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27 |
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Fourth
Session, 46th General Assembly 60
Elizabeth II, 2011 |
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AN ACT RESPECTING
FORESTRY PROFESSIONS |
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Received and Read the First Time................................................................................................... |
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Second |
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Committee............................................................................................................................................ |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE SHAWN SKINNER Minister of Natural Resources |
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Ordered
to be printed by the Honourable House of Assembly |
EXPLANATORY NOTES This Bill would
·
establish the Association of
Registered Professional Foresters of Newfoundland and · provide the requirements for registration; · provide for the protection of the titles "registered professional forester", "registered forester", "professional forester" and "forester in training"; and · provide for a disciplinary process. |
A BILL AN ACT RESPECTING FORESTRY PROFESSIONS Analysis 1. Short title 2. Definitions 3. Association established 4. Objects 5. Membership 6. Fees 7. Meetings 8. Council 9. Public appointee 10. Resignation 11. Vacancy 12. Officers and employees 13. Committees 14. Bylaws 15. Members 16. Register 17. Registration 18.
Admissions 19. Delegation and review 20. Professional seals 21. Protection of title 22. Interpretation re discipline provisions 23. Allegation 24. Proceedings against former members 25. Professional conduct committee 26. Investigation 27. Discipline committee 28. Discipline hearing 29. Disciplinary powers 30. Duty to report 31. Suspension 32. Appeal to court 33. Effect of appeal 34. Effect of expulsion or suspension 35. Reinstatement 36. Immunity 37. Offence and penalty 38. Limitation of prosecution 39. Report of termination of employment 40. Annual register 41. Annual report 42. Compliance 43. Service of notices, etc. 44. Regulations 45. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Foresters Act. Definitions 2. In this Act (a) "association"
means the Association of Registered Professional Foresters of Newfoundland and (b) "bylaws"
means the bylaws of the association made under section 14; (c) "council"
means the council of the association; (d) "court"
means the Trial Division; (e) "forest
land" means publicly owned or privately owned forest land; (f) "forester-in-training" means a person who is registered
with the association as a forester-in-training; (g) "member"
means a member of the association; (h) "minister"
means the minister appointed under the Executive
Council Act to administer this Act; (i) "professional forester" means a person who is registered with the association as a professional forester; (j) "professional practice of forestry" means the application
of scientific principles to the management of forest ecosystems including, (i) planning, directing and monitoring sustainable forest management, (ii) designing, specifying or approving methods for, or directing the
undertaking of (A) conservation and reclamation of forests and forest land, (B) evaluation of forests and forest land, (C) classification and inventory of forests and forest land, (D) silvicultural prescriptions and treatments of forests and forest land, including timber harvesting, (E) protection of forests and forest land, (F) planning, locating and approving forest transportation systems including forest roads, (G) teaching forestry subjects at university and technical levels, and (H) research pertaining to the management of forests and forest land; (iii) assessing the impact of planned activities on forests and forest
land, and (iv) providing advice, performing or directing works, services of
undertakings whether or not in return for a fee or remuneration; (k) "register"
means the register kept under section 16; and (l) "registrar" means the registrar appointed under section 12. Association established 3. The Association of Registered Professional Foresters
of Newfoundland and Objects 4. The objects of the association are (a) to
establish and maintain high standards of professional ethics and excellence for
members in the professional practice of forestry; (b) to
assure the general public of the knowledge, skill, proficiency and competency
of members in the professional practice of forestry; (c) to
promote and improve the knowledge, skill, proficiency and competency of members
in all matters relating to the professional practice of forestry; and (d) to
foster the professional practice of forestry by members in a manner that is in
the public interest of the people of the province. Membership 5. The membership of the association consists of
those persons who are admitted as members of the association under this Act, the
regulations and the bylaws. Fees 6. (1) In prescribing the fees payable under
this Act, the council shall, so far as it is practicable, ensure that the
amount of fees is sufficient to enable it to discharge the duties of the association
under this Act. (2) All money received by the association shall be applied by it to its duties under this Act. Meetings 7. (1) An annual meeting of the association shall
be held at the time and place that is determined by the council in accordance
with the bylaws. (2) A
special meeting of the association for the transaction of the business that is specified
in the resolution or demand shall be held (a) on
resolution of the council; or (b) on
the demand, in writing, of the number of members specified in the bylaws. (3) The
procedure at an annual or special meeting shall be determined by the bylaws. (4) The
registrar shall send a notice of an annual meeting or special meeting to each
member at least 10 days before the meeting. Council 8. (1) The council shall manage and regulate
the affairs and business of the association. (2) The
council shall consist of (a) 5
members elected from and by members of the association in accordance with the
bylaws; and (b) the
person appointed under section 9. (3) A quorum of the council is 4 members. (4) Members
of council elected under paragraph (2)(a) are entitled to remuneration and
reimbursement for expenses in the amounts prescribed in the bylaws. (5) Each
member of council elected under paragraph (2)(a) holds office for the term
prescribed in the bylaws. (6) Where the term of an elected member of council expires and a successor has not been elected the member may continue to hold office until a successor is elected. Public appointee 9. (1) The minister shall appoint one person
who is not a professional forester as a member of council. (2) Where
the minister appoints a person as a member of council, the term of office of
that person shall not exceed 3 years. (3) The
member of council appointed under this section holds office until that person's
successor is appointed and is eligible for reappointment, but is not eligible
to hold office for more than 3 consecutive terms. (4) The
member of council appointed under this section may exercise rights and serve as
a member of committees to the same extent as other members of council. (5) The
member of council appointed under this section shall be a member of the
discipline committee. (6) The
association shall pay the expenses of a person appointed under this section in
accordance with guidelines established by the Lieutenant-Governor in Council. Resignation 10. (1) An elected member of council may
resign by giving written notice of his or her resignation to the council. (2) A
member of council appointed under section 9 may resign by
giving written notice of his or her resignation to the minister. (3) The
resignation of a member of council is effective on the date stated on the written
notice or, where no date is stated (a) in
the case of a resignation of an elected member, on the date the written notice
is received by the council; or (b) in
the case of a resignation of a member of council appointed under section 9, on the date the written notice is received by the minister. Vacancy 11. (1) Where a vacancy occurs in the elected
membership of the council, the remaining members of council may appoint another
member to fill the vacancy until the earlier of (a) the
expiry of the term of office of the person who ceased to be a member of council;
and (b) the
date on which a member is elected to fill the vacancy in accordance with this
Act and the bylaws. (2) A
vacancy in the membership of the council does not impair the power of the remaining
members of council to act. (3) Where
a member serving as an elected member of council is suspended from the association,
the member's powers and duties as an elected member of council are suspended
for the same period. (4) Where
a member serving as an elected member of council is expelled from the association,
the member ceases to be an elected member of council on the day the member is
expelled. Officers and employees 12. (1) The officers of the association shall
be (a) prescribed
in the bylaws; and (b) appointed
or elected in accordance with the bylaws. (2) The
council shall appoint a registrar. (3) The
council may engage employees that it considers necessary to carry out the
duties and functions of the association. (4) The
council shall determine the duties, responsibilities and remuneration of
employees of the association in accordance with the bylaws. Committees 13. (1) The council may establish committees
that are provided for by the bylaws or that it considers necessary. (2) The
council shall appoint persons to committees that are provided for by this Act
or the bylaws or that it has established under subsection (1). (3) In
accordance with the bylaws, the council may delegate on the terms or conditions
that it may determine, some or all of its powers or duties to a committee
provided for by this Act or the bylaws or established under subsection (1). (4) Notwithstanding
subsection (3) the council shall not delegate the power to make bylaws. (5) In
accordance with the bylaws, a committee may establish its own procedures. Bylaws 14. (1) The council may make bylaws not inconsistent
with this Act (a) prescribing
the seal of the association; (b) prescribing
the number and terms of office of elected members of council; (c) prescribing
the officers of the association and governing the procedure for the appointment
or election of those officers; (d) prescribing
the address of the head office of the association; (e) prescribing
the duties of members of council and of officers and employees of the
association; (f) respecting the design and use of seals; (g) governing
the procedures for the election of members of council; (h) prescribing
the organization, powers and procedures of the council and regulating the
council in the performance of its duties; (i) respecting the holding and procedures of meetings of the council
and annual and special meetings of the association; (j) prescribing the amount of registration and other fees payable to
the association, the times of payment and penalties for late payment; (k) establishing
committees that the council considers necessary and prescribing the manner of
election or appointment of committee members; (l) respecting a code of ethics which shall include (i) a definition of "professional misconduct" and "conduct unbecoming" for the purpose of sections 22 to 35, (ii) provisions respecting conflict of interest, and (iii) rules respecting methods of advertising; (m) establishing categories of membership in the association and prescribing the rights and privileges of each category; (n) setting
standards regarding the manner and method of practice of members; (o) setting
requirements for maintenance of membership; (p) prescribing
the number of members required to demand a special meeting of the association; (q) prescribing
the form, content and maintenance of the register and the information to be
provided by members for the purpose of the register; (r) setting
standards for continuing education and the participation of members in
continuing education; (s) respecting
the reporting and publication of decisions and reports of the council and
committees; (t) respecting the types and service of notices that may be served electronically; (u) prescribing
the remuneration and reimbursement for expenses for members of council and for
committee members; and (v) providing
for another thing that is necessary for the effective administration of the
association. (2) A
bylaw may be made, amended or repealed at a meeting of the council provided
that 30 days notice, in writing, of the making, amendment or repeal of the bylaw
and of the meeting are given to members of the council. (3) The council shall have its bylaws available for inspection by the public on reasonable notice and at reasonable hours. Members 15. The council, in accordance with this Act and
the bylaws, shall register persons as members (a) in those categories
of membership set out in section 17; or (b) in
those categories of membership set out in the bylaws. Register 16. (1) In accordance with the bylaws, the
council shall keep a register in which the name and address of every member shall
be recorded. (2) The
register shall be (a) kept
at the head office of the association; and (b) open
for inspection by all persons, without fee, during normal office hours of the
association. (3) The
following documents are admissible in evidence as proof, in the absence of evidence
to the contrary, of their contents without proof of the registrar's appointment
or signature: (a) a
certificate purporting to be signed by the registrar and stating that (i) a named person was or was not, on a specified day or during a specified
period, a member according to the register, or (ii) a named person was or was not, on a specified day or during a specified
period, suspended according to the register; and (b) an
extract from the register that is certified by the registrar. Registration 17. (1) The council shall register as a
professional forester a person who produces evidence establishing to the
satisfaction of the council that the person (a) has
paid the prescribed fees; (b) has
complied with the bylaws and the regulations with respect to registration as a
professional forester; (c) either (i) possesses the educational qualifications and the employment qualifications
required by the bylaws and regulations for professional foresters, or (ii) is registered as the equivalent of a professional forester in good standing
under the legislation of another jurisdiction in Canada, or the legislation of
a jurisdiction outside of Canada that is recognized by the council; and (d) has
successfully completed the examination for a professional forester set by the
association to demonstrate an understanding of forestry legislation, regulations
and professional practice as it relates to the practice of forestry in the
province. (2) The
council shall register as a forester-in-training a person who produces evidence
establishing to the satisfaction of the council that the person (a) has
paid the prescribed fees; (b) has
complied with the bylaws and the regulations with respect to registration as a forester-in-training; (c) possesses
the educational qualifications required by the bylaws and the regulations for foresters-in-training;
and (d) has
successfully completed the examination for foresters-in-training set by the
association. (3) The
council may register as a restricted member a person who (a) does
not fully meet the requirements of paragraphs (1)(c) and (d); (b) agrees
to practise in accordance with the conditions or restrictions specified in the
bylaws and regulations; (c) has
paid the prescribed fees; and (d) has
complied with the bylaws and regulations with respect to registration as a restricted
member. (4) Notwithstanding
paragraphs (1)(c) and (d), the council may, at any time before the expiration
of one year after the coming into force of this subsection, admit to membership
in the association as a professional forester a person who meets the
educational and experience requirements that may be set out in the regulations for
the purpose of this subsection. Admissions 18. (1) The council, in accordance with this
Act and the bylaws, shall appoint an admissions committee. (2) The
admissions committee shall consist of at least 3 members appointed by council. (3) The
admissions committee shall set and conduct examinations of applicants for
membership and shall file the results of the examinations with the registrar. Delegation and review 19. (1) The council may delegate to the
admissions committee the power to register persons as members. (2) Where
a power is delegated under this section, the exercise of that power by the
admissions committee is considered to be an exercise of the power by the council. (3) The
council may impose the terms and conditions that it considers appropriate on a
delegation of its powers. (4) A
person who is aggrieved by a decision of the admissions committee made under a
delegated power may apply to the council to review that decision. (5) On
a review under subsection (4), the council shall hear the review and may (a) direct
the admissions committee to exercise the power in a manner that the council
considers appropriate; or (b) confirm
the decision of the admissions committee. (6) On
a review under subsection (4), the person aggrieved by the decision of the
admissions committee has the right to appear in person before the council in support
of the application. (7) The
council shall inform the applicant, in writing, of its decision regarding the
review. Professional seals 20. (1) Every professional forester is
entitled, in accordance with the bylaws, to sign and seal all final plans,
reports and other documents relating to the practice of professional practice
of forestry that are prepared, issued or approved by that person. (2) All
seals must be acquired from the association and be designed in the manner set
out in the bylaws. (3) A
professional forester who resigns, is expelled or suspended shall return his or
her seal to the association for the period of the suspension or expulsion. Protection of title 21. (1) A person, other than a professional forester,
shall not use (a) the
title or abbreviation (i) "Registered Professional Forester", "R.P.F." or
"RPF", (ii) "Registered Forester", "R.F." or
"RF", or (iii) "Professional Forester", "P.For." or
"PFor"; or (b) a
word, title or designation, abbreviated or otherwise, to imply that the person
is a professional forester. (2) A
person, other than a forester-in-training, shall not use (a) the
title or abbreviation "Forester-in-Training", "F.I.T." or
"FIT"; or (b) a
word, title or designation, abbreviated or otherwise, to imply that the person
is a forester-in-training. Interpretation re discipline provisions 22. In this section and sections 23 to 35 (a) "allegation" means a written document alleging that a person presently or formerly registered as a professional forester has engaged in conduct deserving of sanction; (b) "member" includes a former member; (c) "complainant" means a person making an allegation described in section 23; (d) "conduct deserving of sanction" includes (i) professional misconduct, (ii) professional incompetence, (iii) conduct unbecoming a professional forester, (iv) incapacity or unfitness to practise as a professional forester, and (v) acting in breach of this Act, the regulations or the code of ethics made under section 14; and (e) "respondent" means a current or former professional forester, forester-in-training and restricted member against whom an allegation is made. Allegation 23. (1) An allegation shall be in writing and signed by the complainant or his or her solicitor, and filed with the professional conduct committee. (2) The professional conduct committee or the council may on its own motion make an allegation and file it, and the allegation has the same effect as an allegation referred to in subsection (1). (3) Where the registrar has been informed that a respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute of another country or has been suspended by a governing body of professional foresters in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming a professional forester or professional incompetence, the information shall be forwarded to the professional conduct committee and dealt with by the professional conduct committee as an allegation. (4) For the purpose of subsection (3), a certified copy of the record of a conviction or findings made or the action taken by an external regulatory body constitutes proof, in the absence of evidence to the contrary, of the conviction or findings made or the action taken by that body, without proof of the signature of the convicting justice or person purporting to have signed on behalf of that body. Proceedings against former members 24. An allegation shall not be filed against a
former member more than 2 years after the day he or she became a former member. Professional conduct committee 25. (1) The council shall appoint at least 3
of its members, at least one of whom is a member appointed under section 9, to
constitute the professional conduct committee. (2) A member appointed under subsection (1) shall be appointed for a term of 3 years and is eligible to be reappointed. (3) Notwithstanding the expiry of his or her term, a member of the professional conduct committee continues to be a member until he or she is re-appointed or his or her replacement is appointed. (4) A
member of the discipline committee is not eligible to be a member of the professional
conduct committee. Investigation 26. (1) Where an allegation is filed with the
professional conduct committee, the committee shall (a) review
the allegation; and (b) investigate
the allegation by taking the steps it considers necessary, including summoning
before it the respondent. (2) On
completion of its investigation, the professional conduct committee shall make
a written report to the discipline committee recommending (a) that
the discipline committee hear and determine the formal complaint set out in the
written report; or (b) that
no further action be taken with respect to the matter under investigation. (3) The
formal complaint set out in a written report made under paragraph (2)(a) may
relate to the allegation or the investigation conducted under subsection (1). (4) A
report signed by a majority of the professional conduct committee is the decision
of that committee. (5) The
professional conduct committee shall provide, or direct the registrar to provide,
a copy of a written report made under subsection (2) to (a) the
council; (b) the
complainant, where there is one; and (c) the
respondent. Discipline committee 27. (1) The council shall appoint at least 3 professional
foresters who are not members of the council, one of whom shall be appointed to
serve as chairperson, and the minister shall appoint one person who is not a professional
forester to represent the public interest, who together shall constitute a discipline
committee. (2) A person appointed under subsection (1) shall be appointed for a term of 3 years and is eligible to be reappointed. (3) Notwithstanding the expiry of his or her term, a member of the discipline committee continues to be a member until he or she is re-appointed or his or her replacement is appointed. (4) The
discipline committee may make rules regulating its business and proceedings. Discipline hearing 28. (1) Where a report of the professional
conduct committee recommends that the discipline committee hear and determine a
formal complaint, the registrar shall, at least 14 days before the date the
discipline committee is to sit (a) send
a copy of the formal complaint to the respondent; and (b) serve
notice on the respondent of the date, time and place of the hearing. (2) The parties to the hearing are the professional conduct committee and the respondent and a party may be represented by his or her counsel. (3) The
discipline committee shall hear the formal complaint and shall determine whether
or not the member is guilty of conduct deserving of sanction, notwithstanding
that the determination of a question of fact may be involved, and the
discipline committee need not refer a question to a court for adjudication. (4) The
discipline committee may accept the evidence that it considers appropriate and
is not bound by rules of law concerning evidence. (5) The
discipline committee may employ, at the expense of the association, the legal
or other assistance that it considers necessary, and the respondent, at his or
her own expense, may be represented by counsel. (6) The
testimony of witnesses shall be under oath or affirmation administered by the
chairperson of the discipline committee. (7) At
a hearing by the discipline committee, there shall be full right (a) to
examine, cross-examine and re-examine all witnesses; and (b) to
present evidence in defense and reply. (8) Where
the respondent fails to attend the hearing, the discipline committee may, on
proof of service of the notice mentioned in subsection (1), proceed with the
hearing in his or her absence. (9) Where,
during the course of a hearing, the evidence shows that the respondent may be
guilty of other conduct deserving of sanction different from or in addition to the
conduct deserving of sanction specified in the formal complaint, the discipline
committee shall notify the member of that fact. (10) Where
the discipline committee proposes to amend, add to or substitute the specified
conduct deserving of sanction in the formal complaint, the discipline committee
shall adjourn the hearing for a period that the discipline committee considers
sufficient to give the respondent an opportunity to prepare a defence to the
amended formal complaint, unless the respondent consents to continue the
hearing. (11) The
complainant (a) shall
be advised orally or in writing by the registrar of the date, time and place of
the hearing; and (b) is
entitled to attend the hearing. (12) The
discipline committee shall conduct all hearings in public. (13) Notwithstanding
subsections (11) and (12) the discipline committee may exclude members of the
public and the complainant from a part of the hearing when the committee is of
the opinion that evidence brought in the presence of the person or persons to
be excluded will unduly violate the privacy of a person other than the respondent. Disciplinary powers 29. (1) Where the respondent pleads guilty or
the discipline committee finds the respondent guilty of conduct deserving of
sanction it may make one or more of the following orders: (a) an
order that the respondent be expelled from the association and that the respondent's
name be struck from the register; (b) an
order that the respondent be suspended for a specified period; (c) an
order that the respondent be suspended pending the satisfaction and completion
of any conditions specified in the order; (d) an
order that the respondent may continue to practise, but only under conditions
specified in the order, which may include an order that the respondent (i) not do specified types of work, (ii) successfully complete specified classes or courses of instruction,
and (iii) obtain all or any medical treatment, other treatment or counselling; (e) an
order reprimanding the respondent; and (f) another order that the discipline committee considers just. (2) In
addition to an order made under subsection (1), the discipline committee may
order (a) that
the respondent pay to the association, within a fixed period (i) a fine in a specified amount not exceeding $5,000, and (ii) the costs of the investigation and hearing into the respondent's
conduct and related costs, including the expenses of the professional conduct committee
and the discipline committee and the costs of legal services and witnesses; and (b) where
the respondent fails to make payment in accordance with an order under paragraph
(a), that the respondent be suspended. (3) The
registrar shall send a copy of an order made under this section to the respondent
and to the complainant. (4) Where
the respondent is expelled or suspended from the association, the registrar
shall strike the respondent's name from the register or indicate the suspension
on the register. (5) The
discipline committee may inform the respondent's employer of the order made against
the respondent where the respondent has been found guilty of conduct deserving
of sanction. Duty to report 30. Where the professional conduct committee in its
investigation under section 26 or the discipline committee at the conclusion
of its hearing under section 28 believes that the respondent may be guilty of
a criminal offence, the committee may immediately discontinue its investigation
or hearing and shall make a report of its findings to the head of the
association. Suspension 31. A judge of the court, on the application of the
council, may direct that the respondent be suspended pending the disposition of
a criminal charge where (a) a
criminal charge is laid against the member; and (b) the
member has applied to the court for a stay of a disciplinary proceeding against
the member. Appeal to court 32. The professional conduct committee or the
respondent may, within 30 days after receiving notice of the decision or order
of a discipline committee under this Act, appeal the decision or order to the
Trial Division by filing a notice of appeal with the Registrar of the Supreme
Court. Effect of appeal 33. The commencement of an appeal under section 32 does not stay the effect of the decision or order
appealed from, but, on 5 days notice to the registrar, the appellant may apply
to the court for a stay of the decision or order pending the disposition of the
appeal. Effect of expulsion or suspension 34. When a member is expelled or suspended from the
association, that member's rights and privileges as a member are removed for
the period during which he or she is expelled or suspended from the association. Reinstatement 35. (1) A person who has been expelled as a
member may apply to the council for reinstatement. (2) On
receipt of an application under subsection (1), the council shall (a) review
the application; and (b) investigate
the application by taking the steps it considers necessary. (3) On
completion of its investigation, the council may (a) where
it is satisfied that the person's subsequent conduct and other facts warrant
reinstatement, order that the person be reinstated as a member on the terms and
conditions that the council considers appropriate; or (b) refuse
to reinstate the person. (4) Where,
on an application under subsection (1), the council refuses to reinstate the
person as a member, the person, within 30 days after the date of the order, may
appeal the order of the council to a judge of the court, and the judge may
allow or disallow the appeal. (5) On
an appeal under subsection (4), the judge shall consider (a) the
proceedings before the council on the application for reinstatement; (b) the
past record of the appellant as shown by the books and records of the association;
and (c) the
evidence taken before the council and a committee that dealt with the expulsion
and application for reinstatement and the report of that committee. (6) A
person whose application for reinstatement is refused or whose appeal of a refusal
is dismissed may make another application for reinstatement, based on new information,
at any time. Immunity 36. An action does not lie or shall not be
instituted against (a) the
council or a member of council; (b) the
admissions committee; (c) the
professional conduct committee; (d) the
discipline committee; (e) a
member of a committee; or (f) an officer, employee or agent of the association for a loss or damage
suffered by a person by reason of anything in good faith done, caused,
permitted or authorized to be done, attempted to be done or omitted to be done
by either of them under or in the exercise or supposed exercise of a power
conferred by this Act, the regulation or the bylaws in the carrying out or
supposed carrying out of a decision or order made under this Act, the
regulations, or the bylaws or a duty imposed by this Act, the regulations or
the bylaws. Offence and penalty 37. (1) A person who contravenes this Act,
other than section 21, or the regulations is guilty of an offence and liable on
summary conviction to a fine of not more than $1,000. (2) A person who contravenes section 21 is guilty of an offence and liable on summary conviction (a) for
a first offence, to a fine of not more than $5,000; (b) for
a second offence, to a fine of not more than $10,000; and (c) for
each subsequent offence, to a fine of not more than $15,000, to imprisonment
for a term of not more than 6 months or to both. Limitation of prosecution 38. A prosecution for a contravention of this Act
or regulations shall not be commenced after the expiration of 2 years from the
date of the alleged offence. Report of termination of employment 39. (1) An employer who terminates for cause
the employment of a member shall report the termination to the association
where the employer reasonably believes the cause is professional incompetence
or professional misconduct. (2) This section binds the Crown. Annual register 40. (1) Before February 1 in each year, the
association shall publish in the Gazette
a list, certified by the registrar to be a true list, showing (a) the
names of all members as at December 31 in the preceding year; and (b) the
respective dates of admission of the members mentioned in paragraph (a). (2) The list in subsection (1) is not subordinate legislation for the purpose of the Statutes and Subordinate Legislation Act. Annual report 41. The association shall file an annual report
with the minister in the form, with the contents and in the time determined by
the minister. Compliance 42. A member shall comply with this Act, the
regulations and the bylaws. Service of notices, etc. 43. (1) Unless otherwise provided for in this
Act, the regulations or the bylaws, a notice or other document that is required
to be served under this Act may be served by (a) personal
service made (i) in the case of an individual, on that individual, (ii) in the case of a partnership, on any partner, or (iii) in the case of a corporation, on any officer or director; or (b) registered
mail addressed to the last business or residential address of the person to be
served that is known to the registrar. (2) A
notice or document sent by registered mail is considered to have been served on
the seventh day following the date of its mailing, unless the person to whom it
was mailed establishes that, through no fault of that person, the person did
not receive the notice or document or received it at a later date. (3) Where
it is impractical to effect service of a document in the manner provided for in
subsection (1), the court may, on an application that may be made without
notice, make an order for substituted service. (4) A
document served in accordance with the terms of an order mentioned in subsection
(3) is considered to have been properly served. Regulations 44. The
council may, with the approval of the minister, make regulations (a) prescribing
the qualifications, standards and tests of competency for the registration of
persons or a category of persons as members; (b) prescribing
the procedures governing registration of persons or a category of persons as
members; (c) setting standards of professional conduct, competency and proficiency of members; (d) prescribing the terms and conditions of membership; (e) prescribing
procedures for (i) the review, investigation and disposition by the professional
conduct committee of complaints alleging that a member is guilty of
professional misconduct or professional incompetence, (ii) hearings by the discipline committee of complaints alleging that a member
is guilty of professional misconduct or professional incompetence, and (iii) reviews under subsection 19(4); (f) prescribing the circumstances under which members are required to attend
re-entry education programs and courses and approving programs and courses for
that purpose; (g) governing
the approval of education programs for the purpose of registration under this
Act and prescribing terms and conditions for initial or continued approval of
those programs; (h) governing
the reinstatement of a member who has been expelled; (i) prescribing the minimum amount of liability protection that members
are required to obtain; (j) defining a word used but not defined in the Act; and (k) generally,
to give effect to the purpose of this Act. Commencement 45. This
Act comes into force on May 31, 2012. ©William E. Parsons, Queen's Printer |