Bill 12 (Legislature 21, Session 3)

L21 S3 2930

Alberta — Bills

1988 BILL 12 Third Session, 21st Legislature, 37 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 12 PROFESSIONAL AND OCCUPATIONAL ASSOCIATIONS REGISTRATION AMENDMENT ACT, 1988 MR. JONSON First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1988 (21st, 3rd) Bill 12, Professional and Occupational Associations Registration Amendment Act, 1988

Bill 12 Mr. Jonson BILL 12 1988 PROFESSIONAL AND OCCUPATIONAL ASSOCIATIONS REGISTRATION AMENDMENT ACT, 1988 (Assented to , 1988) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Professional and Occupational Associations Registration Act is amended by this Act. 2

Section 14(1) is amended by adding the following after clause (j): (j.1) respecting the costs payable pursuant to an order under sec tion 33.1, (

i) by an investigated person, in respect of a hearing by the Discipline Committee or a review by the governing body under

section 34, or (ii) by a complainant, in respect of a complaint determined to be frivolous or vexatious under

section 22(3)(a); 3 The following is added after

section 33: 33.1(1) The Discipline Committee may, in addition to or instead of dealing with the conduct of an investigated person in accord ance with

section 33, order that the investigated person pay to the registered association (

a) all or part of the costs, determined in accordance with the regulations, of the hearing before the Discipline Committee or a review under

section 34, (

b) a fine not exceeding $5000 for each finding of unskilled practice or professional or occupational misconduct or $25 000 in the aggregate for all such findings arising out of the hearing, or (

c) both the costs under clause (

a) and the fine under clause (b), within the time set by the order.

(2) If the person ordered to pay a fine or costs, or both, under subsection (1) fails to pay the fine or costs, or both, within the time ordered, the governing body of the registered association 1

Explanatory Notes 1 This Bill will amend

chapter P-18.5 of the Statutes of Alberta, 1985. 2

Section 14(1) presently reads in part: 14(1) The governing body of a registered association may make regula tions (

j) respecting the establishment of the Discipline Committee and its procedures; 3 Payment of fines and costs. 1 Explanatory Notes

may suspend the registration of that person until the fine or costs, or both, are paid.

(3) If the governing body finds under

section 22(3)(

a) that a com plaint is frivolous or vexatious, the Discipline Committee may order the complainant to pay all or part of the costs, determined in accordance with the regulations, of the proceeding before the governing body.

(4) A fine or costs ordered to be paid under this

section are a debt due to the registered association and may be recovered by the association by civil action for debt. 4

Section 34(1) is amended by adding “or 33.1(1)” after “33 ”. 2

Section 34(1) presently reads: 34(1) A member of the Discipline Committee or the investigated person in respect of whom an order has been made under

section 33 may, within 30 days of the service of the order, by written notice served on the president of the registered association, request the governing body to review the order. 2 Explanatory Notes Title: 1988 (21st, 3rd) Bill 12, Professional and Occupational Associations Registration Amendment Act, 1988

Document details

Collection	Alberta — Bills
Citation	L21 S3 2930
Type	bill
Volume / chapter	L21 S3 2930
Language	en
Format	json
Source	PROVINCIAL
Identifier	1b63e350949fee2cd4d75d150a415e91f10f2665

Source file is stored in the law ingest library (json).