© Éditeur officiel du Québec
Updated to 1 September 2014
This document has official status.


chapter C-48, r. 10

Regulation respecting elections to the board of directors of the Ordre des comptables agréés du Québec

Chartered Accountants Act
 (chapter C-48, s. 3)

Professional Code
 (chapter C-26, s. 93 par. b)

  Implicitly revoked, 2012, chapter 11, s. 31.

DIVISION  I
INTERPRETATION AND SCOPE

1.  In this Regulation, the word “region” means one of the regions within the meaning of the Regulation dividing the territory of Québec into regions for the purposes of elections to the board of directors of the Ordre des comptables agréés du Québec (chapter C-48, r. 19).

O.C. 1049-91, s. 1.

2.  Articles 6 and 7 of the Code of Civil Procedure (chapter C-25) respecting non-juridical days apply to this Regulation.

O.C. 1049-91, s. 2.

3.  This Regulation applies, with the necessary modifications, to an election held pursuant to section 63 of the Professional Code (chapter C-26).

O.C. 1049-91, s. 3.

4.  The word “secretary” means the secretary general of the Ordre des comptables agréés du Québec.

O.C. 1049-91, s. 4.

DIVISION  II
DUTIES OF THE SECRETARY AND DESIGNATION OF THE SCRUTINEERS

5.  The secretary shall be responsible for the administration of this Regulation; in particular, he shall supervise the holding of the vote and shall appoint the personnel required.

O.C. 1049-91, s. 5.

6.  Where, between the sixtieth day preceding the date of closing of the poll and the tenth day following that date, the secretary is unable to act owing to absence or illness or refuses to act, or where he is a candidate for the election, he shall be replaced by the person designated by the executive committee. That person, duly sworn, shall exercise all the rights and assume all the obligations of the secretary he replaces.

O.C. 1049-91, s. 6.

7.  The board of directors shall designate 5 scrutineers from among the members of the board of directors who are not candidates for the election, and from among the members of the Order who are not employees of the latter.

O.C. 1049-91, s. 7.

DIVISION  III
CLOSING OF POLLS AND DATE OF THE ELECTION

8.  The polls shall close on the last Monday of the month of May each year, at 5:00 p.m. The date of the election shall be the same as the date of the counting of the votes.

O.C. 1049-91, s. 8.

9.  The date of the election of the elected directors and of the president, where the latter is elected by a general vote of the members of the Order, shall be fixed at the opening of the annual general meeting.

Where the president is elected by a vote of the elected directors, his election shall take place immediately after that of the elected directors, at a meeting of the board of directors held immediately after the annual general meeting. The board of directors shall be called for that purpose by the secretary by means of a notice in writing sent at last 5 days before the date of the meeting. The notice shall indicate the purpose, place and time of the meeting.

O.C. 1049-91, s. 9.

DIVISION  IV
DATE AND TIME OF THE TAKING OF OFFICE OF THE PRESIDENT AND THE ELECTED DIRECTORS

10.  The elected directors of the Order shall take office at the closing of the annual general meeting and the president, where elected by a general vote of the members of the Order, shall take office during that same annual general meeting.

Where the president is elected by a vote of the elected directors, he shall take office at the meeting of the board of directors following the annual general meeting.

The candidate elected unanimously shall take office at the closing of the annual general meeting.

O.C. 1049-91, s. 10.

DIVISION  V
TERMS OF OFFICE

11.  The president shall be elected for a 1-year term.

O.C. 1049-91, s. 11.

12.  The directors shall be elected for a 2-year term.

O.C. 1049-91, s. 12.

DIVISION  VI
PROCEDURES PRECEDING THE VOTE

13.  Between the sixtieth and the forty-fifth day preceding the closing of the poll, the secretary shall send to each member of the region where a director is to be elected, a notice indicating the date of the closing of the poll and the conditions required to be candidate and vote in accordance with the Professional Code (chapter C-26), as well as a nomination paper similar to that in Schedule I.

O.C. 1049-91, s. 13.

14.  Where the election of the president is held by a general vote of the members, the secretary shall send to each member the notice described in section 13 as well as a nomination paper similar to that in Schedule II.

O.C. 1049-91, s. 14.

15.  Only candidates having their professional domicile in the region shall be validly nominated for the office of director.

O.C. 1049-91, s. 15.

16.  The nomination paper of a candidate must be similar to that in Schedule I or Schedule II, as applicable, and signed by the candidate.

The ballot paper must also be signed by 5 members of the Order who, in the case of election to an office of director in a given region, must have their professional domicile in that region.

O.C. 1049-91, s. 16.

17.  The secretary shall accept immediately any nomination paper that is complete and is received by him not less than 30 days before the date fixed for closing the poll. He shall then issue to the candidate an acknowledgment of receipt similar to that in Schedule III as evidence of the candidacy. The time limit for accepting nomination papers, on the last day when they may be accepted by the secretary, shall be 5:00 p.m.

O.C. 1049-91, s. 17.

18.  In addition to the documents prescribed by section 69 of the Professional Code (chapter C-26), the secretary shall send the following documents to each member entitled to vote in the regions where a director is to be elected:

  (1)    a brief curriculum vitae prepared by each candidate running for the office of director in that region, where such candidate has attached to his nomination paper a curriculum vitae on a page measuring not more than 22 cm by 28 cm in the language of his choice. The curriculum vitae must mention only the year of admission, his occupation and those activities he wishes to indicate, within the Order, other provincial institutes of chartered accountants, the Canadian Institute of Chartered Accountants, or other community organizations;

  (2)    a notice similar to that in Schedule IV informing the elector about the method of voting and using the envelopes, and indicating the time by which the envelopes must be received at the office of the Order.

Where the election of the president is held by a general vote of the members of the Order, the secretary shall send to all the members of the Order entitled to vote a brief curriculum vitae prepared by each candidate running for the office of president, where such candidate has attached to his nomination paper a curriculum vitae on a page measuring not more than 22 cm by 28 cm. The curriculum vitae must mention only the year of admission, his occupation and those activities he wishes to indicate, within the Order, other provincial institutes of chartered accountants, the Canadian Institute of Chartered Accountants and other community organizations.

O.C. 1049-91, s. 18.

19.  Ballot papers for the office of director, certified by the secretary, must be similar to that in Schedule VI. They must provide the following particulars:

  (1)    the year of the election;

  (2)    identification of the region;

  (3)    the names in full of the candidates in alphabetical order of surnames;

  (4)    the number of positions to be filled in the region.

Ballot papers may be certified by a facsimile of the secretary's signature.

O.C. 1049-91, s. 19.

20.  Ballot papers for the office of president certified by the secretary must be similar to that in Schedule V. They must provide the following particulars:

  (1)    the year of the election;

  (2)    the names in full of the candidates in alphabetical order of surnames.

Ballot papers may be certified by a facsimile of the secretary's signature.

O.C. 1049-91, s. 20.

21.  The secretary shall issue a new ballot paper to a member who has damaged, spoiled, erased or lost his ballot paper or who did not receive one, and who so declares using a form of oath to that in Schedule VII.

O.C. 1049-91, s. 21.

DIVISION  VII
VOTING

22.  A member shall vote in the region in which he has his professional domicile for the candidates of that region. He shall also vote for a candidate for the office of president, where the latter is elected by a general vote of the members.

O.C. 1049-91, s. 22.

23.  After voting, a member shall insert his ballot paper into the corresponding inner envelope. He shall seal the inner envelope and insert it in the stamped outer envelope, which he shall also seal and send to the secretary.

O.C. 1049-91, s. 23.

24.  Upon receipt of the outer envelopes arriving before the closing of the poll, the secretary shall deposit them, without opening them, in a sealed ballot box.

O.C. 1049-91, s. 24.

DIVISION  VIII
PROCEEDINGS FOLLOWING VOTING

25.  At the time fixed for the closing of the poll, the secretary shall affix the last seals on the ballot boxes where the counting of the votes is not carried out immediately after the closing of the poll.

O.C. 1049-91, s. 25.

26.  The secretary and the scrutineers shall take the oath in a form similar to that in Schedule VIII.

O.C. 1049-91, s. 26.

27.  After the closing of the poll and not later than the tenth day following that date, the secretary shall count the votes at the head office of the Order in the presence of the scrutineers.

The scrutineers shall be called by the secretary for that purpose, by means of a notice in writing sent not less than 3 days before the date fixed for the counting of the votes.

O.C. 1049-91, s. 27.

28.  The secretary shall reject without opening any outer envelopes he considers do not meet the requirements of this Regulation or of the Act, or that come from persons who were not members of the Order on the forty-fifth day before the date fixed for the closing of the poll.

O.C. 1049-91, s. 28.

29.  Where several outer envelopes reach the secretary from the same elector for an election to the same office, he shall accept only the first envelope received and reject the others.

O.C. 1049-91, s. 29.

30.  The secretary shall open each of the outer envelopes considered to meet the requirements and shall take out the inner envelope on which are written the words “BALLOT PAPER-DIRECTOR” and the name of the Order and, where applicable, that on which are written the words “BALLOT PAPER-PRESIDENT” and the name of the Order. The secretary shall reject without opening them, any inner envelopes bearing any identification of the elector and any ballot papers not inserted in inner envelopes. He shall then dispose of, by destroying them, the outer envelopes so as to avoid that they may be associated with the inner envelopes or their content.

O.C. 1049-91, s. 30.

31.  After examining all the inner envelopes, the secretary shall open those that meet the requirements and shall take out the ballot papers.

He shall reject any ballot paper:

  (1)    that contains more marks than the number of positions to be filled;

  (2)    that is not certified by the secretary or was not provided by him;

  (3)    that bears any mark allowing the elector to be identified;

  (4)    that is marked elsewhere than in the square or squares reserved for voting;

  (5)    that has not been marked;

  (6)    on which the voter cast his vote otherwise than as prescribed by section 71 of the Professional Code (chapter C-26);

  (7)    that is damaged, spoiled or erased.

O.C. 1049-91, s. 31.

32.  No ballot paper may be rejected solely because the mark made in a square goes beyond the square reserved for voting.

O.C. 1049-91, s. 32.

33.  The secretary shall consider any objection made on the subject of the validity of a ballot paper and shall give a ruling immediately. The decision shall be final and without appeal.

O.C. 1049-91, s. 33.

34.  After counting the ballot papers, the secretary shall draw up over his signature a statement of the poll for the election of directors and, where applicable, for the election of a president.

In the case of a tie-vote, the secretary shall immediately draw lots to determine which of the candidates has been elected.

O.C. 1049-91, s. 34.

35.  When the candidates have been declared elected, the secretary shall dispose of the valid ballot papers, the rejected ballot papers and all rejected envelopes placed in boxes that shall be kept for a period of one year, after which time the secretary may dispose of them.

O.C. 1049-91, s. 35.

36.  The secretary shall send a copy of the statement of the poll to each candidate.

O.C. 1049-91, s. 36.

DIVISION  IX
FINAL

37.    (Omitted).

O.C. 1049-91, s. 37.

38.    (Omitted).

O.C. 1049-91, s. 38.

SCHEDULE  I

(s. 13)

NOMINATION PAPER FOR ELECTION OF A DIRECTOR IN THE ______________________________ REGION

We, the undersigned, members in good standing of the Ordre des comptables agréés du Québec, having our professional domicile in the region of ______________________________, nominate as a candidate for the forthcoming election in that region, ______________________________ (name) ______________________________(address).


 _________________________________________________________________________________
|                   |            |                    |          |                |
|   Full name of    |   Permit   |   Address of his   |   Date   |   Signature    |
|       member      |   number   |    professional    |          |   of member    |
|                   |            |     domicile       |          |                |
|                   |            |                    |          |                |
|___________________|____________|____________________|__________|________________|
|                   |            |                    |          |                |
|___________________|____________|____________________|__________|________________|
|                   |            |                    |          |                |
|___________________|____________|____________________|__________|________________|
|                   |            |                    |          |                |
|___________________|____________|____________________|__________|________________|
|                   |            |                    |          |                |
|___________________|____________|____________________|__________|________________|
|                   |            |                    |          |                |
|___________________|____________|____________________|__________|________________|
 

I, ______________________________, having my professional domicile in the region of ______________________________, nominated in the above nomination paper, agree to be a candidate for the office of director for that region.

Enclosed is:

  -  my curriculum vitae (on one page measuring not more than 22 cm by 28 cm);

In witness whereof, I have signed at ______________________________, this __________ day of ______________________________

                                                                                ___________________________________________

                                                                                                                      Signature

O.C. 1049-91, Sch. I.

SCHEDULE  II

(s. 14)

NOMINATION PAPER FOR ELECTION OF A PRESIDENT

We, the undersigned, members in good standing of the Ordre des comptables agréés du Québec, nominate as a candidate for the forthcoming election of the president of the Order:

(name) ____________________________________________________________________________

(address) __________________________________________________________________________ .


 _________________________________________________________________________________
|                        |                   |          |                         |
|  Full name of member   |   Permit number   |   Date   |   Signature of member   |
|________________________|___________________|__________|_________________________|
|                        |                   |          |                         |
|________________________|___________________|__________|_________________________|
|                        |                   |          |                         |
|________________________|___________________|__________|_________________________|
|                        |                   |          |                         |
|________________________|___________________|__________|_________________________|
|                        |                   |          |                         |
|________________________|___________________|__________|_________________________|
|                        |                   |          |                         |
|________________________|___________________|__________|_________________________|

I, ______________________________, nominated in the above nomination paper, agree to be a candidate for the office of president of the Ordre des comptables agréés du Québec.

Enclosed is:

  -  my curriculum vitae (on one page measuring not more than 22 cm by 28 cm).

In witness whereof, I have signed at ______________________________, this __________ day of ______________________________

                                                                                ___________________________________________

                                                                                                                      Signature

O.C. 1049-91, Sch. II.

SCHEDULE  III

(s. 17)

ACKNOWLEDGMENT OF RECEIPT OF NOMINATION PAPERS FOR THE OFFICE OF DIRECTOR OR PRESIDENT OF THE ORDRE DES COMPTABLES AGRÉÉS DU QUÉBEC

(Date) ____________________________________________________________________________

Mr., Mrs., Miss







Dear Sir or Madam:

I acknowledge receipt of your nomination paper for election to the office of ______________________________of the Ordre des comptables agréés du Québec.

The poll shall close at 5:00 p.m., on ______________________________ (date). The counting of the votes shall take place at __________ o'clock, on ______________________________ (date).

                                                                                    _________________________________________

                                                                                                                      Secretary

O.C. 1049-91, Sch. III.

SCHEDULE  IV

(s. 18)

NOTICE INFORMING ELECTORS:

  -  ON THE METHOD OF VOTING AND USING THE ENVELOPES;

  -  OF THE TIME LIMIT WITHIN WHICH THE ENVELOPES MUST BE RECEIVED BY THE ORDER

(Date) ____________________________________________________________________________

TO ALL MEMBERS OF THE ORDRE DES COMPTABLES AGRÉÉS DU QUÉBEC

Dear Sir or Madam:

As mentioned in section 18 of the Regulation respecting elections to the board of directors of the Ordre des comptables agréés du Québec (chapter C-48, r. 10), you will find enclosed the curriculum vitae of each candidate for the office of ______________________________ of the Order, the ballot paper and the envelopes required for the election.

After voting, insert your ballot paper into the envelope identified for the purpose, either “BALLOT PAPER-DIRECTOR” or “BALLOT PAPER-PRESIDENT”. Then place the envelope or envelopes inside the stamped envelope identified as “Election”, and finally, sign that last envelope at the place reserved for that purpose.

It is very important:

  -  to seal all your envelopes, since otherwise your envelopes will be rejected;

  -  to enclose only your ballot papers in the envelopes.

We remind you that the poll closes at 5 p.m., on ______________________________ (date).

The counting of the votes shall take place at __________ o'clock, on ______________________________ (date).

                                                                                _________________________________________

                                                                                                                   Secretary

O.C. 1049-91, Sch. IV.

SCHEDULE  V

(s. 20)

BALLOT PAPER FOR THE OFFICE OF PRESIDENT

BALLOT PAPER

Year: 20__________

Candidates nominated for the office of PRESIDENT

______________________________________________________________________________     

______________________________________________________________________________     

______________________________________________________________________________     

______________________________________________________________________________

                              Secretary

O.C. 1049-91, Sch. V.

SCHEDULE  VI

(s. 19)

BALLOT PAPER FOR THE OFFICE OF DIRECTOR OF THE ______________________________ REGION

BALLOT PAPER

Year: 20__________                      Region: _________________________________________________

Number of seats to be filled in the region: _________________________________________________

Candidates nominated for the office of DIRECTOR

______________________________________________________________________________     

______________________________________________________________________________     

______________________________________________________________________________     

Closing of poll: at __________ o'clock, on ______________________________ (date).

________________________________________

                              Secretary

O.C. 1049-91, Sch. VI.

SCHEDULE  VII

(s. 21)

OATH CERTIFYING THAT A BALLOT PAPER WAS DAMAGED, SPOILED OR NOT RECEIVED

(Date) _____________________________________________________________________________,

I, the undersigned, ______________________________, a member in good standing of the Ordre des comptables agréés du Québec, swear that I __________(damaged, spoiled, lost, or did not receive)__________ a ballot paper for the election for the office of __________ (president or director)__________ of the Ordre des comptables agréés du Québec and that another ballot paper was issued to me by the secretary of the Order.

In witness whereof, I have signed at ______________________________ this __________ day of ______________________________ 20__________.

_______________________________ or (as the case may be) _______________________________

            Signature of member                                                                     Signature of member

Sworn before me, at ______________________________, this __________ day of ______________________________ 20_____

                                                                      ______________________________________________

                                                                      Commissioner for oaths for the judicial

                                                                      district of ______________________________________

__________________________________________________

                               Signature of secretary

O.C. 1049-91, Sch. VII.

SCHEDULE  VIII

(s. 26)

OATH OF OFFICE AND DISCRETION OF THE SECRETARY AND THE SCRUTINEERS

I, ______________________________, swear that I will carry out the duties of my office with honesty, impartiality and fairness, and that I will not accept (except for any salary paid to me by the Ordre des comptables agréés du Québec, where applicable), any sum of money or consideration whatever in carrying out the duties of my office, for the purpose of favouring a candidate directly or indirectly.

I further swear that I will not reveal or make known, without authorization by law, the name of the candidate for whom any person voted, if that information comes to my knowledge at the time of the counting of the votes.

In witness whereof, I have signed at ______________________________ this __________ day of ______________________________ 20__________.

_______________________________ or (as the case may be) _______________________________

            Signature of member                                                                     Signature of member

Sworn before me, at ______________________________, this __________ day of ______________________________ 20_____

                                                                      ______________________________________________

                                                                      Commissioner for oaths for the judicial

                                                                      district of ______________________________________

__________________________________________________

                               Signature of secretary

O.C. 1049-91, Sch. VIII.

SCHEDULE  IX

(s. 36)

STATEMENT OF THE POLL

Election to the office of (president or director) of the Ordre des comptables agréés du Québec

Region ____________________________________________________________________________

Number of electors __________________________________________________________________


 ____________________________________________________
|                                         |          |
| Number of valid ballots                 |__________|
|                                         |          | 
| Number of rejected ballots              |__________| 
|                                         |          | 
| Number of outer envelopes rejected      |__________| 
|                                         |          |
| Number of inner envelopes rejected      |__________|
|                                         |          |
|                               TOTAL     |__________|
|                                         |          |
| Number of votes cast for                |__________|
|                                         |          |
| Number of votes cast for                |__________|
|                                         |          |
| Number of votes cast for                |__________|
|                                         |          |
| Number of votes cast for                |          | 
|_________________________________________|__________|

Signature of scrutineers: _______________________________________________________________





Given under my seal, at ____________________, this ______________ day of ____________________ 20__________

    

_________________________________________

                            Signature

Election secretary

O.C. 1049-91, Sch. IX.



REFERENCES
O.C. 1049-91, 1991 G.O. 2, 3212
S.Q. 2008, c. 11, s. 212