Signature of a lease

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If you are a tenant or a subtenant of one of your places of practice with no written agreement with the landlord or the tenant, you must sign with the landlord or the tenant concerned an agreement that respects ethical standards. Indeed, since December 4, 2008, the Code of Ethics of Physicians obliges physicians as well as partnerships or companies of physicians occupying a building or a space for their professional practice to have a written lease attesting to its compliance with the Code of Ethics, as well as a clause authorizing release of the agreement to the Collège.

The ethical standards with respect to leases appear in sections 8, 72 al.3, 73 (3) and 73.1 of the Code:

" 8. A physician's duties and obligations under the Medical Act (R.S.Q., c. M-9), the Professional Code (R.S.Q., c. C-26) and their regulations are in no way changed or reduced by the fact that he practises the profession within a partnership or join-stock company.

A physician must ensure that the persons he employs or with whom he is associated in the practice of his profession comply with this Act, this Code and those regulations.

72. […] Any agreement entered into by the physician or a partnership or join-stock company of which he is a partner or shareholder regarding the enjoyment of a building or a space for practice of the medical profession, must be entirely recorded in writing and include a statement from the physician that the obligations arising from the agreement comply with the provisions of the Code and a clause authorizing release of the agreement to the Collège des médecins upon its request.

73. A physician must refrain: […] 

(3)    from accepting, in his capacity as a physician or by using his title of physician, any commission, rebate or material benefit with the exception of customary presents and gifts of modest value.

73.1.  Specifically constituting a material advantage as contemplated by paragraph 3 of section 73 is the enjoyment of a building or a space at no charge or at a discount for the practice of the medical profession granted to a physician or to a partnership or join-stock company of which he is a partner or shareholder by:

  (1)    a pharmacist or a partnership or join-stock company of which the pharmacist is a partner or shareholder; 
  (2)    a person whose activities are linked, directly or indirectly, to the practice of pharmacy;
  (3)    another person in a context that may present a conflict of interests, whether real or only apparent.

Whether a rent is fair and reasonable is determined as a function of local socio-economic conditions at the time it is fixed."

For further information, read these documents:

Points for physicians to consider before signing a lease

- Addendum - Signature of a lease

AGREEMENT 

Do not hesitate to contact the Inquiries Division of the Collège if you are unsure of your agreement or want to write one.
Information: 514-933-4131.

Last update: May 3, 2016