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Code of ethics

PARTICULAR TO ARBITRATORS OF ORGANIZATIONS AUTHORIZED BY THE RÉGIE DU BÂTIMENT TO MANAGE THE ARBITRATION IN ACCORDANCE WITH THE REGULATION RESPECTING THE GUARANTEE PLAN FOR NEW RESIDENTIAL BUILDINGS

Section 1 - Definitions

Article 1 - In the present code, unless the context indicated a different meaning, the following expression and terms mean:

  1. “regulation”: the Regulation respecting the guarantee plan for new residential buildings;
  2. “code”: the present code;
  3. “parties”: means a beneficiary, a contractor or a manager as per the Regulation respecting the guarantee plan for new residential buildings.

Section 2 - General Qualifications

Article 2 - Honesty, integrity, impartiality, a general knowledge in terms of guarantee plan and a training in law or a professional training in the fields related to questions raised by arbitration are essential qualities required from any arbitrator.

Article 3 - The arbitrator must act in an impartial and objective manner. He must be free of any tie towards the partie).

Article 4 - An arbitrator who, in one of its decisions, compromises himself with the purpose of insuring future nominations and mandates by one of the parties, derogates from the professional code of ethics.

Section 3 - Particular Qualifications

Article 5 - When an arbitrator notices, before or during the course of the enquiry, that the point of contention exceeds his competence, he can either recuse himself or, with the permission of the parties, obtain the appropriate technical help which he needs.

Section 4 - Safekeeping of the integrity of the function

Article 6 - The arbitrator must act with dignity, maintain the integrity of his function and demonstrate necessary reserve.

Article 7 - The arbitrator must take all necessary measures to maintain his professional competency.

Article 8 - The arbitrator cannot solicit arbitration mandates.

Section 5 - Conflict of interest

Article 9 - The arbitrator must abstain from being engaged in an activity or participating in a situation which would compromise the useful exercise of his functions or would constitute a recurring motive for challenge.

Article 10 - The arbitrator cannot act as attorney, representative or expert on behalf of a party, before an organization charged with the application of the Regulation respecting the guarantee plan for new residential buildings.

Article 11 - Before accepting his appointment, the arbitrator must denounce any conflict of interests that he may have and refuse his appointment.

The arbitrator who ignored a situation or a special circumstance which would normally have required that he denounce the conflict of interest, must as soon as he is made aware of this conflict, recuse himself.

Constitute a conflict of interests the fact of having acted as an attorney, representative, expert, adviser, administrator or employee of a party involved in the dispute, during the last 24 months, or having an interest of pecuniary order in the dispute.

Article 12 - The arbitrator must also denounce to the parties any situation which creates a reasonable fear of partiality. After such a denunciation, the arbitrator may accept, pursue or execute his mandate as arbitrator.

Section 6 - application of code

Article 13 - In the case of a complaint made pursuant to the present code, the organization can request the opinion of the Ethics Committee, which is formed by a representative of each of the arbitration organizations, by a representative of the Régie du Bâtiment and a person who acts as an expert in ethics matters.

The Régie can also seize the Committee of a question relating to the application of the present code.

Article 14 - When he is seized with a complaint, the arbitration organization may require of anyone the information which he deems necessary to rule on the legitimacy of the complaint.

After this enquiry, the arbitration organization must give the arbitrator the opportunity to be heard and, if necessary, determines the appropriate sanction.