Conciliation and Arbitration of Fees

Who can apply for conciliation?

Any client who has a dispute over the amount of a fee charged by a member of the OIQ is entitled to conciliation.

Under what conditions should you apply?

To be eligible, you must submit your claim within 60 days from the receipt of the invoice, even if the amount has been paid in whole or in part.

Please note that if the Member has deducted or withheld payment from the account from funds held or received for you or on your behalf, the 60 days must be counted from the time you become aware of the deduction or withholding.

How can I apply?

To obtain this service, you must complete the form “Demande de conciliation” (in French) and send it to us by e-mail at [email protected] (indicating “Demande de conciliation” in the subject line), or by mail:

Request for conciliation
Secretary of the Order
OIQ
1801 McGill College Avenue, 6^th floor
Montreal, Quebec H3A 2N4

Who can apply for arbitration?

Where no agreement is reached after conciliation, the client is entitled to request arbitration as set out in the Regulation.

What are the requirements for applying?

To be eligible, you must submit the form (in French) within 15 days of receiving the conciliation report.

How can I apply?

To obtain this service, you must complete the Demande d’arbitrage de compte (in French) and send it to us, ideally by e-mail at [email protected] (indicating “Demande d’arbitrage de compte” in the subject line) or by mail:

Application for arbitration of fees
Secretariat and legal affairs
OIQ
1801 McGill College Avenue, 6th floor
Montreal, Quebec H3A 2N4

Please note that only you can withdraw a request for arbitration, provided you do so in writing and with the consent of the engineer.

Who sits on the Arbitration Panel?

The Arbitration Panel is composed of persons selected among the members of the OIQ and appointed by the Board of Directors, namely:

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

Is it possible to challenge an arbitrator?

A request for disqualification of an arbitrator may be made on any grounds set out in Article 202 of the Code of Civil Procedure.

How is the arbitration hearing conducted?

Here are the steps of an arbitration hearing:

• At least 10 days before the hearing, you and the engineer will receive a notice indicating the hearing’s date, time, and place.
• If you wish, you may be represented by a lawyer, as may the engineer.
• The arbitration panel hears both parties and receives their evidence.
• Testimony is not recorded unless either party requests it, in which case the requesting party bears the cost of recording.

When is the decision rendered?

The arbitration panel shall render its decision within 45 days of the completion of the hearing. To that end, it may:

• Maintain or decrease the fees in dispute.
• Determine the refund or payment to which a party may be entitled.
• Rule on the amount, if any, that the client has acknowledged owing and that they have submitted with the application.
• Award the costs of the arbitration to either or both parties.

Please note that both parties are responsible for paying their respective expenses related to the arbitration process.