OPSI - UNENACTED working proposal

v308 | 2026-10-28T08:18:21+00:00 | Corpus 85

DRAFT TRANSITIONAL GOVERNMENT REGULATION

REGULATION RESPECTING THE INITIAL CONSTITUTION AND ORGANIZATION OF THE FIRST BOARD OF DIRECTORS

I - FIRST BOARD

Section 1 | ART_WJJHXKSK3GB894R0 | Version 7

This initial regulation is made by the Government under the specific enabling power in section 57 of the Act, for the purposes and within the limits of section 56, after consultation of the Office and publication in accordance with that enabling provision and the Regulations Act. Individual appointments remain separate from its adoption.

The first board has eight persons including its president: six directors drawn from the promoter and designated under the special statutory mechanism in section 56 of the Act, and two directors appointed by the Office des professions du Québec under section 78 of the Professional Code.

The promoter’s board records the six directors serving on the reference date by certified resolution and sends their records and any reserve list to the Office. The Office checks identity, written consent, independence, incompatibilities and regional representation, and issues a reasoned recommendation. The Government names those six persons by order in council published in the Gazette officielle du Québec under that special statutory mechanism; neither the promoter nor the future board may appoint itself. Appointment of the other two directors rests separately with the Office under the provision of the Code on those appointments mentioned in the first paragraph. The order in council and acceptance of office precede entry into office and confer no FSP permit.

Only the six eligible regular directors of the nonprofit may be proposed for its founding seats. Observer or associate status alone grants neither a first-board seat nor a professional permit; the Office’s two appointments remain independent. Any future application for admission to the Order is considered solely under the applicable statutory competence requirements.

The first election and assumption of office of the six elected directors must be completed within the one-year maximum in section 56 of the Act. No regulation, registry rollout timetable or administrative postponement extends that deadline.

Section 2 | ART_DLEWVYWAGH0207G5 | Version 6

Before taking office on the Order’s first board, each director from the promoting organization undertakes in writing to leave their positions as director and officer of that organization upon completion of the transfer operations provided for in section 58 of the Act and, in any event, before its transformation into the Fondation de l’Ordre des praticiens en sécurité incendie takes effect.

The cessation of these positions takes place in accordance with the promoting organization’s constituting statute and bylaws.

Section 3 | ART_JRFE85GD19QZD99Q | Version 2

From the date on which its new name and purposes take effect, the Foundation is governed by a board separate from that of the Order.

The Foundation’s successor governance protects donor restrictions, creditors and unassigned contracts. The existing corporation is not automatically dissolved.

Section 4 | ART_AEHA1H1TVJ4H2SR3 | Version 1

The promoting organization arranges for the regular appointment of the directors who will succeed them, in accordance with its internal rules and the law governing it.

The resignations of directors called upon to serve on the Order’s first board are coordinated with their successors taking office to avoid any interruption in the administration of the legal person.

Section 5 | ART_TYUVYVJE7U0JZJY6 | Version 2

Transactions between the Order and the promoting organization remain subject to the authorizations, consents and oversight required by law.

Section 6 | ART_YRFJSR28UFF9UXZE | Version 1

During the period needed to complete the transfer operations, any director simultaneously holding positions within the Order and the promoting organization discloses circumstances that could compromise their independence.

The director recuses themself from deliberations and decisions whenever required by applicable conflict-of-interest rules.

Section 7 | ART_DDPF71USE4TXKYR7 | Version 2

The persons appointed must collectively possess sufficient experience, in particular:

1° in fire safety;

2° in professional governance;

3° in protection of the public;

4° in administration;

5° in regulation;

6° in information systems or protection of information.

Section 8 | ART_E8E6MFL5W0DU3AP8 | Version 2

The Order’s first board is separate from the promoting non-profit’s board of directors; the date it takes office starts the minimum 24-month period before any mandatory documentary activation.

II - INITIAL RESPONSIBILITIES

Section 9 | ART_HU0TN8FY5BGWMU14 | Version 2

The first board exercises only the powers necessary for pressing obligations, immediate public protection, indispensable establishment of the Order’s operations and the election, within section 56 of the Act. It records that necessity and leaves policy choices and commitments that can wait to the elected board.

Section 10 | ART_LZSGM99ZLLWACMYB | Version 6

Within the sole limits of the mandate under section 9, the first board must in particular:

1° promptly identify potentially eligible persons, invite them to apply for membership and arrange their initial admission under the statutory conditions;

2° establish the roll;

3° implement the registry;

4° adopt the initial regulations;

5° establish professional inspection and disciplinary mechanisms;

6° hold the democratic election of the board as soon as reasonably possible and prepare the transition to regular governance;

(7) establish the administrative pre-registry, monthly declarations and procedures for collection of the statutory transitional fee once the required capacity exists; (8) establish and publish a regional plan based on a verifiable census of covered buildings and government-set dates without activating full filings before 24 months have elapsed.

Before granting independent practice rights, it uniformly enforces initial ethics training for ordinary, transitional and equivalency admissions. It permits trust advances only after the financial and regulatory prerequisites in sections 40 and 83 of the Act are satisfied.

Section 11 | ART_TZ0586KLBK9R44CW | Version 2

Decisions made during the initial period remain valid after the regular constitution of the board, subject to amendment in accordance with the Act.

III - END OF THE INITIAL PERIOD

Section 12 | ART_NERPXE3D1SSLS1PY | Version 3

Before constitution, the six promoter directors must collectively reside in at least four different Québec administrative regions, including at least one director outside the Communauté métropolitaine de Montréal. Supporting residence records are kept confidential.

Section 13 | ART_M6CPV9EKYSJZYEX5 | Version 3

The president is chosen by secret ballot from the six promoter directors. The result is minuted and does not create another board seat. The two Office appointees participate with their statutory powers.

Section 14 | ART_XMTKY87NZNFPGJTY | Version 5

Before recommending a promoter-derived person to the Government, the Office examines written consent, full disclosure of interests and incompatibilities, evidence of identity and domicile and all other information needed for integrity and eligibility checks. The Government decides the designation by order in council under section 56 of the Act; the Office does not itself designate those six persons and this Regulation creates no independent exception to sections 66.1 and 76 of the Code. Any disqualification not covered by the express statutory exception precludes designation.

A person without a permit receives none by designation and may not perform reserved acts; that person may separately seek admission based on competencies or experience without arbitrary repetition of schooling. A statutory disqualification not covered by the express exception prevents taking office.

Section 15 | ART_ZE354HZN8TTBHM5W | Version 5

If a promoter-derived seat becomes vacant through refusal, death, resignation, incapacity or ineligibility, the promoter may submit a replacement candidate or its reserve list under its own rules. The Office carries out the individual checks prescribed by sections 1, 12 and 14, verifies the requirements in section 56 of the Act and provides a reasoned recommendation. The Government designates the substitute by a further published order in council, subject to the person’s acceptance and legal requirements; no replacement takes office automatically. Regional diversity is maintained so far as compatible with temporary vacancies, and a vacancy does not invalidate a decision made with a lawful quorum.

The reserve list and appointments within the promoter confer no right to a seat on the Order’s board. Each order in council and Office recommendation is retained in the first board’s administrative records with appropriate protection of personal information. This exceptional procedure depends on enactment of the provision of the constitutive Act cited above.

Section 16 | ART_HTJX1JS5SUPFD2T9 | Version 3

Initial directors, including both Office appointees, undergo training in the professional Order’s role, protection of the public, institutional ethics, conflicts, confidentiality and independence of oversight functions. Training is adapted to non-professional directors.

Section 17 | ART_VCXGW31E0293FA0V | Version 2

Decisions made during the initial period remain valid, subject to amendment in accordance with the law. The Order’s files, assets, contracts, records and obligations continue without interruption.

Section 18 | ART_PAVWN6EDJN0H12S8 | Version 3

The initial governance period ends when the regular board takes office, as soon as reasonably possible and no later than one year after the first board took office under section 56 of the Act. Voting and the necessary steps are organized before that deadline; opening the registry is not a condition of holding the election.

The mandates of the six initial directors deemed elected end on that date, without automatic renewal based on their participation in the promoter organization. The two Office-appointed directors remain subject to the Professional Code rules governing their appointment and replacement.

Eligible individuals may stand under the ordinary rules. The six elected directors include the person subsequently elected president under section 8 of the organization regulation; no additional elected seat is created.

Section 19 | ART_MWTMZH92AHLA7KCW | Version 1

Pursuant to section 76 of the Act, sections 4, 7, 2, 16, 9 of this regulation are repealed when the regular board takes office.

Sections 10, 13, 12, 18, 1 are repealed at the same time.

Sections 14, 6, 15 are repealed at the same time.

The repeal has no retroactive effect and does not erase any file, vested right, payment or earlier act lawfully established.