary is subject to professional secrecy with respect lo the account books and documents enumerated in section 16; such account books and documents arc nevertheless subject to professional inspection and audit.30.The Administrative Committee, the president, the secretary, the assistant secretary, an inspector, the syndic or an assistant syndic or the equivalent may ( i ) request and obtain at any time from the depositary institution of any general or special trust account all the information or explanations deemed necessary or useful for the purposes of this Regulation; (2) request and obtain at any time from the institution in which are deposited sums belonging to clients and which the notary should have deposited in a general or special trust account all the information or explanations deemed necessary or useful for the purposes of this Regulation; (3) block the funds deposited; (4) dispose of the funds deposited, for the purposes for which the notary had received them, in cases of permit revocation, temporary or permanent striking off the roll or limitation of his right to practise, or in any situation where a provisional guardian may be appointed of his records in accordance with section 139 of the Notarial Act; and (5) lake possession of any sums of money, valuables and other property entrusted to a notary under this Regulation.37.Should a notary fail to comply with any of the obligations imposed by sections 23, 24 or 27, the Administrative Commitlcc may, at any time during the year, appoint a chartered accountant of its choice and charge him with the auditing, the notary's trust accounting records at the notary's expense. GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995, Vol.Ill, No.21 1901 \u2022 DIVISION IX FINAL !HI.This Regulation replaces the Regulation respecting trust accounting by notaries (R.R.Q., 1981, c.N-2, r.5).39« This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Quebec.9168 Gouvernement du Québec O.C.824-95,14 June 1995 Professional Code (R.S.Q.c.C-26) Diplomas issued by designated teaching establishments which give access to permits or specialist's certificates \u2014 Amendments Regulation to amend the Regulation respecting the diplomas issued by designated teaching establishments which give access to permits or specialist's certificates of professional orders WHEREAS section 42 of the Professional Code (R.S.Q., c.C-26; 1994, c.40) provides, in particular, that, subject lo any special act, no person may obtain a permit or a specialisl's certificate unless he holds a diploma recognized as valid for such purpose by regulation of the Government made under the first paragraph of section 184 of the Professional Code; WHEREAS under the first paragraph of section 184 of the Professional Code, after having obtained the advice of the Office des professions du Québec in accordance with subparagraph 7 of the third paragraph of section 12, and of the Order concerned, the Government may, by regulation, determine the diplomas issued by the educational institutions it indicates which give access to a permit or specialist's certificate; WHEREAS the Government made the Regulation respecting the diplomas issued by designated teaching establishments which give access to permits or specialist's certificates of professional orders (R.R.Q., 1981,c.C-26,r.I); WHEREAS under section 3 of the Act respecting judgments rendered by the Supreme Court of Canada on the language of statutes and other instruments of a legisla- tive nature (R.S.Q., c.J-I.l), the Government made, by Order in Council 1139-83 dated I June 198), a replacement regulation that reproduced that regulation without amendment and gave effect to it from I August 1982; WHEREAS it is expedient to amend that regulation in order to determine the diplomas issued by designated leaching establishments which give access to the permit issued by the Ordre des podiatres du Québec; WHEREAS the consultations required under Ihe first paragraph of section 184 of the Professional Code and subparagraph 7 of the third paragraph of section 12 have been held; Wiifrkas in accordance with sections 10 and 11 of the Regulations Act (R.S.Q., c.R-I8.i), a draft regulation was published in Part 2 of the Gazette officielle du Québec of 3 August 1994 with a notice that it could be made by the Government upon the expiry of 45 days following that publication; WHEREAS it is expedient to make Ihe Regulation; It is ORDERED, therefore, on the recommendation of the Minister responsible for the administration of legislation respecting the professions: That the Regulation lo amend the Regulation respecting the diplomas issued by designated teaching establishments which give access to permits or specialist's certificates of professional orders, attached to this Order in Council, be made.Louis Bernard, Clerk of the Conseil exécutif Regulation to amend the Regulation respecting the diplomas issued by designated teaching establishments which give access to permits or specialist's certificates of professional orders Professional Code (R.S.Q., c.C-26, s.184,1\" par.; 1994, c.40.s.164) I \u2022 The Regulation respecting the diplomas issued by designated teaching establishments which give access lo permits or specialist's certificates of professional orders, made by Order in Council 1139-83 dated I June 1983, replacing the revised regulation (R.R.Q., 1981, c.C-26, r.I) and having effect from I August 1982, amended by the Regulations made by Orders in Council 249-83 dated 17 February 1983,1592-84 dated 4 July 1984, 1645-84 dated 11 July 1984.2193-84 and 2194- 1902 GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995, Vol.127, No.27 'art 2 84 dated 3 October 1984,2755-84 dated 12 December 1984,672-85 dated 3 April 1985,268-86dated 12 March 1986,737-87 dated 13 May 1987,866-88 dated 8 June 1988,890-89 dated 14 June 1989,1292-89 dated 9 August 1989,201-90 dated 21 February 1990,142-91 dalcd 6 February 1991, 1231-91 dated 4 September 1991, 1726-91 dated 11 December 1991,320-92dated4March 1992,796-92 dalcd 27 May 1992,1099-92 dated 22 July 1992, 1647-92 and 1653-92 dated II November 1992, 680-93 dated 12 May 1993, 52-94 dated 10 January 1994,838-94 dated 8 June 1994,1368-94 dated 7 September 1994 and 1834-94 dated 21 December 1994, is further amended by inserting the following section after section 4.01: \"4.02 The following diplomas issued by the teaching establishments listed below give access to the permit issued by the Ordre des potliaircs du Québec: (a) Doctor's degree in pediatric medicine of the California College of Podialric Medicine; (I)} Doctor's degree in podialric medicine of the Dr.William M.Scholl College of Podialric Medicine; (c) Doctor's degree in podialric medicine of the New York College of Podialric Medicine; (d) Doctor's degree in podialric medicine of the Ohio College of Podialric Medicine; le) Doctor's degree in podialric medicine of Ihe Pennsylvania College of Podialric Medicine; If) Doctor's degree in podialric medicine ol the Barry University School of Podialric Medicine; (g) Doctor's degree in podialric medicine of the College of Podialric Medicine and Surgery, University of Osteopathic Medicine and Health Sciences.\".2.This Regulation comes into force on the fifteenth day following the dale of its publication in the Gazette officielle du Québec.9169 Gouvernement du Québec O.C.891-95,28 June 1995 An Act respecting land use planning and development (R.S.Q.C A-I9.I) Obtaining a building permit for u new single-family dwelling \u2014 Information required Regulation respecting Ihe information required for the purpose of obtaining a building permit for a new single-family dwelling whereas under Ihe third paragraph of section 120 of the Act respecting land use planning and development (R.S.Q.,c.A-19.1), amended by section 51 of Chapter 8 of the Statutes of 1995, the Government may, by regulation, determine what information and documents must be required to support a declaration that must accompany an application for a building permit for a new single-family dwelling, and determine to which departments and other bodies the information determined by the Government must be transmitted; WHEREAS under sections 10 and 11 of the Regulations Act (R.S.Q., c.R-I8.I), a draft regulation for this purpose was published in Part 2 of the Gazelle officielle du Québec of 24 May 1995 with a notice thai it could be made by the Government upon the expiry of 30 days following that publication and that any interested person could send his comments to the Minister of Municipal Affairs before the expiry of the 30-day period; WHEREAS comments on the draft regulation were received before the expiry of the 30-day period; WHEREAS it is expedient to make the regulation with amendments; WHEREAS under section 18 of that Act, a regulation may come into force on the date of its publication in the Gazelle officielle du Quebec where the authority that has made it is of ihe opinion that the urgency of the situation requires it; WHEREAS under section 18 of that Act, the reason justifying such coming into force shall be published with the regulation; WHEREAS in the opinion of the Government, the urgency due to the following circumstances justifies such coming into force: Part 2 GAZETTE OFFICIELLE DU QUÉBEC July 5,1995, Vol.127, No.27 1903 \u2014 the purpose of the regulation is to allow the Government to establish a mechanism designed to make it possible to detect and counter unreported work in the construction industry, more specifically in Ihe field of the construction of new single family dwellings; \u2014 in order to enable (he Government to attain its objectives in this area through the implementation of these measures for Ihe summer of 1995, il is essential for the regulation to come into force on the dale of its publication; IT is ORDERED, therefore, on ihe recommendation of the Minister of Municipal Affairs: \u2022That the Regulation respecting the information required for the purpose of obtaining a building permit for a new single-family dwelling, attached to this Order in Council, be made.Louis Bkrnard, Clerk of the Conseil exécutif # \u2022 Regulation respecting the information required for the purpose of obtaining a building permit for a new single-family dwelling An Act respecting land use planning and development (R.S.Q.c.A-19.1, s.120; 1995,c.8.s.5I) I \u2022 An officer of a municipality that is responsible for issuing a building permit shall require that a person applying for a building permit for a new single-family dwelling, in support of the declaration referred to in the second paragraph of section 120 of the Act respecting land use planning and development (R.S.Q., c.A-19.1 ), amended by section 51 of Chapter 8 of the Statutes of 1995, supply (1) his name; (2) the address of his domicile; (3) his social insurance number; and (4) the address, where available, or the identification of the lot, by cadastre number, on which the new single-family dwelling is to be built.If (he applicant states in his declaration that the construction work will be performed by a contractor, the officer shall also request thai the applicant indicate (2) the contractor's registration number for the Québec sales tax (QST), as referred to in section 415 of the Act respecting the Québec sales tax (R.S.Q., c.T-0.1); and (3) the contractor's registration number for the Goods and Services Tax (GST), as referred to in section 241 of the Excise Tax Act (Revised Statutes of Canada (1985) c.E-15).If Ihe applicant states in his declaration that he is an owner-builder, the officer shall also ask him to indicate whether he oblained a building permit for a new single-family dwelling in the 12 months preceding his application.The officer shall also ask him whether he intends to have the construction work performed by paid employees.2* An officer referred to in section I shall, within the first 10 days of ihe month following the month during which a building permit referred to in that section was issued, send lo the secretary of the Régie du bâtiment du Québec, in addition to the information referred to in section I, (1) the number and expiry date of contractor's licence as indicated, where applicable, in the declaration referred to in section I; and (2) the date of issue of the building permit and, where applicable, its number.3« From I September 1996, the information referred to in the first sentence of the third paragraph of section I ceases to be required.4« This Regulation comes into force on the date of ils publication in the Gazette officielle du Québec.9173 ( I ) the contractor's name; GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995, Vol, 111, S'a.21 Draft Regulations Draft regulation An Act respecting the Régie du logement (R.S.Q.c.R-8.1) Procedure of the Régie du logement Pursuant to sections 10 and 11 of the Regulations Act (R.S.Q., c.R-I8.I), notice is hereby given that the Regulation amending the Rules of procedure of the Régie du logement, to which to commissioners agreed in principle at the meeting held on May 31,1995, and the text i of which appears below, may be adopted upon the expiry of 45 days following the present publication.This draft regulation sets forth: \u2014 the principle of recording hearings at the Régie du logement; \u2014 restrictions with respect to broadcasting of the recordings in a public place or for public purposes; \u2014 conditions for obtaining a transcript or recording made by the Régie; \u2014 rules relating to destroying the recordings.The draft will have the following consequences: \u2014 it will permit litigants or a Commissioner to refer to the recording if need be; \u2014 it will establish a reliable means of reference.Additional information may be obtained by writing to M' Carole Mc Murray, at the Régie du logement, I, rue Notre-Dame Est, IP étage, Montréal, 112Y IB6, telephone (514) 873-6575 or fax (514) 873-6805.Anyone with comments on this subject is asked to write to the Chairperson of the Régie du logement, I, rue Notre-Dame Est, I Pelage, Montréal, H2Y IB6, before Ihe expiry of the 45-day period.Rodrigue Duré, Chairperson of ihe Regie du logement Regulation amending the Rules of Procedure of the Régie du logement An Act respecting the Régie du logement (R.S.Q.C R-8.1, a.85) I \u2022 The Rules of Procedure of the Régie du logement, approved on November 23, 1992 by the Minister responsible for the administration of the Act respecting the Régie du logement (R.S.Q., c.R-8.1), published in Part 2 of the Gazelle officielle du Québec of December 2,1992 on page 5055 and amended by the Regulations published in Part 2 of the Gazelle officielle du Québec of June 1,1994 on page 2(K)I and of December 21,1994 on page 4637, are further amended by insertion of the following after section 39: « §2.1 Recording of hearings 39.1 The Régie may record hearings by any appropriate means.If a commissioner does not record a hearing, he must indicate the reasons in the minutes of the hearing.39.2 Any other means of recording, auditory or visual, is forbidden unless authorized by the commissioner and on the conditions he determines.The playing of a recording of a hearing in a public place or for the purposes of a public broadcast is forbidden.39.3 Anyone may, on payment of the costs, obtain a stenographic transcript of the recording made by the Régie.The request must be made in writing within 6 months of the date of the decision.All stenographic transcripts must be prepared by a stenographer whose comptcncc is established in accordance with the rules set forth in the Act respecting Stenographers (L.R.Q., c.S-33).Reproduction of ihe stenographic transcript is forbidden.39.4 The Régie destroys the original recording upon the expiry of the aformcnlioned 6 month delay, unless the president or vice-president whom he designates decide otherwise.». 1906 GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995, Vol, 127.No.27 2* The present regulation conies into force on the fifteenth day after the date of its publication in the Gazelle officielle du Québec.9171 GAZETTE OFFICIELLE DU QUÉBEC, July 5,1995, Vol.Ill, No.21 1907 Index Statutory Instruments Abbreviations: A: Abrogated, N: New, M: Modified Regulations \u2014Statutes Page Comments Bar \u2014Accounting and trust accounts .1881 M (Professional Code, R.S.Q., c.C-26) Chemists \u2014 Conciliation and arbitration procedure for Ihe accounts .1882 N (Professional Code, R.S.Q., c.C-26) Collective agreement decrees, An Act respecting.\u2014 Men's and boys' shirt industry.1875 M (R.S.Q.C D-2) \u2022Conservation and development of wildlife, An Act respecting.\u2014 Possession of dogs in game reserves \u2014 Revocation .1876 A (R.S.Q.c.C-61.1) Cooperative Syndicates Act \u2014 Repeal.1873 A (R.S.Q.c.S-38) Diplomas issued by designated teaching establishments which give access lo permits or specialist's certificates.1901 M (Professional Code, R.S.Q., c.C-26) Engineers \u2014 Procedure for conciliation and arbitration of accounts.1893 M (Professional Code, R.S.Q., c.C-26) Guidance counsellors \u2014 Code of ethics.1885 M (Professional Code, R.S.Q., c.C-26) Labour relations, vocational training and manpower management in the construction industry and other legislative provisions, An Act to amend the Act respecting.\u2014 Coming into force .1871 (I995.c.8) Land surveyors \u2014 Conciliation and arbitration procedure for Ihe accounts .1877 N (Professional Code.R.S.Q., c.C-26) Land use planning and development, An Act respecting.\u2014 Obtaining a building permit for a new single-family dwelling \u2014 Information required.1902 N (R.S.Q.c.R-I9.I) Medical Act \u2014 Physicians \u2014 Acts which may be done by classes of persons other than physicians.1891 M (R.S.Q.c.M-9) Men's and boys'shirt industry .1875 M (An Act respecting collective agreement decrees, R.S.Q.,c.D-2) Notaries \u2014 Trust accounting .1896 N (Professional Code, R.S.Q., c.C-26) Nurses Act \u2014 Nurses \u2014 Standards for equivalence of diplomas for the issue of a permit.1888 N \u2022(R.S.Q.c.1-8) Nurses \u2014 Standards for equivalence of diplomas for the issue of a permit.1888 N (Professional Code, R.S.Q., c.C-26) t 1908_GAZETTE OFFICIELLE DU QUÉBECJttlyS, 1995, Vol.127, So.27_Pari 2 Nurses \u2014 Standards for equivalence of diplomas for Ihe issue of a permit.1888 N (Nursing Act, R.S.Q., c.1-8) Nursing assistants \u2014 Terms and conditions for permits to be issued.1887 M (Professional Code, R.S.Q., c.C-26) Physicians \u2014 Acts which may be done by classes of persons other than physicians.1891 M (Medical Act, R.S.Q.c.M-9) Obtaining a building permit fora new single-family dwelling \u2014 Information required .1902 N (An Act respecting land use planning and development, R.S.Q., c.R-I9.I ) Possession of dogs in game reserves \u2014 Revocation.1876 A (An Act respecting conservation and development of wildlife, R.S.Q., c.C-61.1) Procedure of the Régie du logement.1905 Draft (An Act respecting the Régie du logement, R.S.Q., c.R-8.1) *» Professional Code \u2014 Bar \u2014 Accounting and trust accounts .1881 M (R.S.Q.c.C-26) Professional Code \u2014 Chemists \u2014 Conciliation and arbitration procedure for the accounts .1882 N (R.S.Q.c.C-26) Professional Code \u2014 Diplomas issued by designated teaching establishments which give access to permits or specialist's certificates .1901 M (R.S.Q.c.C-26) Professional Code \u2014 Engineers \u2014 Procedure for conciliation and arbitration of accounts.1893 M (R.S.Q.c.C-26) Professional Code \u2014 Guidance counsellors \u2014 Code of ethics .1885 M (R.S.Q.c.C-26) Professional Code \u2014 Land surveyors \u2014 Conciliation and arbitration procedure for the accounts .1877 N (R.S.Q.c.C-26) Professional Code \u2014 Notaries \u2014 Trust accounting .1896 N (R.S.Q.c.C-26) Professional Code \u2014 Nurses \u2014 Standards for equivalence of diplomas for the issue of a permit.1888 N (R.S.Q.c.C-26) Professional Code \u2014 Nursing assistants \u2014 Terms and conditions for permits to be issued.1887 M (R.S.Q.c.C-26) Régie du logement, An Act respecting the.\u2014 Procedure of the Régie du logement.1905 Draft (R.S.Q.c.R-8.1) Port (le retour garanti Gazette officielle du Quebec 1500-D.boul Charesl Ouest.Ie étage Sainte-Foy (Quebec) G1N2E5 ISSN 0703-5721 POSTE >M AIL Seniii ikiIiwi lu f sun dull f cil (orpyiiioa f'Mlil ''iili;i|i'l Nbre Blk Permis no 6593178-95 Québec 4 Éditeur officiel Quebec PUBLICATIONS DU QUÉBEC "]