Disciplinary Process

The Disciplinary Committee has jurisdiction to decide all complaints brought before it by the Chambre’s syndic or co-syndic, following a thorough inquiry, as well as private complaints. The Committee hears the evidence presented by both parties, then determines whether the representative violated the Act respecting the distribution of financial products and services, the Securities Act or their regulations. Where applicable, it sanctions the respondent for his/her actions. It also has jurisdiction to decide complaints related to offences committed before October 1, 1999.

The Disciplinary Committee decides all complaints brought before it. The complaint must set out the nature and circumstances of the offence allegedly committed by the professional and be given under oath or solemn declaration. The secretary of the Committee then serves the complaint on the representative in question. This complaint is accompanied by a notice of hearing and documents supporting the complaint.

The secretary of the Disciplinary Committee holds a role of hearing which is accessible to the public and which it posts at least ten days before the date fixed for the hearing. It is a matter of principle that any hearing is public unless the interest of morals or of the law and order requires an ordinance indicating otherwise. A notice of at least three clear days of the date and place of hearing must be given by the secretary of the Committee to the representative and, if necessary, with his prosecutor. This notice must be meant in accordance with the rules of the Code of civil procedure. Validly informed of its disciplinary hearing, the representative has the obligation to present itself to it. Thus, the Committee can carry out hearing even in its absence.

The burden of proof rests with the complainant. Each party may call witnesses.

Any representative against whom a complaint has been filed is entitled to full and complete defence. He/she may choose to be represented by counsel.

After the hearing, the Disciplinary Committee puts down its decision as regards guilt in writing and explains the grounds. If the representative is found guilty, he/she will receive another notice of hearing that sets the date of the representations on sanction.

The Committee may impose one or more of the following sanctions for each count the respondent is charged with:

• reprimand;
• temporary striking off the roll;
• permanent striking off the roll;
• fine (minimum 2000 $, maximum 50,000 $);
• obligation that the representative returns to his client the money that he kept on his behalf.

It may also recommend to the Board of Directors of the Chambre to obligate the representative to take pertinent training.

There is appeal before the Court of Quebec in the 30 days following the decision of the Disciplinary Committee. Note however that the appeal will not suspend the contested decision, unless a judge of the Court of Quebec or, as the case may be, the Commission decides otherwise (section 381 of the Act). Sanctions are therefore applicable as soon as the decision is served on the representative.