Registered Professional Planners Act, 2019 — Bill 70 (42nd Parliament, 1st Session)
Bill 70, 42-1
Ontario — Bills
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Bill 70, Registered Professional Planners Act, 2019
Coe, Lorne
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Bill 70 Original (PDF)
EXPLANATORY
NOTE
The
Bill repeals the Ontario Professional Planners Institute
Act, 1994 and enacts the Registered Professional
Planners Act, 2019 .
The
new Act continues the Ontario Professional Planners Institute (hereinafter
“Institute”), a corporation without share capital that governs and regulates
its members.
Definitions and
Interpretation (sections 1 and 2):
The Act sets out
definitions and states that it does not affect or interfere
with the right of any person who is not a member of the Institute to practise
in the field of professional planning.
The Institute (sections 3 to 7): The objects of the
Institute are specified. The Institute is composed of its members.
The Council (sections 8 to 16): A Council of the Institute
is provided to manage and administer the Institute’s affairs. The Council’s
members include individuals appointed by the Lieutenant Governor in Council.
The roles, duties and functions of the Council are set out.
Membership (sections 17 to 23): The Act provides a
framework for membership in the Institute. It also establishes a limited
continuing jurisdiction over former members respecting disciplinary matters.
Prohibitions (sections 24 to 28): The Act creates
prohibitions and offences respecting the use of specified designations and
initials by unauthorized persons. A limitation period of two years applies in
respect of the offences.
Complaints and Discipline (sections 29 to 39):
The Act sets out procedures for dealing with complaints against the Institute’s
members and establishes a disciplinary process, including rights to appeal
disciplinary orders.
Capacity (sections 40 to 43): The Act establishes
procedures for determining whether a member of the Institute is incapacitated,
including a committee process with a right of appeal.
Investigation Powers (sections 44 to 47): The Act provides
for the appointment of investigators to conduct investigations under the Act
and sets out their powers.
Miscellaneous (sections 48 to 54): The duties of the
Registrar with respect to a register are set out. In addition, duties of
confidentiality, the admissibility of specified documents and protection from
liability are provided for.
By-laws (section 55): The Council’s by-law making
powers are set out.
Transitional Issues (sections 56 to 59): The Act addresses
various transitional issues.
Consequential Amendments and Repeal (sections 60 to 63):
The Act repeals the Ontario Professional Planners
Institute Act, 1994 and makes other consequential amendments.
Bill 70 2019
Act respecting the regulation of Registered Professional Planners
CONTENTS
Definitions and
Interpretation
Definitions
Interpretation
— rights not affected
The Institute
Institute
continued
Objects
Annual
meetings
Surplus
Benevolent
or charitable fund
The Council
Council
Vacancy
Quorum
Officers
Committees
Vacancies
in committees
Member
ceasing to be on committee during hearing
Incapacity
of member during hearing
Delegation
of powers and duties
Membership
Membership
Register
Restrictions,
conditions
Designations
and initials
Refusal,
restrictions or conditions
Suspension,
revocation of membership
Continuing
jurisdiction
Prohibitions
Prohibitions
Offence
and penalty
Costs
Limitation
Compliance
order
Complaints and Discipline
Complaints
committee
Alternative
dispute resolution process
Decision
of complaints committee
Review
of complaints committee decision
Discipline
committee
Preliminary
suspension, restrictions
Appeal
committee
Costs
Power
of Council to rescind or alter orders
Application
to former members
Publication
of decision summaries
Capacity
Interpretation
— “incapacitated”
Investigation
Application
Appeal
Investigation Powers
Investigators
Proof
of appointment
Powers
obstruction
Miscellaneous
Register
Registrar’s
certificate as evidence
Duty
of confidentiality
Disclosure
to public authority
Non-compellability
Documents
not admissible
Protection
from liability
By-laws
By-laws
Transitional Issues
Definitions
Members
Council
members
By-laws
Consequential Amendments and Repeal
Amendment
Repeal
Fair
Access to Regulated Professions and Compulsory Trades Act, 2006
Ontario
Labour Mobility Act, 2009
Commencement and
Short Title
Commencement
Short
title
Her
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
Definitions and
Interpretation
Definitions
1 In this Act,
“alternative
dispute resolution process” means mediation, conciliation, negotiation, or any
other means of facilitating the resolution of issues in dispute; (“processus de
règlement extrajudiciaire des différends”)
“appeal
committee” means the appeal committee established by the by-laws; (“comité
d’appel”)
“by-laws”
means the by-laws made under this Act; (“règlements administratifs”)
“capacity
committee” means the capacity committee established by the by-laws; (“comité de
détermination de la capacité”)
“complaints
committee” means the complaints committee established by the by-laws; (“comité
des plaintes”)
“Council”
means the board of directors of the Institute; (“conseil”)
“discipline
committee” means the discipline committee established by the by-laws; (“comité
de discipline”)
“document”
includes data and information in electronic form; (“document”)
“Institute”
means the Ontario Professional Planners Institute; (“Institut”)
“Minister”
means the Minister of Municipal Affairs or such other member of the Executive
Council as may be assigned the administration of this Act under the Executive Council Act ; (“ministre”)
“professional
planning” includes the scientific, aesthetic and orderly disposition of land,
resources, facilities or services, with a view to securing physical, economic
and social efficiency, a sound environment, health and well-being and
“professional planner” has a corresponding meaning; (“urbanisme”, “urbaniste”)
“register”
means the register established under
section 48; (“tableau”)
“Registrar”
means the Registrar of the Institute appointed by the Council. (“registrateur”)
Interpretation
— rights not affected
2 This Act does not affect or interfere with the right of any
person who is not a member of the Institute to practise in the field of
professional planning.
The Institute
Institute
continued
(1) The Ontario Professional Planners Institute
is continued as a corporation without share capital under the name Ontario
l’Ontario in French.
Composition
(2) The
Institute is composed of its members.
Powers,
etc., of natural person
(3) For
the purpose of carrying out its objects, the Institute has the capacity and the
rights, powers and privileges of a natural person.
Implied
provisions do not apply
(4) Section
92 (implied provisions for corporations) of the Legislation
Act, 2006 does not apply to the Institute.
Non-application
(5) The
Corporations Information Act does not apply to the
Institute.
Same
(6) The
Corporations Act does not apply to the Institute.
Objects
4 The objects of the Institute are,
(
a) to
promote and protect the public interest by governing and regulating the
practice of members of the Institute in accordance with this Act and the
by-laws, including,
(
i) establishing,
maintaining, developing and enforcing standards of qualification,
(ii) establishing,
maintaining, developing and enforcing standards of practice,
(iii) establishing,
maintaining, developing and enforcing standards of professional ethics,
(iv) establishing,
maintaining, developing and enforcing standards of knowledge, skill and
proficiency, and
(
v) regulating
the practice, competence and professional conduct of members of the Institute;
(
b) to
promote and increase the knowledge, skill and proficiency of members of the
Institute;
(
c) to
promote and protect the welfare and interests of the Institute and of the
planning profession;
(
d) to
promote inter-professional collaboration with other professional bodies;
(
e) to
promote and contribute to the study and practice of professional planning;
(
f) to
participate in the development of public policy issues related to professional
planning; and
(
g) to
address any other matter that relates to professional planning or to the
regulation of its members that the Council considers appropriate.
Annual
meetings
5 The Institute shall hold an annual meeting of the members
of the Institute in accordance with the by-laws.
Surplus
6 Any surplus obtained from carrying on the business of the
Institute shall be solely devoted to and applied towards promoting and carrying
out its objects in accordance with this Act and the by-laws and shall not be
divided among its members.
Benevolent
or charitable fund
7 The Institute may establish and administer a benevolent or
charitable fund, and for that purpose may make or receive contributions.
The Council
Council
(1) The Institute shall have a Council that
shall be its governing body and board of directors and that shall manage and
administer the Institute’s affairs in accordance with this Act and the by-laws.
Composition
(2) The
Council shall be composed of,
(
a) at
least nine and no more than 11 individuals, as fixed by the by-laws, who are
members of the Institute and who are elected by members of the Institute in
accordance with the by-laws; and
(
b) at
least one and no more than three individuals appointed by the Lieutenant
Governor in Council, each of whom,
(
i) is
not a member of the Institute,
(ii) is
not a public servant employed under
Part III of the Public
Service of Ontario Act, 2006 , and
(iii) has
no personal, financial or other interest in the practice of professional
planning or a profession related to planning that could give rise to a conflict
of interest.
Deemed
reappointment
(3) An
individual whose appointment under clause (2) (
b) expires is deemed to have
been reappointed until his or her successor takes office.
Council
appointments
(4) Until
the first appointment of an individual to the Council by the Lieutenant
Governor in Council under clause (2) (b), the Council may appoint as members of
the Council one or more individuals who are not members of the Institute, for
the term or terms that the Council specifies.
Same
(5) The
appointment of an individual appointed under subsection (4) expires on the
earlier of,
(
a) the
day on which the individual’s term expires; and
(
b) the
day on which the Lieutenant Governor in Council makes a first appointment under
clause (2) (b).
Vacancy
(1) If the seat of an elected member of the
Council becomes vacant, the Council shall fill the vacancy for the remainder of
the member’s term in accordance with the by-laws.
Same
(2) For
the purposes of subsection (1), an elected member’s seat becomes vacant,
(
a) if
the member dies or resigns;
(
b) if
the member is removed from the Council in accordance with the by-laws; or
(
c) for
any other reason specified by the by-laws.
Same
(3) If
one or more vacancies occur in the membership of the Council, the members
remaining on the Council shall constitute the Council so long as their number
is not fewer than the quorum established by
section 10.
Quorum
10 At any meeting of the Council, a majority of the members of
the Council constitutes a quorum.
Officers
(1) The Council shall elect from among its
members the officers specified by the by-laws to be elected.
Same
(2) The
Council shall appoint as officers of the Institute a Registrar and any other
officers specified by the by-laws to be appointed.
Powers
and duties
(3) In
addition to the powers and duties that are set out in this Act and the by-laws,
an officer of the Institute has the powers and duties that are granted or
assigned to him or her by the Council.
Committees
(1) The Council shall by by-law establish a
complaints committee, a discipline committee, a capacity committee and an
appeal committee, and may establish additional committees as it considers
appropriate.
Panels
(2) The
by-laws may authorize a committee to sit in panels for the purposes of
exercising its powers and performing its duties under this Act, and for any
other purpose.
Same
(3) A
decision of a panel of a committee constitutes the decision of the committee.
Vacancies
in committees
13 If one or more vacancies occur in the membership of a
committee of the Council, the members remaining on the committee constitute the
committee so long as their number is not fewer than the quorum established in
the by-laws.
Member
ceasing to be on committee during hearing
14 If, after a committee commences a hearing into a matter, a
member of the committee ceases to be a member of the committee, the member
shall be deemed, for the purposes of dealing with that matter, to remain a
member of the committee until the final disposition of the matter.
Incapacity
of member during hearing
15 If, after a committee commences a hearing into a matter, a
member of the committee becomes incapacitated, the remaining members of the
committee may continue to hear the matter and to render a decision with respect
to the matter.
Delegation
of powers and duties
Council
may delegate
(1) The Council may delegate any of its powers
or duties under this Act, except the power to make by-laws, to one or more
committees, the Registrar or any other officer of the Institute, subject to any
restrictions or conditions that the Council may specify.
Registrar
may delegate
(2) The
Registrar may delegate any of his or her powers or duties under this Act to one
or more employees of the Institute identified by the Council for the purpose,
subject to any restrictions or conditions that are specified by the Registrar
or the Council.
Membership
Membership
(1) The Registrar shall admit as a member of the
Institute any individual who meets the requirements and qualifications for
membership that are specified by the by-laws and who applies for membership in
accordance with the by-laws.
Certificate
(2) The
Registrar shall give to every individual admitted as a member of the Institute
a certificate of membership in the form determined by the Council.
Same
(3) Every
member of the Institute who resigns his or her membership or whose membership
is suspended or revoked shall return his or her certificate of membership to
the Institute, unless the Council determines otherwise.
Register
18 For the purposes of this Act and the by-laws, an individual
is not a member of the Institute unless the register indicates that he or she
is a member.
Restrictions,
conditions
19 The right of a member of the Institute to practise in the
field of professional planning is subject to any restrictions or conditions
imposed under this Act.
Designations
and initials
20 Subject to the by-laws, a member of the Institute has the
right to use the designations “professional planner”, “Registered Professional
Planner”, “urbaniste” and “urbaniste professionnel certifié”, and to use the
initials “RPP” and “UPC”.
Refusal,
restrictions or conditions
Refusal
of membership
(1) An applicant who is refused membership in
the Institute may appeal the decision to the person or body appointed by the by-laws
to hear the appeal.
Restrictions
or conditions
(2) An
applicant whose membership in the Institute is granted subject to restrictions
or conditions on his or her right to practise in the field of professional
planning may appeal the decision to the person or body appointed by the by-laws
to hear the appeal.
Parties
(3) The
parties to an appeal under subsection (1) or (2) are the Institute and the
applicant or member, as the case may be.
Powers
(4) On
hearing the appeal, the person or body appointed to hear the appeal may confirm
or vary the decision being appealed, or may substitute his, her or its own
decision for that of the Council.
Decision
final
(5) The
decision of the person or body appointed to hear the appeal is final.
Suspension,
revocation of membership
(1) The Council may, in accordance with the
by-laws, suspend or revoke the membership of a member of the Institute for,
(
a) failure
to pay all or part of any fee, penalty or other amount that is payable to the
Institute;
(
b) failure
to provide information or produce documents or other materials required under
this Act to be provided or produced;
(
c) failure
to make declarations required under this Act to be made; or
(
d) any
other reason that is specified by the by-laws.
Appeal
(2) An
individual whose membership is suspended or revoked under clause (1) (
d) may
appeal the decision to the person or body specified by the by-laws as having
authority to hear the appeal.
Parties
(3) The
parties to an appeal under subsection (2) are the Institute and the individual.
Powers
(4) On
hearing the appeal, the person or body may confirm or vary the decision being
appealed, or may substitute his, her or its own decision for that of the
Council.
Decision
final
(5) The
decision made by the person or body under subsection (4) is final.
Continuing
jurisdiction
Former
member
(1) An individual who resigns as a member of the
Institute or whose membership is revoked or otherwise terminated remains
subject to the continuing jurisdiction of the Institute in respect of an
investigation or disciplinary proceeding arising from his or her conduct while
a member.
Suspended
member
(2) A
member whose membership is suspended remains subject to the continuing
jurisdiction of the Institute for all purposes under this Act.
Prohibitions
Prohibitions
(1) No person, other than a member of the
Institute, shall,
(
a) take
or use the designation “professional planner”, “Registered Professional
Planner”, “urbaniste” or “urbaniste professionnel certifié”, or the initials “RPP”
or “UPC”, or any other abbreviation of those designations, alone or in
combination with other words or abbreviations; or
(
b) take
or use any term, title, initials, designation or description, or any
abbreviation thereof, implying that the person is a member of the Institute.
Exceptions
(2) Clauses
(1) (
a) and (
b) do not apply to a person in any of the following circumstances:
1. The
person uses a term, title, initials, designation or description when making
reference to his or her membership in a comparable organization in a
jurisdiction other than Ontario in,
i. a
speech or other presentation given at a professional or academic conference or
other similar forum,
ii. an
application for employment or a private communication respecting the retainer
of the person’s services, if the reference is made to indicate the person’s
educational background and the person expressly indicates that he or she is not
a member of the Institute and is not governed by the Institute, or
iii. a
proposal submitted in response to a request for proposals, if the reference is
made to demonstrate that the person meets the requirements for the work to
which the request for proposals relates.
2. The
person uses a term, title, initials, designation or description as authorized
by the by-laws.
Same
(3) For
the purposes of subparagraph 1 ii of subsection (2), stating the name of the
jurisdiction from which the qualifications were obtained after the term, title,
initials, designation or description is not sufficient to expressly indicate
that the person is not a member of the Institute and is not governed by the
Institute.
Offence
and penalty
(1) Every person who contravenes
section 24 is
guilty of an offence and on conviction is liable to a fine of not more than
$15,000.
Application
to corporation
(2) If
a corporation is guilty of an offence under subsection (1), every director or
officer of the corporation who authorized, permitted or acquiesced in the
commission of the offence is deemed to be a party to and guilty of the offence
and on conviction is liable to a fine of not more than $15,000.
Probation
orders
(3) On
conviction of a person for an offence under this section, the court may
prescribe as a condition of a probation order any of the following:
1. That
the person pay compensation or make restitution to any person who suffered a
loss as a result of the offence.
2. That
the person shall not contravene
section 24.
Costs
(1) In addition to the fine, on conviction for
an offence under
section 25, a court may order that the convicted person pay to
the Institute some or all of the costs reasonably incurred by it in prosecuting
the offence and in undertaking any investigation related to the subject matter
of the prosecution.
Same
(2) Costs
payable under subsection (1) are deemed to be a fine for the purpose of
enforcing payment.
Limitation
27 No prosecution for a contravention of
section 24 shall be
commenced more than two years after the time when the subject matter of the
prosecution arose.
Compliance
order
28 If it appears to the Institute that a person does not
comply with this Act or the by-laws, despite the imposition of a penalty in
respect of that non-compliance and in addition to any other rights it may have,
the Institute may apply to a judge of the Superior Court of Justice for an
order directing the person to comply with the provision, and the judge may make
the order or any other order the judge thinks fit.
Complaints and Discipline
Complaints
committee
(1) Subject to the by-laws, the complaints
committee shall review every complaint regarding the conduct of a member of the
Institute, including complaints made by,
(
a) a
member of the public, including a member of the Institute; or
(
b) the
Registrar.
Same
(2) Subject
to the by-laws, if the complaint contains information suggesting that the
member may be guilty of professional misconduct as defined in the by-laws, the
committee shall investigate the matter.
Alternative
dispute resolution process
(1) The Registrar may, with the consent of both
the complainant and the member, refer the complainant and the member to an
alternative dispute resolution process,
(
a) if
the matter has not yet been referred to the discipline committee under
section
31; and
(
b) if
the complainant is not the Registrar.
Notice
of resolution
(2) If
the complainant and the member reach a resolution of the complaint through
alternative dispute resolution, they shall notify the Registrar.
Ratification
of resolution
(3) The
Registrar shall promptly advise the complaints committee of a resolution after
receiving the notice referred to in subsection (2), and the committee may,
(
a) cease
its investigation of the complaint and adopt the proposed resolution; or
(
b) continue
with its investigation of the complaint.
Decision
of complaints committee
31 Following the investigation of a complaint by the
complaints committee, the committee may do one or more of the following:
1. Direct
that the matter be referred, in whole or in part, to the discipline committee.
2. Direct
that the matter not be referred to the discipline committee.
3. Require
the person complained against to appear before the complaints committee to be
cautioned.
4. Take
any action that it considers appropriate in the circumstances and that is not
inconsistent with this Act or the by-laws, but not including any action
described in subsection 33 (4).
Review
of complaints committee decision
(1) If the complaints committee does not direct
that a matter be referred, in whole or in part, to the discipline committee,
the complainant may request a review of the committee’s decision by the appeal
committee in accordance with the by-laws.
Powers
(2) Following
a review under subsection (1), the appeal committee may,
(
a) in
the circumstances set out in the by-laws, refer the matter back to the
complaints committee; or
(
b) direct
that no further action be taken.
Decision
final
(3) The
decision of the appeal committee under subsection (2) is final.
Same
(4) If
the appeal committee refers a matter back to the complaints committee for
reconsideration, the decision of the complaints committee in respect of the
matter is final.
Discipline
committee
(1) The discipline committee shall hear every
matter referred to it by the complaints committee.
Parties
(2) The
parties to a hearing under subsection (1) are the Institute and the member of
the Institute who is the subject of the complaint.
Professional
misconduct
(3) The
discipline committee may find a member guilty of professional misconduct if in
the committee’s opinion the member is guilty of professional misconduct as
defined in the by-laws.
Powers,
professional misconduct
(4) If
the discipline committee finds a member guilty of professional misconduct, it
may by order do one or more of the following:
1. Revoke
the member’s membership.
2. Suspend
the member’s membership for a period not to exceed 24 months.
3. Despite
section 20, direct that a member whose membership is suspended refrain from
using any term, title, initials, designation or description implying that the
member is a member of the Institute or is authorized to use the term, title,
initials, designation or description during the period of suspension.
4. Determine
the timing and manner of the return of a certificate of membership to the
Institute by an individual whose membership is suspended or revoked.
5. Impose
restrictions or conditions on the right of the member to practise in the field
of professional planning.
6. Issue
a reprimand and, if the committee considers it appropriate, direct that the
reprimand be recorded in the register.
7. Direct
the member to take any specified rehabilitative measure, including requiring
the member to successfully complete specified professional development courses
or to seek specified counselling or treatment.
8. Direct
the member to pay a fine and specify the timing and manner of payment.
9. Direct
that the imposition of a measure under this subsection be postponed for a
specified period or on specified terms, including the successful completion of
specified courses of study.
10. Direct
that a failure to comply with the committee’s order shall result in the
revocation of the member’s membership.
11. Make
any other order that the committee considers appropriate in the circumstances.
Effect
(5) Unless
the discipline committee orders otherwise, a final decision or order of the
committee under this
section takes effect on the day on which the time to
appeal under subsection 35 (1) expires, if no notice of appeal is filed with
the appeal committee in accordance with that subsection.
Combining
proceedings
(6) If
two or more proceedings before the discipline committee involve the same member
or the same or similar questions of fact, law or policy, the committee may,
without the consent of the parties, combine the proceedings or any part of them
or hear the proceedings at the same time.
Preliminary
suspension, restrictions
34 At any time after a matter respecting a complaint against a
member is referred to it by the complaints committee and before making a final
decision or order under
section 33, the discipline committee may order that the
member’s membership be suspended, or be subject to any restrictions or
conditions that the committee may specify, pending the outcome of the hearing,
if there are reasonable grounds to believe that to do otherwise may result in
harm to any member of the public.
Appeal
committee
(1) A party to a proceeding before the
discipline committee may appeal a final decision or order of the committee
under
section 33 or an order under
section 34 to the appeal committee by filing
a notice of appeal within the time and in the manner set out in the by-laws.
Jurisdiction,
powers
(2) The
appeal committee may determine any question of law or mixed fact and law that
arises in an appeal under subsection (1) and may do one or more of the
following:
1. Make
any decision or order that could have been made by the discipline committee.
2. Order
a new hearing before the discipline committee.
3. Dismiss
the appeal.
Effect
(3) A
decision or order of the appeal committee under paragraph 1 of subsection
(2) takes effect on the day it is made, unless the committee orders otherwise.
Decision,
order final
(4) A
decision or order of the appeal committee under subsection (2) is final.
Costs
(1) The discipline committee may award the costs
of a proceeding before it under
section 33 against the member who is the
subject of the proceeding, in accordance with its procedural rules.
Same
(2) The
appeal committee may award the costs of a proceeding before it under
section 35
against the member who is the subject of the proceeding, in accordance with its
procedural rules.
Inclusion
of Institute’s costs
(3) The
costs ordered under subsection (1) or (2) may include costs incurred by the
Institute arising from the investigation, prosecution, hearing and, if
applicable, appeal of the matter that is the subject of the proceeding and any
other costs specified by the by-laws.
Application
(4) This
section applies despite
section 17.1 of the Statutory
Powers Procedure Act .
Power
of Council to rescind or alter orders
(1) At any time after an order of the discipline
committee under
section 33 or of the appeal committee under paragraph 1 of
subsection 35 (2) to suspend or revoke a member’s membership has become
effective, the Council may by special resolution rescind or alter the order.
Notice
(2) The
Council shall give notice of a special resolution under subsection (1), with
reasons, to the members of the Institute.
Application
to former members
38 Sections 29 to 37 apply with necessary modifications in
respect of an individual who resigns as a member of the Institute or whose
membership is revoked or otherwise terminated.
Publication
of decision summaries
(1) The Council,
(
a) shall
publish a
summary of every decision of the discipline committee in an annual
report; and
(
b) may
publish a
summary of every decision of the discipline committee in any other
publication produced by the Institute.
Publication
of member’s name
(2) In
publishing a decision under subsection (1), the Council shall not publish the
name of the member who was the subject of the proceeding unless the member has
been found guilty of professional misconduct or unless the member requests the
publication of his or her name.
Capacity
Interpretation
— “incapacitated”
40 A member of the Institute is incapacitated for the purposes
of sections 41 to 43 if, by reason of physical or mental illness, condition or
disorder, other infirmity or addiction to or excessive use of alcohol or drugs,
(
a) the
member is unfit to continue to carry out his or her professional
responsibilities; or
(
b) restrictions
or conditions on the member’s right to practise in the field of professional
planning should be imposed.
Investigation
41 If the Institute receives information suggesting that a
member is incapacitated, the Registrar may investigate the matter.
Application
(1) Following an investigation under
section 41,
the Registrar may apply to the capacity committee for a determination of
whether the member is incapacitated.
Parties
(2) The
parties to an application under subsection (1) are the Institute and the
member.
Medical
or psychological examination
(3) If
the capacity committee determines that it is necessary to obtain the opinion of
a physician or psychologist in order to determine whether a member is
incapacitated, the committee may, on its own or on motion, order the member to
undergo a medical or psychological examination.
Examining
physician, psychologist
(4) The
examining physician or psychologist shall be specified by the capacity
committee after giving the parties an opportunity to make recommendations.
Failure
to comply
(5) If
the member fails to comply with an order under subsection (3), the capacity
committee may make an order suspending his or her membership until he or she
complies.
Assessment
(6) Following
the examination of a member, the physician or psychologist shall provide to the
capacity committee,
(
a) an
assessment of whether the member is incapacitated;
(
b) an
assessment of the extent of any incapacity; and
(
c) any
further information respecting the medical or psychological issues in the case.
Admissibility
(7) Information
provided by a member to a physician or psychologist during a medical or
psychological examination is not admissible in evidence except in the
application, including any appeal, and in any proceeding in court arising from
or relating to the application.
Powers
(8) If
the capacity committee determines that the member is incapacitated, the
committee may by order do one or more of the following:
1. Suspend
the member’s membership.
2. Impose
restrictions or conditions on the member’s right to practise in the field of
professional planning.
3. Make
any other order, other than revoking the member’s membership, that the
committee considers necessary to protect the public interest.
Appeal
(1) A party to the application may appeal a decision
or order under
section 42, or a refusal to make an order under that section, to
the appeal committee by filing a notice of appeal within the time and in the
manner set out in the by-laws.
Jurisdiction,
powers
(2) The
appeal committee may determine any question of law or mixed fact and law that
arises in an appeal under subsection (1) and may do one or more of the
following:
1. Make
any decision or order that could have been made by the capacity committee.
2. Refer
the matter back to the capacity committee.
3. Dismiss
the appeal.
Decision,
order final
(3) A
decision or order of the appeal committee under subsection (2) is final.
Investigation Powers
Investigators
(1) The complaints committee or the Registrar may
appoint investigators for the purposes of
section 29.
Same
(2) The
Registrar may appoint investigators for the purposes of
section 41.
Proof
of appointment
45 Every investigator who exercises powers under this Act
shall, on request, produce written proof of his or her appointment under
section 44.
Powers
46 In conducting an investigation under this Act, an
investigator may,
(
a) at
any reasonable time, enter and inspect the business premises of the individual
under investigation, other than any part of the premises used as a dwelling,
without the consent of the owner or occupier and without a warrant;
(
b) question
and require the individual or anyone who works with the individual to provide
information that the investigator believes is relevant to the investigation;
(
c) require
the production of and examine any document or thing that the investigator
believes is relevant to the investigation, including a client file;
(
d) on
giving a receipt for it, remove any document or thing that the investigator
believes is relevant to the investigation for the purposes of making copies or
extracts of any document or information, but the making of the copies or
extracts shall be carried out with reasonable dispatch, taking into account the
scope and complexity of the work involved in making the copies or extracts, and
the document or thing shall afterwards be returned promptly to the person from
whom it was taken; and
(
e) use
any data storage, processing or retrieval device or system used in carrying on
business on the premises in order to produce a document in readable form.
obstruction
(1) No person shall obstruct an investigator
executing his or her duties or withhold from him or her or conceal, alter or
destroy any document or thing relevant to the investigation.
Offence
and penalty
(2) Every
person who contravenes subsection (1) is guilty of an offence and on conviction
is liable to a fine of not more than $25,000.
Application
to corporation
(3) If
a corporation is guilty of an offence under subsection (2), every director or officer
of the corporation who authorized, permitted or acquiesced in the commission of
the offence is deemed to be a party to and guilty of the offence and on
conviction is liable to a fine of not more than $25,000.
Miscellaneous
Register
(1) The Registrar shall establish and maintain a
register of the members of the Institute, and the register shall contain the
information required by the by-laws to be included.
Publication
on website
(2) The
Council shall publish an online version of the register on its website.
Registrar’s
certificate as evidence
49 Any statement containing information from the register
purporting to be certified by the Registrar is admissible in evidence as proof,
in the absence of evidence to the contrary, of the information in the
statement, without proof of the Registrar’s appointment or signature.
Duty
of confidentiality
(1) Every person employed, retained or appointed
for the purposes of the administration of this Act and the by-laws, and every
member of a Council or committee of the Institute shall keep confidential all
information that comes to his or her knowledge or possession in the course of
his or her duties under this Act, and shall not communicate any such
information to any other person except,
(
a) to
his or her counsel;
(
b) with
the consent of the person to whom the information relates;
(
c) to
the extent that the information is available to the public;
(
d) as
may be required in connection with the administration of this Act and the
by-laws or with any proceeding under this Act or the by-laws; or
(
e) as
may otherwise be required by law.
Offence
and penalty
(2) Every
person who contravenes subsection (1) is guilty of an offence and on conviction
is liable to a fine of not more than $25,000.
Costs
(3) In
addition to the fine, on conviction for an offence under this section, a court
may order that the convicted person pay to the Institute some or all of the
costs reasonably incurred by it in prosecuting the offence and in undertaking
any investigation related to the subject matter of the prosecution.
Same
(4) Costs
payable under subsection (3) are deemed to be a fine for the purpose of
enforcing payment.
Limitation
(5) No
prosecution for a contravention of subsection (1) shall be commenced more than
two years after the time when the subject matter of the prosecution arose.
Disclosure
to public authority
(1) The Institute may apply to the Superior
Court of Justice for an order authorizing the disclosure to a public authority
of any information that a person to whom subsection 50 (1) applies would
otherwise be prohibited from disclosing under that subsection.
Restrictions
(2) The
court shall not make an order under this
section if the information sought to
be disclosed came to the knowledge of the Institute as a result of,
(
a) the
making of an oral or written statement by a person in the course of an
investigation or proceeding that may tend to criminate the person or establish
the person’s liability to civil proceedings, unless the statement was made at a
hearing held under this Act;
(
b) the
making of an oral or written statement disclosing matters that the court
determines to be subject to solicitor-client privilege; or
(
c) the
examination of a document that the court determines to be subject to
solicitor-client privilege.
Documents
and other things
(3) An
order under this
section that authorizes the disclosure of information may also
authorize the delivery of documents or other things that are in the Institute’s
possession and that relate to the information.
Non-compellability
52 No member or appointee of the Council or of a committee of
the Institute shall be compelled to give testimony in any civil proceeding,
other than a proceeding under this Act or a judicial review relating to a
proceeding under this Act, with regard to matters that come to his or her
knowledge in respect of the work of the Council or a committee of the
Institute.
Documents
not admissible
53 No record of a proceeding under this Act and no report,
document or thing prepared for or statement given at such a proceeding and no
decision or order made in such a proceeding is admissible in any civil
proceeding, other than a proceeding under this Act or a judicial review
relating to a proceeding under this Act.
Protection
from liability
54 No action or other proceeding shall be instituted against
the Institute, the Council or any committee, any member or former member of the
Council or of a committee, or any officer, employee, agent or appointee of the
Institute or of the Council for any act done in good faith in the exercise or
performance or the intended exercise or performance of any power or duty under
this Act or for any neglect or default in the exercise or performance in good
faith of such power or duty.
By-laws
By-laws
(1) The Council may make by-laws necessary or
desirable to conduct the business and carry out the objects of the Institute.
Same
(2) Without
limiting the generality of subsection (1), the Council may make by-laws with
respect to the following matters:
1. Governing
the admission of individuals to membership in the Institute, including
specifying the requirements and qualifications for each class of members and
governing applications for each class of members.
2. Governing
members of the Institute, including,
i. establishing
standards of practice,
ii. governing
the imposition of restrictions and conditions on a member’s right to practise
in the field of professional planning,
iii. establishing
classes of members,
iv. governing
the rights, privileges, restrictions and conditions of any class of members,
v. governing
the granting, renewal, suspension and revocation of memberships,
vi. respecting
the ways in which members may advertise their services to the public,
vii. prescribing
operating requirements for members, including record-keeping requirements,
viii. respecting
mandatory reporting of acts prohibited under this Act to the Registrar, and
ix. specifying
information that members are required to provide to the Registrar for the
purposes of this Act.
3. Governing
the calling, holding and conducting of Council meetings and respecting the
duties of Council members.
4. Governing
the calling, holding and conducting of meetings of the members of the
Institute, including specifying and limiting the matters that may be considered
at an annual meeting.
5. Governing
the use of terms, titles, initials, designations and descriptions by members of
the Institute, and by individuals for the purposes of paragraph 2 of subsection
24 (2), including specifying the requirements and qualifications to use the
designations, initials, terms, titles or descriptions.
6. Governing
the nomination and election of members of the Institute to the Council,
including fixing the number of elected members, setting out the qualifications
that a member must meet in order to be elected to and serve on the Council,
setting out terms of office, setting out the requirements for members to be
able to vote, establishing electoral districts, and providing for election
recounts.
7. Governing
the election and appointment of officers of the Institute and setting out their
powers and duties.
8. Establishing
the committees required by this Act and any additional committees, governing
the names, composition, powers, duties and quorums of the committees, governing
the appointment of individuals to the committees, and authorizing and governing
the composition, practices and procedures of, and quorum for, panels of
committees.
9. Delegating
any of the Council’s powers or duties under this Act to one or more committees
or to the Registrar or any other officer of the Institute, and specifying
restrictions or conditions on the delegation.
10. Governing
the resignation of members of the Institute.
11. Governing
the reinstatement or readmission of individuals who have resigned or whose
membership is suspended or revoked.
12. Governing
the conduct of members of the Institute, including,
i. establishing
a code of ethics,
ii. providing
for rules of professional conduct, and
iii. governing
complaints and discipline, including defining professional misconduct for the
purposes of this Act and the by-laws, specifying requirements for the making of
complaints, specifying circumstances under which a complaint may not be
reviewed or investigated, and specifying orders that may be made for the
purposes of paragraph 11 of subsection 33 (4).
13. Governing
investigations under this Act.
14. Governing
the accreditation of preparatory and qualifying programs respecting
professional planning by the Institute.
15. Governing
continuing education and professional development, including providing for the
development or approval of continuing education and professional development
programs for members of the Institute and requiring members to successfully
complete or participate in such programs, and governing the provision of
professional development and related services to members and to non-members.
16. Authorizing
the Institute to make arrangements for the indemnity of members of the
Institute against professional liability and providing levies to be paid by
members.
17. Requiring
members of the Institute to have professional liability insurance that
satisfies the requirements specified in the by-laws or to belong to a specified
organization that provides protection against professional liability and
requiring members to give proof of the insurance or membership to the Institute
in the manner set out in the by-laws.
18. Establishing
and governing the payment of fees, fines and other amounts that must be paid to
the Institute, including the payment of penalties for late payment of any fee,
fine or other amount, and exempting any class of person from all or part of any
fee, fine or amount.
19. Respecting
matters of procedure for any meeting, process or proceeding under this Act,
including,
i. providing
for procedural rules for proceedings before committees under this Act,
ii. governing
the procedures for making, amending and revoking by-laws,
iii. prescribing
the ways in which and the time within which notice must be given of meetings
held under this Act, and
iv. prescribing
and governing how information and documents are to be given or served under
this Act, such as prescribing rules governing deemed receipt of documents.
20. Prescribing
forms and providing for their use.
21. Respecting
the designation of life or honorary members of the Institute and prescribing
their rights and privileges.
22. Governing
the organization of members into local groups for purposes including holding
local meetings and organizing activities for members.
23. Providing
for the training and recognition of members as specialists, including,
i. specifying
the requirements and qualifications for recognition of specialist status,
ii. respecting
the applications for recognition of specialist status, and
iii. respecting
the renewal, expiration, suspension and revocation of the recognition of
specialist status.
24. Providing
for the affiliation of the Institute with a university, college, school,
corporation or other entity that supports the Institute’s objects.
25. Respecting
membership of the Institute in a national organization of bodies with similar
functions, the payment of annual assessments and representation at meetings.
26. Governing
the participation of the Institute in the establishment and maintenance of
foundations or other entities whose work supports the Institute’s objects,
including providing for the payment of funds by the Institute to such a
foundation or other entity.
27. Providing
for the making of grants or donations by the Institute to any individual or
entity for any purpose that may tend to advance knowledge and education in
professional planning, improve standards of practice in the field of
professional planning or support or encourage public information about and
interest in the past and present roles of professional planners in society.
28. Governing
the retention and destruction of information and documents in the possession of
the Institute or any officer of the Institute, the Council or any committee.
29. Governing
the register that the Registrar is required to establish and maintain,
including prescribing the information that must be kept in the register,
authorizing the removal of information from the register and requiring members
of the Institute to provide the Institute with information necessary for
establishing and maintaining the register and for establishing and maintaining
records necessary for the proper functioning of the Institute.
30. Authorizing
the Registrar to conduct quality assurance programs in relation to the
administration of this Act or the by-laws and to use the information collected
under this Act for the purpose of those programs.
31. Respecting
the Institute’s newsletters or other publications.
32. Prescribing
a code of conduct for Council members and committee members, including conflict
of interest rules for Council members and committee members.
33. Respecting
the remuneration and expenses of Council members and committee members.
34. Governing
the acquisition, management and disposition of the Institute’s real and
personal property.
35. Providing
for the receipt, management and investment of contributions, donations and
bequests from members of the Institute and others for benevolent and charitable
purposes, including the establishment and administration of a fund or funds
related thereto and the making of contributions.
36. Providing
for the audit of the accounts and transactions of the Institute.
37. Respecting
other administrative matters of the Institute, including use of the corporate
seal, execution of documents, banking arrangements and the selection of
auditors.
38. Exempting
any member or class of members of the Institute from a by-law made under this
section.
39. Respecting
indemnification by the Institute of Council members, committee members, and
officers and employees of the Institute.
40. Respecting
any matter that this Act refers to as a matter that the by-laws may specify,
set out, determine or otherwise deal with.
41. Addressing
any transitional issues that arise from the repeal of the Ontario
Professional Planners Institute Act, 1994 .
General
or particular
(3) A
by-law made under this
section may be general or particular in its application.
Same
(4) Without
limiting the generality of subsection (3), a by-law may be limited in its
application to any class of members of the Institute.
Meetings
by telecommunications, etc.
(5) A
by-law made under paragraph 3 or 4 of subsection (2) may provide for the
meetings to be held in any manner that allows all the persons participating to
communicate with each other simultaneously and instantaneously.
Unanimous
by-laws
(6) A
by-law or resolution signed by all the members of the Council is as valid and
effective as if passed at a meeting of the Council called, constituted and held
for the purpose.
When
by-law effective
(7) A
by-law made by the Council shall be posted on the Institute’s website and,
unless otherwise provided in the by-law, is effective on and after the day it
is made.
Publicly
available
(8) The
Council shall ensure that every by-law made under this
section is available to
the public for as long as it remains in effect.
Examinations
permitted
(9) A
by-law made under paragraph 1 of subsection (2) may authorize the Registrar to
assess the qualifications or competency of potential members by examinations or
other means.
Transitional Issues
Definitions
56 In sections 57 to 59,
“transition
day” means the day on which this
section comes into force.
Members
(1) Every individual who is a member of the Institute
immediately before the transition day is deemed on the transition day to become
a member of the Institute under this Act.
Same
(2) For
the purposes of subsection (1), if the member is in a class of members
immediately before the transition day, the member is deemed on the transition
day to become a member of the same class of members and is subject to the same
rights, privileges, restrictions and conditions as were applicable to the
member and the member’s class immediately before the transition day.
Council
members
58 Despite subsection 8 (2), the members of the Council who
are in office immediately before the transition day shall continue in office as
members of the Council until the expiration of the terms for which they were
elected or appointed or until the office otherwise becomes vacant.
By-laws
59 Every by-law made by the Council under the Ontario Professional Planners Institute Act, 1994 that is
in force immediately before the transition day is deemed on the transition day
to be a by-law of the Institute under this Act and shall remain in force, to
the extent that it does not conflict with this Act, until it is amended or
revoked by by-law under this Act.
Consequential Amendments and Repeal
Amendment
60 (1) Subsection 3 (6) of the Act is repealed
and the following substituted:
Application
of Not-for-Profit Corporations Act, 2010
(6) The
Not-for-Profit Corporations Act, 2010 does not
apply to the Institute, except as may be prescribed by regulation.
(2) The
Act is amended by adding the following
section immediately before the heading
“By-Laws”:
Regulations
54.1 The Lieutenant Governor in Council may make
regulations prescribing provisions of the Not-for-Profit
Corporations Act, 2010 that apply to the Institute.
Repeal
61 The Ontario Professional Planners
Institute Act, 1994 is repealed.
Fair
Access to Regulated Professions and Compulsory Trades Act, 2006
Section 1 of
Schedule 1 to the Fair
Access to Regulated Professions and Compulsory Trades Act, 2006 is amended
by adding the following paragraph:
16. The
Ontario Professional Planners Institute.
Ontario
Labour Mobility Act, 2009
(1) Item 24 of Table 1 of the Ontario Labour Mobility Act, 2009 is repealed.
(2) Table
1 of the Act is amended by adding the following item:
39.1.1
Registered Professional Planners Act, 2019
Ontario
Professional Planners Institute
Commencement and
Short Title
Commencement
64 This Act comes into force on a day to be named by
proclamation of the Lieutenant Governor.
Short
title
65 The
short title of this Act is the Registered
Professional Planners Act, 2019 .
Date Bill stage Event Outcome Committee
February 28, 2019
Second Reading
Ordered referred to Standing Committee
Standing Committee on General Government
February 28, 2019
Second Reading
Vote
Carried
February 28, 2019
Second Reading
Debated
February 19, 2019
First Reading
Vote
Carried
Debates and Progress
First Reading
February 19, 2019
Committee
Second Reading
February 28, 2019
Mr. Lorne Coe, Mr. Tom Rakocevic, Ms. Christine Hogarth, Mr. John Vanthof, Mrs. Gila Martow
February 28, 2019
Declared carried. Referred to the Standing Committee on General Government.
Committee
Standing Committee on General Government
Third Reading
Royal Assent
Acts affected - Bill 70
Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws
Fair Access to Regulated Professions and Compulsory Trades Act, 2006
Not-for-Profit Corporations Act, 2010
Ontario Labour Mobility Act, 2009
Ontario Professional Planners Institute Act, 1994
Legislative Assembly of Ontario
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