Section 59.1 Of The Professional Code: Stricter Sanctions And Management Of Proceedings

On June 8, 2017 some significant amendments to the Professional Code¹ (the "Code") came into force. Among them were amendments to section 156 increasing the severity of penalties for offences of a sexual nature targeted by section 59.1 of the Code or similar provisions in the various codes of ethics of Quebec's professional orders. The primary purpose of these amendments is to sanction sexual misconduct and restore public confidence in professional orders and professionals themselves.

Scope of section 59.1

While drafted in fairly broad terms, section 59.1 of the Code does have some limits. It is aimed at situations where a professional has committed an act derogatory to the dignity of the profession vis-à-vis "a person to whom he is providing services". The person in question here corresponds to a client or even a secondary client. The case law recognizes that the concept of a client must be given a broad interpretation². In this context, "secondary client"