Professional Law

Our professionals

See all professionals

    Professional Law

    Our team of professionals has practised professional and disciplinary law since the Professional Code came into force in 1974. Our expertise covers the entire area of practice, including disciplinary law, professional inspections, governance and ethics, inquiries and investigations, unlawful practice of a profession and unauthorized use of reserved titles, as well as representation before administrative tribunals, courts of law and other bodies.

    We support syndics and ad hoc syndics in inquiries and investigations and before the courts. We also offer specific representation services on internal committees of the boards of professional orders and ethics and professional conduct investigation committees.

    We also have robust experience in non-contentious matters, including legal and strategic advice regarding all functions and responsibilities of a professional order and representation in dealings with specialized organizations or departmental authorities. In particular, we can assist organizations with cybersecurity, public relations, human resources, access to information, and privacy and the protection of personal information, as well as any other issue that professional orders and other regulatory bodies may face.

    We can support you in drafting statutes and regulations, and preparing briefs for public consultations by a parliamentary committee of the National Assembly. Our team is also able to assist you in establishing your professional liability insurance fund or other professional liability insurance mechanisms. Lastly, we offer tailor-made legal seminars and training to meet the needs of professional orders.

    As legal counsel for various professional orders, we are in regular contact with the Office des professions regarding professional orders’ internal by-laws and the Québec government department in charge of professional orders and other departmental authorities. As a result, we keep abreast of and actively participate in developments in the law.

    Whatever the service required, our team provides continuous support, critical analysis and advice tailored to your needs.

    Headlines

    Publications
    November 4th, 2024

    Professional inspections: A decision of interest to professional orders
    In Dargis v. Ordre des ingénieurs du Québec, the Superior Court reiterated that being a member of a profession is a privilege, not a right. This privilege is subject to a certain level of competency and the potential of being inspected. This decision describes the professional inspection process under review in this case, discusses the corrective measures imposed, and finds that all applicable legal rules and principles were followed. Other professional orders should take note.
    Read more
    Publications
    September 26th, 2024

    Professionals are directly liable for disclosures of personal patient information, even if they address the situation in good faith
    On October 27, 2023, the Québec College of Physicians’ Disciplinary Council rendered a major decision regarding the minimum threshold professionals must meet to protect the personal information they gain access to in the context of their work. The decision makes it clear that a professional’s lack of familiarity with a cloud platform on which medical information concerning patients is stored does not release them from their duty of professional secrecy and confidentiality. They are still expected to strictly control access to these types of platforms.
    Read more
    Publications
    May 19th, 2023

    Exemption from the requirement to establish a committee on access to information and the protection of personal information – Regulation
    Since September 22, 2022, all public bodies subject to the Act respecting Access to documents held by public bodies and the Protection of personal information (CQLR c. A-2.1) were required to establish a committee on access to information and the protection of personal information (an “AIPPI Committee”) (s. 8.1). The AIPPI Committee’s purpose is to […]
    Read more
    Publications
    January 24th, 2023

    The importance of board chair succession planning: the board chairs of professional bodies are guardians of the legitimacy and credibility of their boards
    Chairing the board of directors (“BOD”) of a professional body (also known as a “professional order” in Quebec) entails much more than just directing its work. Board chairs exercise legal, strategic and political roles and responsibilities. They embody the professional order’s mission and vision. They must exhibit leadership and anticipate change to inspire board members […]
    Read more