Where is the complaint lodged?
Once the inquiry is finished, the syndic may decide to lodge a complaint. The syndic
may then submit the complaint to the Disciplinary Council. This administrative
tribunal, which is independent of the Order, has the power to penalize engineers who
are found guilty of offences.
How is the hearing into the complaint conducted?
The Disciplinary Council holds a hearing. Three people are in charge of conducting the hearing of the complaint: the Chair of the Board — an attorney designated by the government — and two engineers appointed by the Board of Directors of the OIQ.
The evidence of the charges is presented. Several people may testify, including the engineer concerned and possibly even the requester. The engineer concerned may be represented by a lawyer.
The hearings are open to the public. The roll of hearings (indicating the place, time, names of the parties and subject of the complaint) is displayed in the lobby of the Secretariat and on the OIQ’s Web site.
All decisions and evidence produced during the hearing are public and may be consulted (unless otherwise ordered), just like the files in other courts (except where prohibited). It is also possible to obtain copies of them by contacting the Disciplinary Council. The syndic will automatically send a copy of the decisions to the person who requested the inquiry.
For more information, go to the FAQ.
What purpose does the penalty serve?
The purpose of the penalty is to correct the misconduct of engineers and make
examples of them for engineers who may be in a similar situation. Its goal is not to
compensate the person who requested the inquiry or a third party. To obtain
reparation, the necessary steps must be taken with a court of law.
The penalty imposed varies according to the seriousness of the offence. Some of the penalties which can be imposed are:
- a reprimand;
- a fine (minimum: $2,500; maximum: $62,500 for each offence);
- temporary or permanent striking off from the roll of OIQ members;
- a restriction or a suspension of a engineer’s right to engage in professional activities;
- the revocation of an engineer’s permit.
Can a decision be appealed?
Once a decision has been issued by the Disciplinary Council, the engineer concerned
and the syndic may appeal it with the Professions Tribunal. If that is the case, the
syndic will notify the inquiry requester of the appeal.