Deadlines and increased fines

Violation of the Medical Act

The Collège des médecins may institute criminal proceedings before the Court of Quebec against anyone who has illegally practiced medicine or used the title of physician.

However, it is the courts, not the CMQ, that determine whether an offence has been committed. If so, appropriate penalties will be imposed.

There are two ways to contravene the Medical Act with respect to illegal practice:

• Engage in medical activities without holding a permit from the Collège des médecins;
• Use the title of physician, which is a reserved title, or claim to be qualified to practice medicine, which is an exclusive profession.

It is not necessary to assume a professional title to contravene the Act, it is enough for the person to suggest that they are authorized to practice medicine.

• A physician may not delegate to another professional the performance of activities reserved to them pursuant to section 31 of the Medical Act. Only active members on the Roll of the Order are authorized to practice medicine, for they meet all the requirements.
• Inactive members, even if they are entered on the Roll of the Order, may not engage in the activities provided for in section 31 of the Medical Act.

Deadline

The limitation period for filing charges for illegal practice or for usurpation of the title of physician is 3 years from the date of knowledge of the offence by the prosecutor (i.e., the CMQ). The secretary of the CMQ certifies receipt of the report by issuing a certificate.

Legal proceedings may not be instituted if 7 years have passed since the date of the offence.

Note that the certificate issued by the secretary of the CMQ attesting to the date of knowledge of the offence by the CMQ constitutes, in the absence of evidence to the contrary, sufficient evidence of the fact.

Fines

The fines provided for in the Professional Code for a person who contravenes the Act range from $2,500 to $62,500. In the case of a company, for example, the fine is no less than $5,000 and no more than $125,000. In the event of a repeat offence, the minimum and maximum fines are doubled.

List of criminal hearings

The CMQ publishes information on its website about people who have been accused of the illegal practice of medicine since 2005.

The table lists the names of the accused, the date of the judgement or decision and the fines imposed.