The Office of the Syndic and respect for ethics Essential values

Syndic Frequently asked questions.

The engineer's four professional values are: competence, ethics, responsibility and social commitment. However, instances of misconduct, such as lack of integrity, lack of diligence or incompetence, may arise.

Engineers must comply with a code of conduct known as the Code of Ethics to guide them in their work. The Order also seeks to ensure that engineers respect this code and the regulations adopted pursuant to it.

More specifically, the Office of the Syndic is responsible for ensuring compliance with these obligations by conducting investigations and by lodging complaints with the Disciplinary Council. Disciplinary measures serve to correct and to penalize any professional misconduct by engineers in view of ensuring protection of the public.

1) Request for an investigation

Who can request an investigation?

Any person who believes that an engineer has demonstrated incompetence, negligence, a lack of integrity or a lack of diligence or has committed other offences under the laws and regulations governing the engineering profession.

How is such a request made?

Such a request is preferably made in writing. It contains:

• The name of the engineer concerned.
• The description of events that occurred.
• Key facts.
• The allegations against the engineer.
• Any other information and documents supporting such allegations.

Such a request is transmitted:

• By mail to: The Syndic, Office of the Syndic, Ordre des ingénieurs du Québec, Windsor Station of Montreal, Suite 350, 1100 de la Gauchetière W., Montreal (Quebec) H3B 2S2.
• By fax to: (514) 845-7780.

2) Investigations

Response to a request for an investigation

Who initiates the investigation?

A requests for an investigation is submitted to the OIQ's Office of the Syndic:

• Once the request has been received, the syndic (investigator) considers the admissibility of the request and decides if an investigation should be launched.
• An acknowledgement of receipt is sent to the complainant. The acknowledgement will either state that an investigation has been launched or that the request cannot be accepted.

Who conducts the investigation?

The investigation is conducted by the syndic or by an assistant syndic. Assistants have the same powers and enjoy the same independence as the syndic.

What conclusions may result from the investigation?

• If the investigation concludes that there is a basis for lodging a complaint, the complainant and in most cases the engineer are so informed. The complaint is filed with the Disciplinary Council.
• Should the investigation raise doubts as to the engineer's competence, the syndic may then forward the complaint to the Professional Inspection Committee.
• Should the investigation conclude that there is inadequate basis for lodging a complaint, the complainant and the engineer in question are so informed. If the complainant is not satisfied with the response:
  • That party may request the Review Committee for an opinion on the decision not to lodge a complaint and to close the file.
    
    Or
    
    
  • That party may lodge a private complaint with the Disciplinary Council.

What can the Review Committee do?

• The Review Committee receives requests for review from any complainant who is not satisfied with the decision of the syndic or of the assistant syndic not to lodge a complaint.
• This committee may:
  • Conclude that there was in fact no basis to lodge a complaint;
  • Suggest that the syndic or the assistant syndic complete the investigation.
  • Advise the syndic or the assistant syndic to turn the file over to the Professional Inspection Committee.
  • Conclude that there are grounds for lodging a complaint with the Disciplinary Council.

3) Processing the complaint

Where is the complaint lodged?

• If the syndic decide to lodge a complaint following their investigation, this complaint is forwarded to the Disciplinary Council.
• The Disciplinary Council is an independent administrative tribunal of the Ordre with the power to penalize any engineer who is found guilty of an offence.

How is the hearing into the complaint conducted?

• The Disciplinary Council holds a hearing.
• Three individuals are responsible for the hearing on the complaint: the president of the Council, a lawyer appointed by the government and two engineers appointed by the Order's Board of Directors.
• Evidence is presented with respect to the complaint. Witnesses may be called, including the engineer in question and possibly the complainant.
• The engineer-respondent may be represented by legal counsel.
• The hearing is open to the public. The roll of hearings (providing the place, time, names of parties and subject of the complaint) is posted in the lobby of the Order's head office and on its Web Site.

4) The penalty

What purpose is served by the penalty?

The penalty serves to correct misconduct and to set an example for other engineers who may find themselves in similar situations. It is not designed to provide compensation to the complainant or to some third party. Any award for losses must be sought through the courts.

What kind of penalty may be imposed?

• The penalty varies according to the gravity of the case.
• It may consist of:
  • A reprimand.
  • A fine (from a minimum of $600 to as much as $6,000 for each offence).
  • Temporarily or permanently striking the engineer from the membership roll.
  • Restricting or suspending the engineer's right to engage in the practice of the profession.
  • Revoking the engineer's permit.

5) Appealing a decision

Depending on the situation, the engineer in question or the syndic may appeal a decision by the Disciplinary Council to the Professions Tribunal. All decisions are public and may be consulted. Copies of such decisions may also be obtained from the office of the Disciplinary Council by sending an email to: jletarte@oiq.qc.ca.