1. DEFINITIONS
In the present policy, unless the context indicates otherwise, the following terms have the following meanings:
1.1 « Commission d’accréditation »
Designates the commission created under this name by the FQAS. It consists of experienced scuba diving instructors and its task includes ensuring the appropriate application of the Regulation on the qualification of recreational scuba diving (L.R.Q., c. S-3.1, a. 46.15) in addition to carrying out any mandate that may be assigned from time to time by the FQAS.The Commission on Accreditation is a permanent commission. It reports to the FQAS Board of Directors and is an advisory body on safety matters.
1.2 "Independent Reviewer"
- Any member of the Accreditation Commission is an independent examiner.
- In the context of Article 4.6, an independent reviewer may immediately suspend all or part of the functions delegated to an agent.
- The Independent Reviewer may, among other things, visit any agent to verify and monitor the application of the Regulation for the Qualification of Recreational Subaquatic Divers. Where appropriate, the Independent Reviewer may file a complaint against an agent in accordance with the requirements of Article 4.1.
Other functions delegated to the independent reviewer are specifically listed in the contract specific to this type of FQAS agent.
1.3 "Agent"
- A member of the FQAS to whom the Federation has delegated functions that may allow him or her, among other things, to administer qualification examinations and to issue certificates of qualification and attestations of equivalence in recreational scuba diving within the context of the Act respecting safety in sports (L.R.Q., ch. S-3.1). The delegated functions are specifically listed within the contract specific to the agent concerned.
2. LA COMMISSION D’ACCRÉDITATION
2.1 Le rôle de la commission d’accréditation
- The Commission on Accreditation Is a commission that aims to provide the FQAS Board of Directors with expertise in the teaching and practice of safe recreational scuba diving.
2.2 Mandat de la commission d’accréditation
La commission d’accréditation peut :
- Réviser, s’il y a lieu, les normes de qualification des plongeurs et des instructeurs prévues dans les règlements afin d’assurer que la plongée récréative soit pratiquée de façon sécuritaire et faire les recommandations appropriées au conseil d’administration de Québec Subaquatique.
- Prepare and recommend the evaluation grids and theoretical examinations for the qualification examinations and periodically revise these evaluation tools.
- Recommend to the FQAS Board of Directors means of dissemination to inform the public in general and the diving community in particular of the existence of the applicable regulations and the qualification mechanisms provided for in the regulation.
- Train the agents for the qualification examinations.
- Set up and run a verification and monitoring mechanism for the application of the regulations, particularly via independent examiners.
- Follow up on complaints and reports from independent examiners.
- Set up and operate a system for the issuance of certificates of qualification and attestations of equivalence, including routine checks for the renewals.
- Receive and register complaints against an agent.
- Receive and process requests for review of decisions made by an agent in the course of carrying out his or her delegated functions.
- Collect and record the accident reports that are transmitted to the FQAS.
- Conduct internal investigations for accidents that occur in the practice of recreational scuba diving in Quebec and make appropriate recommendations to the Board of Directors of the FQAS.
- Recommend to the FQAS to give one of its agents a specific and restricted mandate so that this agent can notably:
- Act as an independent examiner in a given setting;
- Evaluate a candidate in a given specific situation;
- Issue a certificate of qualification, issue an attestation of equivalence or carry out the usual verifications for a renewal request in a given specific situation;
- Review the decision rendered by an agent following a request for review filed by a scuba diver.
- Carry out any mandate assigned by the FQAS Board of Directors.
COMPOSITION OF THE COMMISSION ON ACCREDITATION
3.1 THE MEMBERS
- The number of members of the Commission on Accreditation as well as the duration of their mandate are left to the discretion of the FQAS Board of Directors.
3.2. CHIEF COMMISSIONER AND CHAIR OF THE COMMISSION
- The Chief Commissioner is an expert in recreational scuba diving training and education. He is chosen by the FQAS Board of Directors and must be one of its members. He is responsible for the operations of the Commission on Accreditation.
- When he or she loses his or her status as a member of the FQAS board of directors, the chief commissioner then becomes the accreditation commissioner as specified in article 3.3 below.
3.3. ACCREDITATION COMMISSIONERS
- The commissioners are experts in recreational scuba diving training and teaching. They are approved by the FQAS Board of Directors based on their experience, the quality of their teaching and their credibility in the scuba diving community. Most of them are instructor trainers.
3.4. RESOURCE PERSONS
- The Commission on Accreditation may appoint resource persons to assist in the performance of its duties. These resource persons are individuals who, because of their experience, professional activities or other, can give opinions in order to facilitate the work of the Commission on Accreditation in the application of recreational scuba diving regulations. These resource persons have no decision-making authority.
3.5. THE CLERK OF THE COMMISSION
- The Clerk of the Commission on Accreditation is the person responsible for the secretariat. He or she is appointed by the Commission on Accreditation.
3.6. QUORUM
- Any recommendation made to the FQAS Board of Directors and any decision made by the Commission on Accreditation with respect to an agent must be made by a committee of at least (3) of its members. The members of the aforementioned committee are designated by the Chief Commissioner and President of the Commission according to the type of file concerned or, if this is impossible, by the accreditation commissioner designated by the FQAS Board of Directors.
4. COMPLAINT MANAGEMENT
4.1 A complaint against an Agent must be submitted by any complainant, in writing, within 90 days of the facts of the case. All complaints must include each of the information requested on the complaint form attached as Appendix A to this policy. The Commission on Accreditation reserves the right to receive and rule on a complaint transmitted beyond this period, if it deems it necessary in view of the gravity of the circumstances.
4.2 Upon receipt of such a complaint concerning a representative, the clerk of the Commission on Accreditation shall send the complainant an acknowledgement of receipt as soon as possible. If necessary, he or she shall request additional information from the complainant.
4.3 The Commission on Accreditation shall determine the admissibility of the complaint and inform the complainant. When it is deemed admissible, a copy of the complaint is sent to the agent concerned.
4.4 The Commission on Accreditation shall determine the admissibility of the complaint and inform the complainant. When it is deemed admissible, a copy of the complaint is sent to the agent concerned. 4.4 Subject to Article 4.6, the Commission on Accreditation shall, prior to rendering a decision, hold a hearing to which the Agent and the Complainant shall be invited. Depending on the need, the hearing may be held at any specified location in Quebec or by telephone conference. The decision shall be made by the Commission on Accreditation within thirty (30) days of the hearing and shall be transmitted in writing to the agent and the complainant as soon as possible. When a complaint report is received from an independent reviewer who is a member of the Commission on Accreditation, that reviewer does not sit or participate in the decision-making process of the Commission on Accreditation.
4.5 When making a decision, the Commission on Accreditation may, among other things:
- Suspend some or all of the duties delegated to the agent as listed in its contract for the period and duration it determines;
- Require the agent to complete any specified training within the time period it specifies;
- Require the agent to comply with his or her commitments within a specific time frame;
- Expel or suspend the agent as a member of the FQAS;
- Terminate the agent's contract;
- To make any other decision that will enhance the safety of scuba divers.
Any decision by the Commission on Accreditation may contain concurrent sanctions.
4.6 Where there are reasonable grounds to believe that the safety of persons engaged in scuba diving has been or may be jeopardized, the Commission on Accreditation or an independent reviewer may immediately suspend any or all of the functions delegated to the agent upon written notice.Such written notice shall be forwarded promptly to the Commission on Accreditation by the independent reviewer in addition to the complaint report. Such suspension shall be for an initial period of thirty (30) days. During this thirty (30) day period, the Commission on Accreditation shall allow the agent and the complainant to be heard. Such hearing shall be in accordance with the requirements of Articles 4.4 and 4.5 above.
4.7 The Commission on Accreditation may extend any suspension under section 4.6 for a reasonable period of time to allow it to make an appropriate decision. The Commission shall give written notice to the Agent and the complainant.
4.8. The decision of the Commission on Accreditation may be appealed to the FQAS Board of Directors.
La décision de la Commission d’accréditation est contraignante nonobstant un appel.
5. APPEAL PROCEDURE
5.1 The decision of the Commission on Accreditation shall be appealed upon submission of a written request to the Clerk of the Commission on Accreditation by the agent or complainant within fifteen (15) days of the decision date. An acknowledgement of receipt shall be sent to the appellant and a copy of the request shall be sent to the other party as soon as possible.
5.2 The request for appeal shall contain, in addition to the designation of the parties, an indication of the members of the Commission on Accreditation who participated in the decision and the date on which the decision was rendered. It must contain a summary of the grounds of appeal in a clear and understandable manner and set out the main points that the appellant believes are erroneous, as well as the arguments in support of its claims.
5.3 The appeal is heard by a committee determined by the FQAS Board of Directors, consisting of at least three (3) of its members.
5.4 The Committee must, before rendering a decision, summon the parties so that they may be heard. Depending on the needs, the hearing may take place at any location in Quebec or be held by telephone conference.
5.5 The Committee must render its written decision within thirty (30) days of the hearing and forward it to the parties as soon as possible. The committee may affirm, overrule or substitute any decision of the Commission on Accreditation that it deems appropriate. The decision of the committee is final and not subject to appeal.
6. COMMUNICATION OF DECISIONS
6.1 As stipulated in its contract, the Agent agrees that the FQAS may communicate any decision affecting its status as an Agent to the certification agency or agencies of which it may be a member. Such disclosure shall not be made until any time limit for appeal has expired or, where applicable, until a decision is rendered on appeal.
7. DATE OF APPLICATION
- This policy comes into effect on the date of signature of the contract and has the effect of repealing and replacing the document entitled: Mandate of the Commission on Accreditation adopted by the FQAS in September 2005.