Mediation and arbitration of fees

Do you disagree with an engineer over his bill? You can ask the OIQ to mediate and, where applicable, arbitrate your dispute. A mediator will conduct mediation sessions aimed at producing agreement between the parties. Should mediation fail, an arbitration board will hear both parties and hand down a decision. Here is how the process works:

1. Request for mediation

Who can submit the request?

Any client disputing a bill that has been submitted by a member who is listed as an engineer on the OIQ's roll.

What conditions apply to making such a request?

• Within 60 days of the date the bill is received, if it has been paid in whole or in part.
• Where payment has been made or withheld by the member from the fund that he holds or that he has received for or on behalf of the client, the time starts to run from the moment the client learns that payment was made or withheld.

To seek mediation, please write to:

Mediation request
Secretary and Executive Director
Ordre des ingénieurs du Québec
Windsor Station, Suite 350
1100 de la Gauchetière W.
Montreal (Quebec) H3B 2S2

2. Arbitration

Who can request arbitration?

Within 15 days of his receipt of the mediation report, a client may request arbitration of the account by sending the mediator the form provided in Appendix I of the Regulation respecting the conciliation and arbitration procedure for the accounts of engineers, along with a copy of the report and its appendices. A request for arbitration may only be withdrawn by the client in writing and with the member's consent.

Who will arbitrate the dispute?

- Arbitrators selected from among the members of the Order and appointed by the Executive Committee. Arbitration boards consist of:

• Three arbitrators if the amount in dispute is at least $10,000.
• One arbitrator if the amount in dispute is less than $10,000.

Can an arbitrator be recused?

Yes, for the grounds specified in section 234 of the Code of Civil Procedure.

What is the procedure for the hearing?

• The engineer and client are given prior notice of at least 10 days. Such notice specifies the date, time and place of the hearing.
• The client and the engineer may, if they desire, be represented by legal counsel.
• The arbitration board hears the parties and receives their evidence. It proceeds with all due diligence, based on the kind of procedure and the types of evidence that it deems appropriate.
• Testimony is not recorded unless one of the parties so requests. That party shall assume the recording costs.

3. The arbitration award

How is the award decided?

• By a majority of votes of the members of the arbitration board.
• Each arbitrator must sign and give reasons for his decision. If one member refuses to sign, the others shall make note of that fact and the decision shall have the same effect as if it was signed by all of the arbitrators.

When is the award handed down?

- Within 45 days of the conclusion of the hearing.

What can the award include?

In its award, the arbitration board may:

• Maintain or reduce the amount of the bill in question.
• Determine the reimbursement or the payment to which one of the parties may be entitled.
• Where appropriate, rule on the amount that the client acknowledges as his debt and which he transmitted along with his request for arbitration.

What is the scope of such an award?

• It is binding on the parties in question.
• It can be put into compulsory execution after it is homologated, pursuant to the Code of Civil Procedure (articles 946.1 through 946.5).

4. Costs

Who pays the respective expenses of the parties with respect to the request for arbitration?

Each party.

Who pays arbitration expenses?

This is decided by the arbitration board. Such fees may not exceed 15% of the amount that is the subject of arbitration.

To review the Regulation respecting the conciliation and arbitration procedure for the accounts of engineers, click here. Regulation respecting the conciliation and arbitration procedure for the accounts of engineers)

This form must be sent to the following address:

Account arbitration request
Secretary and Executive Director
Ordre des ingénieurs du Québec
Windsor Station, Suite 350
1100 de la Gauchetière W.
Montreal (Quebec) H3B 2S2

Tel.: (514) 845-6141 or 1-800-461-6141, Ext. 3175
Fax: (514) 845-1833