Bill 27 — Third Session, 24Th Legislature, 48 Elizabeth Ii the Legislative Assembly of Alberta Bill 27 Regulated Forestry Profession Act (Legislature 24, Session 3)

L24 S3 902

Alberta — Bills

1999 BILL 27 Third Session, 24th Legislature, 48 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 27 REGULATED FORESTRY PROFESSION ACT MR. STRANG First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1999 (24th, 3rd) Bill 27, Regulated Forestry Profession Act

Bill 27 Mr. Strang BILL 27 1999 REGULATED FORESTRY PROFESSION ACT (Assented to , 1999) Table of Contents

Interpretation 1

Part 1 Governance C ollege C ollege established 2 C ollege’s role 3 Annual report 4 C ouncil, President and Registrar C ouncil established 5 C ouncil’s role 6 President 7 Registrar 8 C ommittees and Tribunals Registration committee 9 C ompetence committee 10 C ompetence committee appointee 11 Required public members 12 Public members appointed, lists 13 Hearings director, complaints director 14 Membership lists 15 Tribunal, complaint review committee established 16 Tribunal, committee powers, duties 17 Panels C ouncil, committee panels 18 1

Delegation C ouncil delegation 19 Person, committee delegation 20 Officials directory 21

Part 2 Registration Applying for Registration Application for registration 22 Receipt of application 23 Decision on application 24 Review application 25 Review of registration decision 26 Registration Registers of members 27 Register information 28 Register error 29 Registration of regulated members 30 C orporations, partnerships not members 31 Practice Permit Renewal Application date for practice permit 32 C ancellation if application not made 33 Applying for practice permit 34 Review by council 35 Suspension, C ancellation and Reinstatement Suspension, cancellation grounds 36 C ancellation of practice permit 37 Return of suspended or cancelled permit 38 Reinstatement 39 Registration Required Mandatory registration 40 Offence 41 Injunction 42

Part 3 C ontinuing C ompetence C ontinuing competence requirements 43 2

Part 4 Professional C onduct Division 1 C omplaint Process Making a complaint 44 Acting on a complaint 45 Aware of unprofessional conduct 46 Division 2 Alternative C omplaint Resolution Process 47 Evidence 48 Settlement 49 Division 3 Investigations Notice of investigation 50 Investigation scope 51 Investigation powers 52 Proceedings delayed 53 C onditions, suspension during proceedings 54 Report of investigation 55 Notification of action taken 56 Review of dismissal of complaint 57 Hearing to be scheduled 58 Admission of unprofessional conduct 59 Division 4 Hearings and Decisions Bias prevention 60 Investigated person at hearing 61 Witnesses Investigated person’s witnesses 62 C ollege witnesses 63 Notice 64 Rights and obligations of witnesses 65 Hearings C ollege duties in respect of hearing 66 Access to hearing 67 Tribunal at hearing 68 3

Decisions and Records Tribunal decision 69 Previous decisions 70 Orders of tribunal 71 Written decision 72 Service of decision and record of hearing 73 Examination of record 74 Division 5 Appeals Stay pending appeal 75 Appeal within C ollege Appeal to council 76 Scheduling appeal 77 C ouncil’s powers on appeal 78 Appeal to the C ourt C ourt of Appeal 79 Appeal on record 80 Power of C ourt on appeal 81 Application to vary order 82 Division 6 General Non-prejudicial orders 83 C ommissioner for oaths 84

Part 5 Business Arrangements C onducting a Practice Practice arrangements 85 Municipal, settlement licence exemption 86 Advertising 87

Part 6 Other Matters Being suspended 88 Notices and Information Access to regulated members information 89 Notices 90 Record retention 91 4

Evidence Evidence of registration 92 Burden of proof 93 Records, evidence not admissible 94 Liability Liability exemption 95 Ombudsman C omplaints to Ombudsman 96

Part 7 Title Protection Protected words, abbreviations 97 Penalty 98 Injunction 99

Part 8 Regulations, By-laws, C ode of Ethics and Standards of Practice C ouncil regulations 100 By-laws 101 C ode of ethics, standards of practice 102 Lieutenant Governor in C ouncil regulations 103 Transitional regulations 104

Part 9 C onsequential Amendments, Repeals and C oming into Force C onsequential amendment 105 Repeal 106 C oming into force 107

Part 10 Profession-Specific Provisions

Interpretation 108 Schedules

Schedule 1 - Profession of Registered Professional Foresters

Schedule 2 - Profession of Registered Professional Forest Technologists HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 5

Interpretation 1(1) In this Act, (a) “alternative complaint resolution process” means a process to help the complainant, the college and the investigated person settle a complaint; (b) “code of ethics” means a code of ethics adopted by a council under

Part 8; (c) “college” means the college of a regulated profession; (d) “competence” means the combined knowledge, skills, abilities and judgment required to provide professional services; (e) “competence committee” means a competence committee established under this Act; (f) “complaint review committee” means a complaint review committee established under

Part 1; (g) “complaints director” means the complaints director of a college; (h) “conduct” includes

an act or omission; (i) “continuing competence program” means a program of continuing competence provided for in the regulations; (j) “council” means the council of a college; (k) “document” includes recorded information in written, photographic, magnetic, electronic or other form; (l) “former Act” means

an Act that regulated a profession immediately before this Act began to regulate that profession; (m) “former member” means a person who (

i) has had but no longer has a practice permit under this Act, or (ii) has been but has ceased to be a regulated member pursuant to this Act or a member who was regulated under a former Act; (n) “hearing tribunal” means a hearing tribunal established under

Part 1; 6

(o) “hearings director” means the hearings director of a college; (p) “investigated person” means a person with respect to whom (

i) a complaint has been made under

Part 4, or (ii) information has been treated as a complaint in accordance with

section 46, and the proceedings with respect to the complaint or information have not been concluded; (q) “investigator” means the complaints director or other person who conducts an investigation under

Part 4; (r) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (s) “Ombudsman” means the Ombudsman appointed under the Ombudsman Act; (t) “other member” means a non-regulated member of a college registered on a register established under

section 27(1)(b); (u) “practice of forestry” means the development, acquisition or application of scientific principles and practices relating to forestry, products of forested land and integrated management of forested land and includes, without limitation, (

i) the inventory, classification, appraisal and evaluation of forests and forested land, (ii) the development and implementation of programs for harvesting and renewal of forests and forested land, (iii) the conservation, reclamation, improvement or protection of forests, forested land or forest soils for forestry purposes, (iv) the preparation of forest resource management plans, (

v) the development of integrated resource management plans and administration of forested land, (vi) the teaching of forestry at a college, technical institute or university, and 7

(vii) the conducting of research activities related to forestry; (v) “practice permit” means a practice permit issued to a regulated member under

Part 2; (w) “president” means the president of a college; (x) “professional service” means a service provided by a regulated member of a college that comes within the practice of forestry; (y) “public member” means a person appointed as a public member under this Act; (z) “ratified settlement” means a settlement ratified under

section 49(2); (aa) “record of the hearing” means the record described in

section 73(1)(b); (bb) “registrar” means the registrar of a college; (cc) “registration committee” means a registration committee established under

Part 1; (dd) “regulated member” means a person who is registered as a member under

section 27(1)(a); (ee) “regulated profession” means a profession that is regulated by this Act; (ff) “standards of practice” means standards of practice adopted by a council under

Part 8; (gg) “unprofessional conduct” means any or all of the following: (

i) displaying a lack of knowledge of or lack of skill or judgment in the provision of professional services; (ii) contravention of this Act, a code of ethics or standards of practice; (iii) contravention of another enactment that applies to the profession; (iv) representing or holding out that a person was a regulated member and in good standing while the person’s registration or practice permit was suspended or cancelled; 8

(

v) representing or holding out that a person’s registration or practice permit is not subject to conditions when it is or misrepresenting the conditions; (vi) failure or refusal to comply with the requirements of a continuing competence program; (vii) failure or refusal (

A) to comply with an agreement that is part of a ratified settlement, (

B) to comply with a request of or co-operate with an investigator, or (

C) to comply with a notice to attend or a notice to produce under

Part 4; (viii) contravening an order under

Part 4 or conditions imposed on a practice permit; (ix) carrying on the practice of the regulated profession with a person who is contravening an order under

Part 4 or conditions imposed on a practice permit pursuant to

Part 2 or

Part 4; (

x) conduct that harms the integrity of the regulated profession.

(2) In this Act, (

a) a reference to “this Act” includes the regulations under this Act; (

b) a reference to a power and duty includes the power and duty to make a decision; (

c) a reference to conditions includes restrictions and limitations. 9

PART 1 GOVERNANCE College C ollege established 2 A college is a corporation that (

a) is created or continued in a

schedule to this Act, (

b) consists of its regulated members and other members, and (

c) has the capacity and, subject to this Act, the rights, powers and privileges of a natural person. C ollege’s role 3(1) A college must (

a) carry out its activities and govern its regulated members in a manner that protects and serves the public interest, (

b) provide direction to and regulate the practice of the regulated profession by its regulated members, (

c) establish, maintain and enforce standards of practice, registration and continuing competence for the practice of the regulated profession, (

d) establish, maintain and enforce a code of ethics, and (

e) carry on the activities of the college and perform other duties and functions by the exercise of the powers conferred by this Act.

(2) A college must not set professional fees, provide guidelines for professional fees or negotiate professional fees on behalf of any or all of its regulated members.

(3) A college or a council or committee of a college must not be a certified bargaining agent as defined in the Labour Relations Code. Annual report 4(1) A college must submit to the Minister an annual report of its activities in a form acceptable to the Minister that contains the information requested by the Minister, including but not restricted to, (

a) a statement respecting the number of complaints made and their disposition, including the number of hearings closed 10

to the public in whole or in part, the number of appeals and the number of regulated members dealt with under

Part 4; (

b) information respecting registration; (

c) a description of and information about the college’s continuing competence program; (

d) a statement respecting the committees and tribunals established under this Act; (

e) audited financial information or financial information presented in a form and manner satisfactory to the Minister.

(2) On receipt of a report under subsection (1), the Minister must lay a copy of it before the Legislative Assembly if it is then sitting or, if it is not then sitting, within 15 days after the commencement of the next sitting.

(3) The Minister may, to ensure that the requirements of this Act are met, require reports from the college in addition to the annual report under subsection (1). Council, President and Registrar C ouncil established 5(1) The governing body of a college is the council.

(2) The council consists of the president and (

a) the regulated members provided for in the by-laws, (

b) the non-voting members, if any, provided for in the by-laws, and (

c) subject to

section 12(1), the number of public members appointed by the Lieutenant Governor in C ouncil.

(3) The president and the members described in subsection (2)(

a) and (

c) are the voting members of the council.

(4) A member described in subsection (2)(a), (

b) or (

c) continues to hold office after the expiry of the member’s term until the member is reappointed or re-elected or a successor is appointed or elected.

(5) Despite

section 12, if a member described in subsection (2)(a), (

b) or (

c) is not capable of carrying out the powers and duties of a member, the council may continue to carry out its powers and duties until a successor is appointed or elected. 11

C ouncil’s role 6 A council manages and conducts the activities of the college, exercises the rights, powers and privileges and carries out the duties of the college in the name of and on behalf of the college and carries out the powers and duties of the council under this Act and the by-laws. President 7 A council must appoint, elect or provide for the appointment or election of an individual to be president for the purposes of this Act. R egistrar 8 A council must appoint or provide for the appointment of an individual as registrar for the purposes of this Act. Committees and Tribunals R egistration com m ittee 9(1) A council (

a) may establish a registration committee consisting of no fewer than 3 members, the majority of whom must be regulated members, and (

b) if a registration committee is established, must designate a member of that committee to act as chair.

(2) A member of a registration committee continues to hold office after the expiry of the member’s term until the member is reappointed or a successor is appointed.

(3) Despite subsection (1), if a member of a registration committee is not capable of carrying out the powers and duties of a member, the registration committee may continue a review of an application in which the member was participating and may carry out its powers and duties with respect to that review.

(4) A registration committee may, (

a) if provided for in the by-laws, review an application for registration or for a practice permit, and (

b) undertake any other power or duty given to it under this Act or the by-laws. C om petence com m ittee 10(1) A council 12

(

a) may establish a competence committee consisting of no fewer than 3 members, the majority of whom must be regulated members, and (

b) if a competence committee is established, must designate a member of that committee to act as chair.

(2) A council may, by by-law, direct the registration committee to carry out the powers and duties of a competence committee.

(3) A member of a competence committee continues to hold office after the expiry of the member’s term until the member is reappointed or a successor is appointed.

(4) Despite subsection (1), if a member of a competence committee is not capable of carrying out the powers and duties of a member, the competence committee may continue a review of an application in which the member was participating and may carry out its powers and duties with respect to that review.

(5) A competence committee (

a) may make recommendations to the council on continuing competence requirements and the assessment of those requirements, (

b) may assess applications for practice permits, and (

c) may undertake any other power or duty given to it under this Act or the by-laws. C om petence com m ittee appointee 11 A competence committee may appoint a person or persons who have technical expertise or other relevant knowledge to inquire into and report to the competence committee with respect to any matter related to any power or duty of the competence committee. R equired public m em bers 12(1) Twenty-five percent of the voting members of a council, a complaint review committee and a hearing tribunal and of a panel of any of them must be public members, but with the consent of the council the percentage of the public members may be greater than 25%.

(2) Despite the by-laws governing quorum, the number of public members required by subsection (1) must be present at a meeting of a council, a complaint review committee and a hearing tribunal and a panel of any of them. 13

(3) Despite subsection (2), the powers and duties of a council or a panel of council when hearing an appeal under

Part 4 are not affected (

a) by the failure of a public member to attend a meeting of the council, or (

b) by a vacancy in the office of a public member.

(4) Despite subsections (1) to (3), the powers and duties of a council, complaint review committee or hearing tribunal or a panel of any of them are not affected by a vacancy in the office of a public member for up to 2 years from the date that this Act comes into force. Public m em bers appointed, lists 13(1) Subject to subsection (2), the Lieutenant Governor in C ouncil (

a) may, after the Minister has consulted with the affected council, appoint and rescind the appointment of public members to a council, and (

b) may appoint persons to a list of public members for the purpose of establishing complaint review committees and hearing tribunals.

(2) The following are not eligible to be appointed to a list of public members: (

a) with respect to an appointment to a college, a person who is a regulated member of that college; (

b) a person who represents or is normally engaged in representing a group of employees who are regulated members in the negotiation of collective bargaining agreements or in any proceedings under a collective bargaining agreement with respect to regulated members or who negotiates or sets professional fees or guidelines on professional fees on behalf of regulated members of a college.

(3) The public members of a complaint review committee and a hearing tribunal are the persons designated by a hearings director from the list of public members, other than regulated members of the college, established under subsection (1)(b).

(4) A public member may be appointed to a list of public members for a term of up to 3 years and may be reappointed, but may not be appointed for more than 6 consecutive years. 14

(5) A member of a council appointed under subsection (1)(

a) continues to be an appointed member after the expiry of the term of the appointment until the member is reappointed, the member’s appointment is rescinded or a successor is appointed.

(6) Public members under this

section may, at the rates prescribed by the Lieutenant Governor in C ouncil, be paid remuneration for their services by and receive reasonable living and travelling expenses from the Government incurred in the course of their duties as members. H earings director, com plaints director 14(1) A council must provide for the appointment of an individual as a hearings director for the purposes of this Act.

(2) A hearings director may not chair or participate in a hearing, review or appeal under

Part 4.

(3) A council must provide for the appointment of an individual as a complaints director for the purposes of this Act. M em bership lists 15(1) A council must appoint members to a membership list consisting of no fewer than 4 regulated members to be used for appointing members to both hearing tribunals and complaint review committees.

(2) Only regulated members are eligible to be included in a list referred to in subsection (1). Tribunal, com plaint review com m ittee established 16(1) The hearings director may establish a hearing tribunal and a complaint review committee consisting of (a) 2 or more members from the membership list established under

section 15, and (

b) the number of public members required by

section 12(1), and if a hearing tribunal or complaint review committee is established, the hearings director must designate a member of that tribunal or committee to act as chair.

(2) A member of a hearing tribunal or of a complaint review committee continues to hold office after the expiry of the member’s term until the member is reappointed or a successor is appointed.

(3) Despite

section 12(2), if any member of a hearing tribunal or of a complaint review committee is not capable of carrying out the powers and duties of a member, 15

(

a) the hearing tribunal may continue to hold a hearing in which the member was participating and may carry out its powers and duties with respect to that hearing, and (

b) the complaint review committee may continue to review and ratify a settlement under

section 49 and to conduct a review under

section 57 in which the member was participating and may carry out its powers and duties with respect to that settlement or review.

(4) All members of a hearing tribunal or of a complaint review committee are voting members.

(5) The hearings director may direct one or more hearing tribunals or complaint review committees established under this

section to carry out any power or duty that a hearing tribunal or complaint review committee may carry out under this Act. Tribunal, com m ittee pow ers, duties 17(1) A hearing tribunal’s powers and duties include holding hearings under this Act.

(2) A complaint review committee’s powers and duties include reviewing and ratifying settlements under

section 49 and conducting reviews under

section 57. Panels C ouncil, com m ittee panels 18(1) Subject to

section 12, (

a) a person or committee designated by a council may designate 3 or more members of the council to sit as a panel of the council and designate a member of the panel to act as chair, or (

b) the chair of the registration committee and of the competence committee may designate 3 or more members of the registration committee or competence committee to sit as a panel of the registration committee or competence committee and designate a member of the panel to act as chair.

(2) A person or committee designated by a council may direct a panel of the council to carry out the powers and duties of the council with respect to a review under

Part 2 and an appeal under

Part 4.

(3) The chair of the registration committee or of the competence committee may direct a panel of the registration committee or of the competence committee to carry out any power or duty that the 16

registration committee or competence committee may carry out under this Act.

(4) If a member designated under subsection (1) is not capable of carrying out the powers and duties of a member, the panel may continue an appeal or review an application in which the member was participating and may carry out its powers and duties with respect to that appeal or application.

(5) A power or duty carried out by a panel of the council, of the registration committee or of the competence committee is a power or duty carried out by the council, registration committee or competence committee.

(6) Two or more panels of the council, of the registration committee or of the competence committee may carry out their powers and duties simultaneously.

(7) Any reference in this Act or any other enactment to a council, registration committee or competence committee is deemed to be also a reference to a panel of the council, a panel of the registration committee or a panel of the competence committee. Delegation C ouncil delegation 19(1) A council may delegate any of its powers and duties to one or more persons, panels or committees, except the power to make regulations or by-laws and to adopt a code of ethics or standards of practice.

(2) A council may impose conditions on a delegation under subsection (1).

(3) When a council delegates a power or duty, it may authorize the person or committee to further delegate the power or duty, subject to any conditions imposed by the council.

(4) Any reference in this Act or any other enactment to a council is deemed to be also a reference to a delegate and to a delegate of the delegate under this section. Person, com m ittee delegation 20(1) Subject to the by-laws, a person or committee to whom a power or duty is given under this Act or the by-laws may delegate the power or duty to one or more other persons or committees.

(2) A person or committee making a delegation under subsection (1) may impose conditions on the delegation.

(3) Despite subsection (1), 17

(

a) the powers and duties of both a complaints director and a hearings director may not be delegated to the same person, and (

b) a complaint review committee, a hearing tribunal or a council or panel of council may not delegate its powers or duties with respect to a review or appeal under

Part 4.

(4) Any reference in this Act or any other enactment to a person or committee to whom a power or duty is given under this Act is deemed to be also a reference to a delegate of the person or committee under this section. O fficials directory 21(1) A council must establish and keep up-to-date a directory that contains the names of and how to contact (

a) the complaints director and any delegate; (

b) the hearings director and any delegate; (

c) the registrar and any delegate; (

d) the president and any delegate; (

e) the council and any delegate and any delegate of the delegate.

(2) The information under subsection (1) must, on request, (

a) be made available to the public during regular business hours, and (

b) be provided to the Minister.

PART 2 REGISTRATION Applying for Registration Application for registration 22(1) An application for registration as a regulated member is complete for the purpose of consideration under

section 23(3) if it is in the required form and given to the registrar by the applicant along with (

a) evidence of meeting the requirements for competence in the practice of the profession as required by subsection (2), (

b) the fees provided for in the by-laws, 18

(

c) evidence of having the amount and type of professional liability insurance, if insurance is required by the regulations, (

d) evidence of being a C anadian citizen or a person lawfully permitted to work or study in C anada, if required by the regulations, (

e) evidence of having good character and reputation, if required by the regulations, (

f) evidence of meeting standards of language proficiency, if required by the regulations, and (

g) any information required by the registrar for the purposes of

section 27(3).

(2) An applicant must provide evidence of competence in the practice of the profession (

a) by fulfilling one or more of the following as required by the regulations: (

i) education requirements, that may include being enrolled in a program of studies, (ii) experience requirements, (iii) successful completion of examinations, or (iv) holding degrees, certificates or diplomas, (

b) by being registered with a profession in another jurisdiction recognized by the regulations as having substantially equivalent competence and practice requirements and meeting the requirements for persons to be registered with that profession in that jurisdiction and by meeting any additional requirements set out in the regulations, or (

c) by satisfying the registration committee of having, as determined in accordance with the regulations, a combination of education, experience, practice or other qualifications that demonstrates the competence required for registration as a regulated member. R eceipt of application 23(1) The registrar must, as soon as reasonably possible on receipt of an application for registration as a regulated member, give notice to the applicant that the application has been received, whether it is complete and, if it is not complete, how it is not complete. 19

(2) When an incomplete application is made complete by the applicant the registrar must, as soon as reasonably possible, give notice to the applicant that a complete application has been received.

(3) On receipt of a complete application, the registrar, registration committee or competence committee, as provided for in the by-laws, must consider the application and make a decision under

section 24 and notify the applicant of the decision as soon as reasonably possible.

(4) An application for registration as an other member under

section 27(1)(

b) must be considered by the college in accordance with the by-laws. D ecision on application 24(1) On considering a complete application for registration as a regulated member, the registrar, the registration committee or the competence committee, as provided for in the by-laws, must (

a) approve the application, (

b) defer registration if in the opinion of the registrar, registration committee or competence committee it is in the best interest of the public to defer the registration of the applicant until the applicant complies with conditions imposed by the registrar, registration committee or competence committee, or (

c) refuse the application for registration.

(2) The registrar, registration committee or competence committee may impose conditions on an approval under subsection (1)(

a) that in the opinion of the registrar, registration committee or competence committee are in the best interest of the public.

(3) On making a decision under subsection (1), the registrar, registration committee or competence committee must (

a) give notice of the decision to the applicant, (

b) in the case of the registration committee or competence committee, give notice of the decision to the registrar, and (

c) in the case of a decision to impose conditions on a registration, to defer a registration or to refuse an application, give reasons for the decision and notify the applicant as to how the applicant may request a review of the decision under

section 25. 20

(4) An applicant may, on request, review the documents used by and created by the registrar, registration committee or competence committee when considering the applicant’s application.

(5) If the applicant is not notified of the decision under this

section by the date that is 120 days after notice was given under

section 23 that the application for registration was complete, the applicant may request a review under

section 25. R eview application 25(1) An applicant whose application for registration is accepted subject to conditions or whose registration is deferred or whose application is refused by the registrar, registration committee or competence committee may, within 30 days of being given a copy of the decision, request a review by the council in accordance with subsection (3).

(2) An applicant who is not notified of a decision by the date described in

section 24(4) may, within 30 days from that date, request a review by the council in accordance with subsection (3).

(3) A request for a review must (

a) be in writing, (

b) set out the reasons why the application for registration should be approved with or without conditions, and (

c) be given to the registrar, who must give a copy of the request to the council.

(4) On being given a request for a review, the registrar must, within 30 days, notify the applicant of the date, place and time at which the council will conduct the review.

(5) A review must be commenced not later than 60 days after the registrar is given the request for a review.

(6) The college may, in accordance with the regulations, charge a fee for a review. R eview of registration decision 26(1) An applicant and the registrar, registration committee or competence committee may appear with or without counsel and make representations to the council at a review.

(2) On reviewing a decision pursuant to a request for a review under

section 25, the council may (

a) confirm, reverse or vary the decision of the registrar, registration committee or competence committee and make 21

any decision that the registrar, registration committee or competence committee could have made, or (

b) refer the matter back to the registrar, registration committee or competence committee and direct the registrar, registration committee or competence committee to make a further assessment of the application and make a decision under

section 24 on the application, and may make any further order the council considers necessary for the purposes of carrying out the decision.

(3) The council must conduct the review as soon as reasonably possible and on making a decision must give the applicant and the registrar a copy of its decision with the reasons for the decision. Registration R egisters of m em bers 27(1) A council (

a) must establish, in accordance with the regulations, a regulated members register for one or more categories of members who provide professional services of the regulated profession, and (

b) may, in accordance with the by-laws, establish other members registers for one or more categories of non-regulated members.

(2) The name of a regulated member who is suspended remains in the register.

(3) The registrar must enter the following information for each regulated member in the appropriate category of register established under subsection (1)(a): (

a) the full name of the member; (

b) the member’s unique registration number; (

c) any conditions imposed on the member’s practice permit; (

d) the status of the member’s practice permit, including whether it is suspended or cancelled; (

e) information described in

section 89(1) or required by regulation.

(4) The registrar may, in accordance with the regulations, 22

(

a) enter in a register described in subsection (1)(

a) information in addition to that required by subsection (3), and (

b) remove information from a register.

(5) The registrar may, if authorized by the by-laws, enter in a register and remove from the register information about members registered under subsection (1)(b). R egister inform ation 28(1) If a member of the public, during regular business hours, requests information in the register respecting a named regulated member, the college must provide the information described in

section 27(3) with respect to that member.

(2) A college may, in accordance with the regulations or the by-laws, release information about its members in addition to the information referred to in subsection (1). R egister error 29 The council, a hearing tribunal, the registration committee, the complaint review committee or the competence committee may direct the registrar to correct or remove, and the registrar may correct or remove, any entry made in error in a register. R egistration of regulated m em bers 30(1) If an application for registration as a regulated member has been approved, the registrar must assign that member a unique registration number and enter the information required by

section 27(3) in the appropriate register.

(2) On entering the name of a person in the register of regulated members, the registrar must issue the person a practice permit.

(3) A practice permit must include (

a) the name of the regulated member; (

b) the regulated member’s unique registration number; (

c) the name of the college that is issuing the practice permit; (

d) a statement that the practice permit is issued pursuant to the Regulated Forestry Profession Act; (

e) any conditions imposed on the regulated member’s practice permit; (

f) the category of registration if the college has more than one category of regulated member; 23

(

g) the expiry date of the practice permit.

(4) If a college issues a registration document in addition to a practice permit, the college must clearly state on the registration document that it is not a practice permit.

(5) A regulated member must (

a) display the regulated member’s practice permit where the regulated member provides professional services, or (

b) on request, make the regulated member’s practice permit available for inspection. C orporations, partnerships not m em bers 31 A corporation or partnership may not be registered as a regulated member or as an other member. Practice Permit Renewal Application date for practice perm it 32(1) A regulated member must submit a complete application for a practice permit to the registrar periodically by the date provided for in the by-laws.

(2) On receipt of an application for a practice permit, the registrar, registration committee or competence committee, as provided for in the by-laws, must, as soon as possible, consider the application and make a decision under

section 34(2) and notify the applicant of the decision.

(3) A regulated member’s practice permit continues in force if an application for a practice permit has been received by the registrar but a decision on the application has not been made. C ancellation if application not m ade 33 The registrar may, in accordance with

section 37, cancel the practice permit of a regulated member who does not comply with

section 32(1). Applying for practice perm it 34(1) An application for a practice permit is complete for consideration under subsection (2) if it is in the form required and given to the registrar by a regulated member (

a) whose registration is not suspended or cancelled, (

b) who 24

(

i) meets the requirements for continuing competence of applicants for a practice permit provided for in the regulations, or (ii) is enrolled as a student in a program of studies provided for in the regulations or in a substantially equivalent program, (

c) who provides evidence of having the amount and type of professional liability insurance required by the regulations, if insurance is required by the regulations, and (

d) who has paid the practice permit fee provided for in the by-laws.

(2) The registrar, registration committee or competence committee, as provided for in the by-laws, must consider an application for a practice permit and decide whether (

a) to approve the application if the regulated member meets the requirements set out in subsection (1) and issue the member a practice permit subject to any conditions imposed by the registrar, registration committee or competence committee, (

b) to issue a practice permit but to impose conditions for the completion of the continuing competence requirements set out in the regulations within the time specified in the conditions, (

c) to suspend the practice permit of the regulated member until the member has successfully completed the continuing competence requirements set out in the regulations or is enrolled in a program of studies provided for in the regulations or a substantially equivalent program, or (

d) to refuse the application for a practice permit, and must give the regulated member and, in the case of the registration committee or competence committee, give the registrar, a copy of the decision with the reasons for the decision if the application has been refused or if the practice permit has been suspended or has conditions imposed on it, and the registrar may, or the registration committee or competence committee may direct the registrar to, issue the practice permit or suspend the practice permit in accordance with the decision, and notify the regulated member as to how to request a review under

section 35. 25

R eview by council 35(1) An applicant whose practice permit is issued subject to conditions, suspended or refused by the registrar, registration committee or competence committee may, within 30 days of being given a copy of the decision, request a review by giving the registrar a written request for a review that sets out the reasons why the application should be approved with or without conditions.

(2) On being given a request for a review, the registrar must, within 30 days, notify the applicant of the date, place and time at which the council will conduct the review.

(3) A review must be commenced not later than 60 days after the registrar is given the request for a review.

(4) A regulated member whose practice permit is suspended under this

section may apply to the registrar for a stay of the suspension until the council makes a decision under subsection (6), and the person or committee designated by the council must consider and make a decision on the application.

(5) The applicant and the registrar, registration committee or competence committee may appear with or without counsel and make representations to the council at a review.

(6) On completing a review, the council may (

a) confirm, reverse or vary the decision of the registrar, registration committee or competence committee and make any decision that the registrar, registration committee or competence committee could have made, or (

b) refer the matter back to the registrar, registration committee or competence committee and direct the registrar, registration committee or competence committee to make a further assessment of the application for a practice permit and make a decision under

section 34(2) on the application, and may make any further order the council considers necessary for the purposes of carrying out the decision.

(7) The council must give the applicant and the registrar a written copy of its decision under subsection (6) with the reasons for the decision.

(8) The college may, in accordance with the regulations, charge a fee for a review. 26

Suspension, Cancellation and Reinstatement Suspension, cancellation grounds 36 A practice permit may be (

a) suspended in accordance with

section 34, (

b) cancelled in accordance with sections 33 and 37, (

c) suspended or cancelled pursuant to an order under

Part 4, or (

d) cancelled on a request under

section 37(5). C ancellation of practice perm it 37(1) If a regulated member does not apply for a practice permit under

section 32(1), is in default of payment of the practice permit fee or fails to pay a penalty, costs or any other fees, levies or assessments due under this Act or the by-laws, the registrar, after 30 days or a greater number of days, as set out in the notice, after giving notice to the regulated member, may cancel the regulated member’s practice permit.

(2) The notice under subsection (1) must state that the registrar may cancel the registration and practice permit of the regulated member unless a complete application for a practice permit is received, the practice permit fee is paid, and any other penalties, costs, fees, levies or assessments are paid, as indicated in the notice.

(3) If a practice permit is cancelled under subsection (2) only because the practice permit fee or a penalty, cost, fee, levy or assessment is not paid, the registrar may, on its payment, issue or reissue the practice permit.

(4) If the registrar is satisfied that a regulated member has not complied with conditions imposed under

section 34(2) within the time specified, the registrar may refer the matter to the registration committee or competence committee as provided for in the by-laws, and the registration committee or competence committee, on being satisfied that the conditions have not been complied with, may direct the registrar to cancel the member’s registration and practice permit.

(5) The registrar may cancel the registration or practice permit of a regulated member and cancel the registration of an other member on the member’s request. 27

R eturn of suspended or cancelled perm it 38 If the practice permit of a regulated member is suspended or cancelled under this Part or under an order under

Part 4, that person must, on request, send the practice permit to the registrar. R einstatem ent 39(1) A regulated member whose practice permit is cancelled under this Act, other than under

Part 4, may apply for it to be reissued in accordance with the by-laws.

(2) A person whose practice permit is cancelled under

Part 4 may apply for it to be reissued in accordance with the regulations. Registration Required M andatory registration 40(1) A person must apply for registration if the person (

a) is qualified to meet the requirements of

section 22(2) for registration as a regulated member, and (

b) intends to provide any or all of the following: (

i) professional services on public land; (ii) the teaching of the practice of a regulated profession to regulated members and students of the regulated profession; (iii) the supervision of regulated members who provide professional services on public land.

(2) If the registrar is of the opinion that a person who is not a regulated member meets or may meet the requirements of subsection (1)(

a) with respect to the college and provides any or all services described in subsection (1)(b), the registrar may give that person a written request to apply for registration.

(3) A person who receives a request under subsection (2) must give a complete application for registration, except for the application fee, to the registrar within 30 days of receiving the request and the application fee must be paid prior to registration.

(4) This

section does not apply to a person who is (

a) a regulated member of another college, (

b) a student of a regulated profession, or (

c) authorized to provide any services referred to in subsection (1) pursuant to another enactment. 28

O ffence 41(1) A person who meets the requirements of

section 40(1) but does not comply with a request under

section 40(2) is guilty of an offence.

(2) A person who is guilty of an offence under this

section is liable (

a) for a first offence, to a fine of not more than $2000, (

b) for a 2nd offence, to a fine of not more than $4000, and (

c) for a 3rd and every subsequent offence, to a fine of not more than $6000 or to imprisonment for a term of not more than 6 months or to both a fine and imprisonment.

(3) A prosecution under this

section may be commenced within 2 years after the commission of the alleged offence, but not afterwards. Injunction 42 The C ourt of Queen’s Bench, on application by a college by way of originating notice, may grant an injunction enjoining any person who meets the requirements of

section 40(1)(

a) from providing any or all services described in

section 40(1)(

b) if the person is not a regulated member or is not authorized to provide the services pursuant to another enactment.

PART 3 CONTINUING COMPETENCE C ontinuing com petence requirem ents 43(1) A council must provide, by regulation, continuing competence requirements within 5 years from the date that this Act comes into force.

(2) C ontinuing competence requirements must provide for regulated members to maintain competence and to enhance the provision of professional services. 29

PART 4 PROFESSIONAL CONDUCT Division 1 Complaint Process M aking a com plaint 44(1) A person may give a written, signed complaint to the complaints director regarding (

a) a regulated member, or (

b) a former member.

(2) A complaint under subsection (1) is not affected by the person about whom the complaint is made ceasing to be a regulated member before the proceedings with respect to the complaint are completed.

(3) Despite subsection (1)(b), a complaint cannot be made about a former member if 2 years has elapsed since the person became a former member.

(4) Despite subsection (1)(b), a complaint about a former member who was a member under a former Act but has not been a regulated member under this Act may be made under this Part only if discipline proceedings under the former Act could be commenced if that Act were still in force.

(5) If information or a notice is treated as a complaint under

section 46 and acted on under

section 45, the information or notice is deemed to be a complaint. Acting on a com plaint 45(1) Within 30 days of being given a complaint or treating information as a complaint, the complaints director must give notice to the complainant of the action taken with respect to it.

(2) The complaints director (

a) may encourage the complainant and the investigated person to communicate with each other and resolve the complaint, (

b) may make a referral to an alternative complaint resolution process under Division 2, (

c) may request an expert to assess and provide a written report on the subject-matter of the complaint, (

d) may conduct, or appoint an investigator to conduct, an investigation, 30

(

e) if satisfied that the complaint is trivial or vexatious, may dismiss the complaint, and (

f) if satisfied that there is insufficient or no evidence of unprofessional conduct, may dismiss the complaint.

(3) If the complaints director dismisses the complaint, the complaints director must, within 30 days, give notice to the complainant of the dismissal and the right to apply for a review by the complaint review committee under

section 57. Aw are of unprofessional conduct 46 Despite not receiving a complaint under

section 44, but subject to

section 44(3) and (4), if the complaints director has reasonable grounds to believe that the conduct of a regulated member or former member constitutes unprofessional conduct, the complaints director may treat the information as a complaint and act on it under

section 45. Division 2 Alternative Complaint Resolution Process 47(1) The complaints director may, with the agreement of the complainant and the investigated person, refer the complainant and the investigated person to an alternative complaint resolution process provided for in the regulations at any time before the commencement of a hearing by a hearing tribunal.

(2) If the complaints director makes a referral under subsection (1), a regulated member of the college must participate in or conduct the alternative complaint resolution process.

(3) The person who conducts an alternative complaint resolution process must be impartial and must act impartially.

(4) If a report has been prepared under

section 45(2)(

c) with respect to the complaint, the complaints director must submit a copy of the report to the person conducting the alternative complaint resolution process.

(5) The person conducting the alternative complaint resolution process may request an expert to assess and submit a written report on the subject-matter of the complaint or matters arising during the alternative complaint resolution process.

(6) A person who conducts an alternative complaint resolution process may assist in settling a complaint, but if (

a) in the opinion of that person a settlement is not likely to occur, or 31

(

b) the complaints review committee does not ratify the settlement under

section 49, the person must notify the complaints director.

(7) If during the alternative complaint resolution process information is introduced that causes the person conducting the alternative complaint resolution process to believe that the matter is substantially different from the original complaint, the person must notify the complaints director, and the complaints director must decide whether the alternative complaint resolution process may continue or whether the matter must be processed under subsection (8).

(8) On being notified under subsection (6) or

section 49(7)(

b) or on deciding under subsection (7) to process a matter under this subsection, the complaints director must (

a) if an investigation has not been commenced, commence an investigation under Division 3, (

b) if an investigation has been commenced but no report of the investigation has been made, refer the complaint back to the investigator, if available, or appoint another investigator to complete the investigation regarding the complaint and make a report, (

c) dismiss the complaint, or (

d) in all other cases, refer the matter to the hearings director for a hearing. Evidence 48(1) A person who conducts an alternative complaint resolution process must keep any records relating to the process separate from the college records except a ratified settlement.

(2) Any document prepared or generated for the purposes of an alternative complaint resolution process belongs to the person who prepared or generated the document.

(3) Except for information described in

section 47(7) or information that is part of a ratified settlement or a report prepared pursuant to a request under

section 47(5), any communication and evidence arising from anything said, evidence of anything said or evidence of an admission or communication made in the course of an alternative complaint resolution process is confidential and not admissible in any proceedings under this or any other Act or in any action, matter or proceeding before a court 32

(

a) without the written consent of the investigated person and the complainant, and (

b) in the case of written evidence, without the written consent of the person who prepared the written evidence, the investigated person and the complainant. Settlem ent 49(1) If the complainant and the investigated person agree, in writing, to a proposed settlement of a complaint in an alternative complaint resolution process, the person conducting the alternative complaint resolution process must report the settlement to the complaint review committee.

(2) The complaint review committee may, on reviewing a proposed settlement of a complaint referred to it under subsection (1), (

a) ratify the settlement, (

b) with the consent of the complainant and the investigated person, amend the settlement and then ratify the settlement, or (

c) refuse to ratify the settlement.

(3) The complaint review committee must notify the complaints director of its actions under subsection (2).

(4) On being aware that a ratified settlement is not complied with, the complaints director may (

a) treat it as information acted on under

section 45, or (

b) treat it as a complaint and refer it to the hearings director for a hearing.

(5) If the complaints director makes a referral under subsection (4)(b), the information is deemed to be a complaint and the complaints director must notify the complainant and the investigated person.

(6) The college may publish, in accordance with the by-laws, information respecting a complaint and a ratified settlement but may reveal the identity (

a) of the complainant, only with the consent of the complainant and the investigated person, or (

b) of the investigated person, only with the consent of the complainant, 33

and the college must retain a copy of the ratified settlement.

(7) Subject to subsections (4) and (6), if a ratified settlement (

a) relates to all the matters complained of or that arose during the alternative complaint resolution process, no further proceedings under this Part may be taken with respect to those matters, or (

b) relates to only part of the matters complained of or that arose during the alternative complaint resolution process, the person who conducted the alternative complaint resolution process must notify the complaints director of the matters that do not form part of the ratified settlement, and the complaints director must act on it under

section 47(8). Division 3 Investigations N otice of investigation 50(1) If an investigation is to be conducted under this Part, the complaints director (

a) must give the complainant the name of the investigator, and (

b) must, unless it would significantly harm the investigation, give the investigated person the name of the investigator and reasonable particulars of the complaint to be investigated.

(2) If the investigated person is not given the information referred to in subsection (1)(

b) when an investigation is to be conducted, the complaints director must give the information to the investigated person (

a) when there would be no significant harm to the investigation, or (

b) before the investigation is completed, whichever is earlier. Investigation scope 51(1) An investigator may investigate a complaint.

(2) In the course of an investigation under subsection (1), an investigator may investigate matters that are related to the conduct of the investigated person that could give rise to a finding of unprofessional conduct. 34

Investigation pow ers 52(1) An investigator (

a) may, at any reasonable time, (

i) require any regulated member or former member to answer any relevant questions and direct the person to answer the questions under oath, and (ii) require any regulated member or former member to give to the investigator any document, substance or thing relevant to the investigation that the regulated member or former member possesses or that is under the control of the regulated member or former member, (

b) may require any regulated member or former member to give up possession of any document described in clause (

a) to allow the investigator to take it away to copy it, in which case the investigator must return it within a reasonable time of being given it but must return it no later than after a hearing is completed, (

c) may require any regulated member or former member to give up possession of any substance and thing described in clause (

a) to allow the investigator to take it away to examine it and perform tests on it, in which case the investigator must return it, if appropriate and possible, within a reasonable time of being given it but must return it, if appropriate and possible, no later than after a hearing is completed, and (

d) may, at any reasonable time, enter and inspect any work site where a regulated member or former member provides professional services, but if the work site contains a private dwelling place may not enter any part of the work site that is designed to be used as and is being used as a permanent private dwelling place.

(2) The investigator may copy and keep copies of anything given under subsection (1).

(3) The complaints director, on the request of an investigator or without a request if the complaints director is the investigator, may apply to the C ourt of Queen’s Bench for (

a) an order directing any person (

i) to give to the investigator any documents, substances or things relevant to the investigation in 35

the person’s possession or under the person’s control, (ii) to give up possession of any document described in subclause (

i) to allow the investigator to take it away to copy it, in which case the investigator must return it within a reasonable time after receiving it but return it no later than after a hearing is completed, or (iii) to give up possession of any substance or thing described in subclause (

i) to allow the investigator to take it away, examine it and perform tests on it, in which case the investigator must return it, if possible, within a reasonable time of being given it but return it, if possible, no later than after a hearing is completed; (

b) an order directing any person to attend before the investigator to answer any relevant questions the investigator may have relating to the investigation.

(4) An application for an order under subsection (3) may be made without notice if the C ourt is satisfied that it is proper to make the order in the circumstances.

(5) A person may comply with a request to give documents under subsection (1)(a)(ii) or an order under subsection (3)(a)(

i) by giving copies of the documents to the investigator.

(6) If a person gives copies under subsection (5), the person must on the request of the investigator allow the investigator to compare the copies with the original documents. Proceedings delayed 53 If during the investigation the complaints director refers the complainant and the investigated person to an alternative complaint resolution process in accordance with this Part, the investigation and hearing must not proceed unless the complaints director is notified as described in

section 47(6) or makes a decision under

section 47(7). C onditions, suspension during proceedings 54(1) On the recommendation of the complaints director or a hearing tribunal, a person or committee designated by the council may (

a) impose conditions on an investigated person’s practice permit generally or with respect to any area of the practice of that regulated profession, including the condition that the investigated person 36

(

i) practise under supervision, or (ii) practise with one or more other regulated members, or (

b) suspend the practice permit of an investigated person, until the completion of proceedings under this Part.

(2) The investigated person may apply for an order of the C ourt of Queen’s Bench to stay a decision by a person or committee under subsection (1) by filing an originating notice with the C ourt and giving a copy to the registrar. R eport of investigation 55(1) When an investigator concludes an investigation, the investigator must make a report within a reasonable time and, if the investigator is not the complaints director, submit the report to the complaints director.

(2) If, on reviewing a report made under this section, the complaints director determines that the report is not complete or that the investigation was not properly conducted, the complaints director (

a) must direct the investigator, or appoint another investigator, to undertake a further investigation and make a report and submit it to the complaints director, and (

b) may request an expert to assess and prepare a written report on the subject-matter of the complaint or matters arising from the investigation of the complaint.

(3) If, on reviewing a report prepared under this

section or

section 57(5)(b), the complaints director determines that the investigation is concluded, the complaints director must (

a) refer the matter to the hearings director for a hearing, or (

b) dismiss the complaint, if in the opinion of the complaints director (

i) the complaint is trivial or vexatious, or (ii) there is insufficient or no evidence of unprofessional conduct.

(4) Despite subsection (3)(a), if the hearing tribunal has not commenced a hearing and the complaints director learns of new evidence that causes the complaints director to be of the opinion 37

that the complaint is trivial or vexatious or there is insufficient or no evidence of unprofessional conduct, the complaints director may withdraw the complaint from the hearings director and the hearing tribunal and dismiss the complaint. N otification of action taken 56 The complaints director must notify the complainant and the investigated person in writing of the action taken under

section 55(3) and, if the complaint is dismissed, (

a) must give the reasons, and (

b) must notify the complainant in writing of the right to apply to the hearings director for a review under

section 57. R eview of dism issal of com plaint 57(1) A complainant may apply, in writing with reasons, to the hearings director for a review of the dismissal of a complaint within 30 days of being notified of the dismissal under

section 45 or 56.

(2) Despite

section 14(2), on receipt of an application under subsection (1), the hearings director must notify the investigated person, give a copy of the application to the complaint review committee and direct the complaints director to give a copy of the report made under

section 55 to a complaint review committee.

(3) Within 60 days of receipt of a report under subsection (2), a complaint review committee must commence a review of the report and the decision to dismiss the complaint.

(4) A complaint review committee may determine whether the submissions to it with respect to a review under subsection (3) by the complainant and the investigated person must be written, oral or both.

(5) The complaint review committee, on complying with subsection (3), must (

a) refer the matter to the hearings director for a hearing, (

b) direct the complaints director to conduct or appoint an investigator to conduct a further investigation and to prepare a report on the further investigation and submit it to the complaint review committee for its consideration before acting under clause (

a) or (c), or (

c) confirm that the complaint is dismissed if in the opinion of the complaint review committee (

i) the complaint is trivial or vexatious, or 38

(ii) there is insufficient or no evidence of unprofessional conduct.

(6) The complaint review committee must give the complainant and the investigated person written notification, with reasons, of any action taken under subsection (5). H earing to be scheduled 58 Within 90 days of receiving a referral for a hearing, the hearings director must set a date for a hearing with respect to the complaint unless (

a) the complaints director dismisses the complaint under

section 55(4), (

b) the person or committee designated by the council grants, on reasonable grounds, an extension on application by the hearings director, or (

c) the complaints director and the investigated person agree to an extension. Adm ission of unprofessional conduct 59(1) At any time after a complaint has been made but before a hearing tribunal has made a decision as to whether unprofessional conduct has occurred, an investigated person may submit a written admission of unprofessional conduct to the hearings director.

(2) An admission under subsection (1) may not be acted on unless it is acceptable in whole or in part to the hearing tribunal.

(3) If an admission under subsection (1) is accepted in whole or in part by the hearing tribunal, any investigation of the complaint and any alternative complaint resolution process with respect to the complaint are suspended, and the hearing tribunal may hold a hearing to decide (

a) whether the admitted conduct is unprofessional conduct, and (

b) whether any orders are to be made under

section 71(1).

(4) Despite subsection (3), if an admission under subsection (1) does not relate to all the matters complained of or investigated, the remaining matters may be submitted to the complaints director to be treated as information received under

section 46. 39

Division 4 Hearings and Decisions Bias prevention 60 Any person who has investigated, reviewed or made a decision on a complaint or matters related to a complaint may not subsequently sit as a member of a council, tribunal or committee while it is holding a hearing or a review with respect to that complaint. Investigated person at hearing 61(1) The investigated person must appear and may be represented by counsel at a hearing before the hearing tribunal.

(2) The investigated person or counsel for the investigated person may examine any witness appearing before the hearing tribunal. Witnesses Investigated person’s w itnesses 62 The investigated person may call as a witness and cause to be given to any person, including the complainant, a notice to attend or a notice to attend and a notice to produce at the hearing any document, substance or thing related to the subject-matter of the hearing.

C ollege w itnesses 63 The complaints director may request that any person, including the complainant and the investigated person, who in the opinion of the complaints director has knowledge of the subject-matter of the hearing be called as a witness and be given, under

section 66, a notice to attend or a notice to attend and a notice to produce any document, substance or thing related to the subject-matter of the hearing. 64 A notice under

section 62 or 63 must be signed by the hearings director and the college must retain a copy of the notice. R ights and obligations of w itnesses 65(1) A witness, including the investigated person, may be examined under oath, may give evidence on all matters relevant to the hearing before the hearing tribunal and is not excused from answering a question because the answer may (

a) tend to incriminate the witness, (

b) subject the witness to orders under this Part, or (

c) tend to establish the witness’s liability in a civil proceeding or a prosecution under this or any other enactment. N otice 40

(2) If an answer given under subsection (1) by a witness could (

a) incriminate the witness, or (

b) establish the witness’s liability in a court proceeding or proceedings under any enactment, that answer may not be used or received against the witness in a civil proceeding, a prosecution under this Act or proceedings under any other Act, but that answer may be used or received against the witness in proceedings in respect of perjury or giving contradictory evidence under this Act.

(3) A witness must be advised that the hearing is open to the public unless the hearing tribunal directs that the hearing be closed.

(4) If a person who has been given a notice to attend or a notice to attend and a notice to produce in accordance with

section 62 or 66 fails (

a) to attend the hearing, (

b) to produce the items set out in the notice to produce, or (

c) to be sworn or to answer any question that the hearing tribunal directs the person to answer, the college or the investigated person may apply to the C ourt of Queen’s Bench for an order directing the person to comply with the notice.

(5) An application for an order under subsection (4) may be made without notice to the other party if the C ourt is satisfied that it is proper to make the order in the circumstances.

(6) If a witness is outside of Alberta, a judge of the C ourt of Queen’s Bench may, on an application made by the college or the investigated person, without notifying the witness, direct the issuing of a commission for the obtaining of evidence of the witness, but the commission may only be issued and the evidence must be taken in the same manner as under the Alberta Rules of Court. Hearings C ollege duties in respect of hearing 66 The hearings director must (

a) at least 30 days before the hearing, give the investigated person a notice to attend and give reasonable particulars of the subject-matter of the hearing, 41

(

b) prior to the hearing, give the complainant reasonable notice of the date, time and location of the hearing, (

c) as requested under

section 63, give any person a notice to attend, and (

d) as requested under

section 63, give any person who is to produce documents or any substance or thing a notice to attend and a notice to produce. Access to hearing 67(1) A hearing is open to the public unless (

a) the hearing tribunal holds the hearing or part of the hearing in private on its own motion or on an application of any person that the hearing or part of the hearing should be in private (

i) because of probable prejudice to a civil action or a prosecution of an offence, (ii) to protect the safety of the person or of the public, (iii) because not disclosing a person’s confidential personal, health, property or financial information outweighs the desirability of having the hearing open to the public, (iv) because not disclosing confidential forest industry information outweighs the desirability of having the hearing open to the public, (

v) because the presence of the public or complainant could compromise the ability of a witness to testify, or (vi) because of other reasons satisfactory to the hearing tribunal, or (

b) another Act requires that the hearing or part of the hearing be held in private.

(2) If a hearing or part of a hearing is held in private, the hearing tribunal must state the reason why and must include the reason in the record.

(3) Even if a hearing is held in private, 42

(

a) the investigated person and the investigated person’s counsel may attend, (

b) the complainant may attend unless the hearing tribunal directs otherwise, and (

c) the complaints director and counsel for the hearing tribunal, complaints director and college may attend.

(4) Even if a hearing is open to the public, a witness, except for the investigated person, may be excluded from the hearing until the witness has given evidence and has been released or dismissed from the hearing. Tribunal at hearing 68(1) If the hearing tribunal is advised by counsel acting on behalf of the tribunal at a hearing, that counsel must not lead or present evidence at the hearing on behalf of the college or act as counsel for the complaints director.

(2) The hearing tribunal may request an expert to assess and prepare a written report on any matter that in the opinion of the hearing tribunal is relevant to the subject-matter of the hearing.

(3) The hearing tribunal may hear evidence on any other matter that arises in the course of a hearing, but the hearing tribunal must give the investigated person notice of its intention to hear the evidence and on the request of the investigated person must grant an adjournment before hearing the evidence.

(4) If the hearing tribunal is of the opinion that a separate hearing is required with respect to a matter described in subsection (3), the hearing tribunal may (

a) refer the matter as information to the complaints director under

section 46, or (

b) refer the matter to the hearings director for a hearing under

section 58.

(5) Evidence may be given before the hearing tribunal in any manner that it considers appropriate, and it is not bound by the rules of law respecting evidence applicable to judicial hearings.

(6) Despite

section 61(1), if the investigated person does not appear at a hearing and there is proof that the investigated person has been given a notice to attend, the hearing tribunal may (

a) proceed with the hearing in the absence of the investigated person, and 43

(

b) act or decide on the matter being heard in the absence of the investigated person. Decisions and Records Tribunal decision 69(1) The hearing tribunal may decide that the conduct of an investigated person does or does not constitute unprofessional conduct.

(2) If the hearing tribunal is of the opinion that there are reasonable and probable grounds to believe that the investigated person has committed a criminal offence, the hearing tribunal must direct the hearings director to send a copy of the written decision under

section 72 to the Minister of Justice and Attorney General and on the request of the Minister of Justice and Attorney General also send a copy of the record of the hearing. Previous decisions 70 If the hearing tribunal decides that the conduct of an investigated person constitutes unprofessional conduct, the hearing tribunal may request the college to provide it with a copy of any previous decision of unprofessional conduct with respect to the investigated person and a copy of the record of the previous hearing.

O rders of tribunal 71(1) If the hearing tribunal decides that the conduct of an investigated person constitutes unprofessional conduct, the hearing tribunal may make any one or more of the following orders: (

a) caution the investigated person; (

b) reprimand the investigated person; (

c) impose conditions on the investigated person’s practice permit generally or in any area of the practice of the regulated profession, including conditions that the investigated person (

i) practise under supervision, (ii) practise with one or more other regulated members, (iii) not practise in an area of the practice of the regulated profession until the investigated person has completed a specific course of studies or obtained supervised practical experience of a type described in the order, (iv) not practise in an area of the regulated profession, or 44

(

v) report on specific matters to the hearing tribunal, the council or a committee or individual specified in the order; (

d) direct that within the time set by the order the investigated person must pass a specific course of study, obtain supervised practical experience of a type described in the order or satisfy the hearing tribunal or a committee or individual specified in the order as to the investigated person’s competence generally or in an area of the practice of the regulated profession; (

e) suspend the practice permit of the investigated person for a stated period or until (

i) the investigated person has successfully completed a specific course of studies or obtained supervised practical experience of a type described in the order, or (ii) the hearing tribunal or a committee or individual specified in the order is satisfied as to the competence of the investigated person generally or in a specified area of the practice of the regulated profession; (

f) cancel the registration and practice permit of the investigated person; (

g) if, in the opinion of the hearing tribunal, the investigated person’s fees for professional services were improper or inappropriate or the professional services that the investigated person provided were improperly rendered, the hearing tribunal may direct the investigated person to waive, reduce or repay the fee for professional services provided by the investigated person; (

h) direct, subject to the regulations, that the investigated person pay within the time set in the order all or part of the expenses of the investigation or hearing; (

i) direct that the investigated person pay to the college within the time set in the order a fine not exceeding $5000 for each finding of unprofessional conduct or an aggregate amount not exceeding $25 000 for all findings of unprofessional conduct arising out of the hearing; (

j) any order that the hearing tribunal considers appropriate for the protection of the public. 45

(2) The hearing tribunal may, in an order under subsection (1), stay the order or a portion of the order on conditions set out in the order.

(3) If the complaints director is satisfied that a person has not complied with an order under this

section or

section 78(5)(b), the complaints director may (

a) treat the matter as information under

section 46, (

b) refer the matter to the hearings director to

schedule a hearing before the hearing tribunal, or (

c) in the case of non-payment of a fine described in subsection (1)(

i) or expenses described in subsection (1)(

h) or

section 78(6), suspend the practice permit of the person until the fine or expenses are paid in full or the complaints director is satisfied that they are being paid in accordance with an agreement entered into with the person.

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

section are a debt due to the college and may be recovered by the college by an action in debt. W ritten decision 72 The hearing tribunal must, within a reasonable time after the conclusion of a hearing before it, make a written decision on the matter in which it (

a) describes each finding made by it, (

b) states the reasons for each finding made by it, and (

c) states any order made under this Part. Service of decision and record of hearing 73(1) The hearing tribunal must forward to the hearings director (

a) the written decision under

section 72, and (

b) the record of the hearing, consisting of all evidence presented before it, including (

i) the reports, exhibits and documents presented before it, and (ii) a record of the evidence, including all testimony given before it, however recorded.

(2) The hearings director must, on receiving the decision and the record described in subsection (1), give a copy of the decision to 46

(

a) the complaints director and registrar, (

b) the complainant, (

c) the investigated person, and (

d) the Minister of Justice and Attorney General, if so directed under

section 69(2), and notify the investigated person of the right to appeal the decision to the council. Exam ination of record 74(1) The investigated person may examine the record of the hearing and, on paying the reasonable costs of transcribing, copying and delivering the record, receive a copy of it.

(2) The complainant may examine the record of the hearing, except for the part of the record that relates to a part of the hearing that the complainant was directed by the hearing tribunal, under

section 67(3)(b), not to attend, and on paying the reasonable costs of transcribing, copying and delivering that record may receive a copy of it.

(3) The public may examine the decision and the record of the hearing except for the part of the record that relates to a part of the hearing that was held in private and on paying the reasonable costs of transcribing, copying and delivering that decision and record may receive a copy of them. Division 5 Appeals Stay pending appeal 75(1) A decision of the hearing tribunal remains in effect pending an appeal to the council unless the person or committee designated by the council, on written application, stays the decision pending the appeal.

(2) The investigated person may make a written submission with respect to an application under subsection (1).

(3) If the person or committee designated by the council (

a) decides not to stay the decision of the hearing tribunal, or (

b) does not make a decision within 10 days, excluding holidays, of the application, 47

the applicant may apply to the C ourt of Queen’s Bench for a stay of the decision of the hearing tribunal pending an appeal to the council.

(4) A decision of the council remains in effect pending an appeal to the C ourt of Appeal unless the C ourt, on application, stays the decision pending the appeal. Appeal within College Appeal to council 76(1) An investigated person or the complaints director, on behalf of the college, may commence an appeal to the council of a decision of a hearing tribunal by a written notice of appeal that (

a) identifies the appealed decision, and (

b) states the reasons for the appeal.

(2) A notice of appeal must be given to the hearings director within 30 days after the date on which the decision of the hearing tribunal is given to the investigated person.

(3) The hearings director must, on being given a notice of appeal, (

a) give a copy of the notice of appeal, and make a copy of the decision and record of the hearing available, to each member of the council or of the panel of the council hearing the appeal, (

b) ensure that the complaints director, the investigated person and the complainant are given a notice of the hearing of an appeal that states the date, time and place at which the council will hear the appeal, and (

c) ensure that the investigated person and the complaints director are given a copy of the record of the hearing. Scheduling appeal 77(1) A council must, (

a) if conditions have been imposed on the practice permit of the investigated person under

section 71(1)(c)(i), (ii), (iii) or (iv) or if the practice permit of the investigated person has been suspended or cancelled under

section 71(1)(

e) or (f),

schedule the appeal within 45 days after the date of service of the notice of appeal, and (

b) in all other cases,

schedule the appeal within 90 days after the date of service of the notice of appeal. 48

(2) A council may, on the written request of the investigated person or the complaints director, extend the periods referred to in subsection (1) for one or more additional periods, but (

a) in a case to which subsection (1)(

a) applies, no extension may be granted without the consent of the investigated person, and (

b) in a case to which subsection (1)(

b) applies, no extension may be granted without the consent of the investigated person and the complaints director. C ouncil’s pow ers on appeal 78(1) The complaints director and the investigated person may appear and be represented by counsel at an appeal before the council.

(2) Subject to subsection (4)(b), an appeal to the council must be based on the record of the hearing and the decision of the hearing tribunal.

(3) Subject to subsection (4)(b), sections 60, 61(1), 66(

a) and (b), 67, 68(1), (5) and (6) and 69 to 74 apply to proceedings before the council.

(4) The council on an appeal may (

a) grant adjournments of the proceedings or reserve the determination of the matters before it for a future meeting of the council, but no adjournment may be granted without the consent of the investigated person if that person’s practice permit is suspended or cancelled, (

b) on hearing an application for leave to introduce new evidence, direct the hearing tribunal that held the hearing to hear that evidence and to reconsider its decision and quash, confirm or vary the decision, and (

c) draw inferences of fact and make a determination or finding that, in its opinion, should have been made by the hearing tribunal.

(5) The council must, within 90 days from the date of the conclusion of the appeal hearing before it, make a decision and, by order, do any or all of the following: (

a) make any finding that in its opinion should have been made by the hearing tribunal, (

b) quash, confirm or vary any finding or order of the hearing tribunal or substitute or make a finding or order of its own, 49

(

c) refer the matter back to the hearing tribunal to receive additional evidence for further consideration in accordance with any direction that the council may make, or (

d) refer the matter to the hearings director to

schedule it for rehearing before another hearing tribunal, composed of persons who were not members of the hearing tribunal that heard the matter, to rehear the matter.

(6) Subject to the regulations the council may direct the investigated person to pay, within the time set by the council, all or part of the expenses of the appeal in addition to expenses referred to in

section 71(1)(

h) if the investigated person is the appellant.

(7) A fine or expenses ordered or directed to be paid under this

section are a debt due to the college and may be recovered by the college by an action in debt. Appeal to the Court C ourt of Appeal 79(1) An investigated person may appeal to the C ourt of Appeal any finding, order or direction of the council under

section 78.

(2) An appeal under this

section may be commenced (

a) by filing a notice of appeal with the clerk of the C ourt at Edmonton or C algary, and (

b) by giving a copy of the notice of appeal to the complaints director and the complainant within 30 days from the date on which the decision of the council is given to the investigated person. Appeal on record 80(1) The appeal to the C ourt of Appeal must be based on the record of the hearing before the council and the council’s decision, including the reasons for the decision, all of which must be certified by the hearings director.

(2) The hearings director, at the expense of the appellant, must arrange for the preparation of the record of the hearing before the council.

(3) If part of the hearing was held in private, the hearings director must ensure that the part of the record that relates to it is sealed.

(4) The part of a record that is sealed under subsection (3) may be reviewed by the C ourt of Appeal, and the C ourt of Appeal may 50

direct that it remain sealed or that it be unsealed in whole or in part. Pow er of C ourt on appeal 81(1) The C ourt of Appeal on hearing an appeal may (

a) make any finding that in its opinion should have been made; (

b) quash, confirm or vary the finding or order of the council or any part of it; (

c) refer the matter back to the council for further consideration in accordance with any direction of the C ourt; (

d) if the appeal is wholly or partly successful, direct that all or part of the cost of preparation of the record referred to in

section 80 be repaid by the college to the appellant or be applied to reduce the amount of penalties or costs otherwise payable to the college by the appellant.

(2) The C ourt of Appeal may make any award as to the costs of an appeal to it that it considers appropriate. Application to vary order 82 If the time for filing an appeal under this Part has passed or due to a change in circumstances an order under this

Part is impossible to carry out, the person to whom the order is directed or the complaints director may apply to the council for a variation of the order. Division 6 General N on-prejudicial orders 83 A hearings director may make any order with respect to clerical and administrative matters that the hearings director considers necessary to prevent prejudice to the investigated person.

C om m issioner for oaths 84 A complaints director, a person appointed by the complaints director to conduct an investigation and any member of a hearing tribunal, the council or the complaint review committee is conferred with the powers of a commissioner for oaths under the Commissioners for Oaths Act for the purposes of an investigation, hearing, review or appeal under this Part. 51

PART 5 BUSINESS ARRANGEMENTS Conducting a Practice Practice arrangem ents 85 A regulated member is responsible, for the purposes of this Act, the code of ethics and the standards of practice, for how the member provides professional services and complies with this Act, the code of ethics and the standards of practice, and that responsibility is not affected, modified or diminished by the practice arrangements of the regulated member and, without restricting the generality of practice arrangements, practice arrangements include providing professional services as, in relationship to or on behalf of (

a) a self-employed individual, (

b) an employee, (

c) a partner, (

d) a partnership, (

e) a shareholder, (

f) a director, (

g) a corporation, or (

h) an employer. M unicipal, settlem ent licence exem ption 86 No municipality or Metis settlement has the power to require (

a) a regulated member to obtain a licence from the municipality or Metis settlement to practise a regulated profession, or (

b) a corporation or a partnership owned by regulated members to obtain a licence from the municipality or Metis settlement to practise a regulated profession. Advertising 87 A regulated member shall not engage in advertising that is untruthful, inaccurate or otherwise capable of misleading or misinforming the public. 52

PART 6 OTHER MATTERS Being suspended 88 A regulated member whose practice permit is suspended shall not provide professional services unless (

a) the college notifies the regulated member that the suspension is lifted, or (

b) the suspension has expired. Notices and Information Access to regulated m em bers inform ation 89(1) If under

Part 2 or

Part 4 a regulated member’s practice permit is suspended or cancelled, or if conditions are imposed on a regulated member’s practice permit, or if the by-laws authorize release of information when a regulated member receives a reprimand or fine under

Part 4, the registrar (

a) must enter the information on the register, (

b) must enter the information on the regulated member’s practice permit, (

c) must provide the information to the regulated member’s employer, if any, (

d) must provide the information to any Minister who, or an organization specified in the regulations that, administers the payment of fees for the professional services that the regulated member provides, (

e) may provide the information to another college if the registrar knows that the regulated member is also a member of that college, (

f) may provide the information to the governing bodies of any similar profession in other provinces, and (

g) subject to the by-laws, may publish or distribute the information.

(2) If a regulated member applies for a review of a decision under

Part 2 or appeals a decision under

Part 4 and a cancellation or suspension is lifted, imposed conditions are varied or removed or a reprimand is removed, the registrar must provide that information in the same manner as the information on the cancellation, suspension, conditions or reprimand was provided under subsection (1). 53

(3) If a member of the public, during regular business hours, requests from a college information referred to in this

section or

section 30(3), 49(6) or 74(3), or information as to whether a hearing is scheduled to be held or has been held under

Part 4 with respect to a named regulated member, the college must provide the information with respect to that regulated member subject to the payment of costs referred to in

section 74(3) and the period of time provided for in the regulations.

(4) If the governing body of a similar profession in another jurisdiction requests information as to whether a regulated member or a former member is an investigated person, the college may provide the information. N otices 90(1) A notice to attend and a notice to produce must include the date, time and place at which attendance or production is required.

(2) The person who gives a notice to attend or a notice to produce may at any time amend the notice to correct errors or omissions of a minor or clerical nature.

(3) When this Act or the by-laws require that a document or notice be given to any person, the document or notice is sufficiently given if it is given by personal service to that person or sent to that person by certified or registered mail at that person’s address last shown on the register or record of the registrar or, if that is not reasonably possible, then by publishing the document or notice at least twice, and not more than a week apart, in a local newspaper circulating at or near the address last shown for that person in the records of the college. R ecord retention 91 A college must keep, for at least 10 years, (

a) a copy of ratified settlements and admissions of unprofessional conduct, (

b) records of investigations and hearings, and (

c) records of registration applications and reviews. Evidence Evidence of registration 92(1) A certificate purporting to be signed by the registrar that states that, according to the records of the college under this Act or a former Act, a named person was or was not, on a specified day or during a specified period, a regulated member, other member or former member, including the category of membership, is 54

admissible in evidence as prima facie proof of those facts without proof of the registrar’s appointment or signature.

(2) When proof of registration under this Act or a former Act is required, a printed copy of or extract from the register certified by the registrar is admissible in evidence instead of the original register.

(3) A certificate purporting to be signed by a person in that person’s capacity as registrar and bearing the seal of the college is admissible in evidence as prima facie proof of the facts stated in the certificate without proof of the signature of the registrar or the registrar’s appointment.

(4) When (

a) proof that a person is a regulated member under this Act whose practice permit is not suspended or cancelled is required to validate a witness’s evidence, and (

b) a copy of the register or extract from the register certified by the registrar is not available and the production of the original register is not feasible without prejudicial delay to the case or the parties interested, the evidence of the person under oath claiming to be a regulated member whose practice permit is not under suspension or cancelled is admissible in evidence as prima facie proof of those facts. Burden of proof 93 In a prosecution under this Act, the burden of proving that a person is a regulated member or former member is on the accused. R ecords, evidence not adm issible 94(1) Despite any other Act or law except the Ombudsman Act, (

a) a college, (

b) a person who is or was an officer, employee or agent of a college, (

c) a person who conducts or has conducted an investigation or an alternative complaint resolution process under

Part 4, or (

d) a person who is or was a member of a council or a committee or hearing tribunal of a college shall not be required in any proceedings to give evidence relating to any matter that arose in any proceedings under this Act or the by-laws, or to produce any record or thing adduced in evidence in 55

proceedings under this Act or the by-laws or forming part of the records of the college that relate to proceedings under

Part 4, except in (

e) proceedings under this Act, or (

f) a prosecution with respect to perjury or the giving of contradictory evidence. (2) Subsection (1) does not apply to information described in

section 89. Liability Liability exem ption 95(1) No action lies against any of the following in respect of anything done or omitted to be done in good faith pursuant to this Act, the by-laws or any direction of a council: (

a) a college or a person who is or was an officer, employee or agent of a college; (

b) a person who conducts or has conducted an investigation or alternative complaint resolution process under

Part 4; (

c) the council or a person who is or was a member of the council, a committee, a panel or a hearing tribunal of a college; (

d) a person who acts on the instructions of and under the supervision of a person referred to in clauses (

a) to (c).

(2) No action for defamation may be founded on a communication regarding the conduct of a regulated member if the communication is made or is published in accordance with this Act by a college, a person described in subsection (1) or the council, a committee or a hearing tribunal in good faith and in the course of any proceedings under this Act or the by-laws relating to that conduct. Ombudsman C om plaints to O m budsm an 96(1) Any person may make a complaint with respect to anything under this Act in accordance with the Ombudsman Act.

(2) A college, the council or a committee, a tribunal, the registrar, the president, the complaints director and the hearings director of a college and any officer, investigator or person engaged by a college may, on the recommendation of the Ombudsman, 56

(

a) rehear any matter and reconsider any decision or recommendation made by that person or body, and (

b) quash, confirm or vary the decision or recommendation or any part of it.

(3) If a matter is reheard or reconsidered pursuant to subsection (2), the provisions of this Act governing the original hearing or consideration apply to the rehearing or reconsideration.

PART 7 TITLE PROTECTION Protected w ords, abbreviations 97(1) No person or group of persons shall represent or imply that the person is a regulated member or that the group of persons consists of regulated members unless the person is a regulated member or the group of persons consists of regulated members.

(2) No person or group of persons shall use the name of a college, alone or in combination with other words, in a manner that states or implies that the person or group of persons is a college under this Act unless the person or group of persons is a college under this Act.

(3) No regulated member shall use the word “registered” in a manner that states or implies that the member is a regulated member of a regulated profession except in accordance with the regulations.

(4) No person or group of persons shall use the word “regulated” in connection with the name of a regulated profession or professional service or the words “regulated forestry professional” or “regulated forest professional” in a manner that states or implies that the person or group of persons is a college or a regulated member or group of regulated members unless the person or group of persons is a college under this Act or another enactment, the person is a regulated member or the group consists of regulated members.

(5) No person, other than a regulated member, shall use a title, an abbreviation or initials set out in

section 2 of a

schedule to this Act alone or in combination with other words in a manner that states or implies that the person is a regulated member of the college to which

section 2 of the

schedule refers.

(6) No corporation shall use the word “college”, alone or in combination with other words, in a manner that states or implies that the corporation is a college under this Act unless the 57

corporation is a college under this Act or authorized to use the word “college” under another enactment.

(7) No person or group of persons shall use the word “registered” or “regulated” or the words “regulated forestry professional” or “regulated forest professional” alone or in combination with other words in a manner that states or implies that the person is a regulated member or group of regulated members unless the person or group of persons (

a) is a regulated member or consists of a group of regulated members, or (

b) is a person or group of persons authorized to use the word “registered” or “regulated” or the words “regulated forestry professional” or “regulated forest professional” in connection with the practice of forestry by another enactment. Penalty 98 A person who contravenes

section 97 is guilty of an offence and liable (

a) for a first offence, to a fine of not more than $2000, (

b) for a 2nd offence, to a fine of not more than $4000, and (

c) for a 3rd and every subsequent offence, to a fine of not more than $6000 or to imprisonment for a term of not more than 6 months or to both a fine and imprisonment. Injunction 99 The C ourt of Queen’s Bench, on application by a college by way of originating notice, may grant an injunction enjoining any person from doing any act that contravenes

section 97, despite any penalty that may be provided by

section 98 in respect of that contravention.

PART 8 REGULATIONS, BY-LAWS, CODE OF ETHICS AND STANDARDS OF PRACTICE Co uncil regulations 100(1) A council may make regulations (

a) respecting requirements for and applications for registration and practice permits, including but not restricted to 58

(

i) education, experience, enrolment in programs of studies, successful completion of examinations and holding of degrees, certificates and diplomas; (ii) recognizing professions in other jurisdictions for the purposes of

section 22(2)(b); (iii) requirements for the purposes of

section 22(2)(b); (iv) carrying professional liability insurance and governing the minimum amount and type of insurance required to be carried; (

v) providing evidence of being a C anadian citizen or lawfully permitted to work or study in C anada; (vi) providing evidence of having good character and reputation; (vii) providing evidence respecting standards of language proficiency; (viii) for the purposes of

section 22(2)(c), determining the combination of education, experience, practice and other qualifications that demonstrates the competence required for registration as a regulated member; (

b) respecting the evaluation of and establishing or designating the entity that may evaluate the education, training, experience, practice and competence required of applicants for registration as regulated members and of applicants for practice permits; (

c) respecting conditions on practice permits; (

d) establishing and respecting continuing competence programs, including the requirements of those programs; (

e) respecting reinstatement of registration and practice permits cancelled under

Part 4; (

f) respecting the establishment of registers for and respecting categories of regulated members; (

g) imposing conditions on categories of regulated members; (

h) respecting the use of abbreviations and titles within the meaning of the schedules to this Act and the use of the words “registered” and “regulated” and “regulated forestry 59

professional” or “regulated forest professional” by a regulated member or a category of regulated members; (

i) respecting the establishment of a register of regulated members and the entry of information in the register and removal of that information from the register; (

j) respecting information to be provided to the registrar by regulated members; (

k) respecting alternative complaint resolution processes; (

l) respecting the period of time during which a college is obliged to provide information under

section 89(3); (

m) respecting other matters related to this Act.

(2) A regulation under this

section does not come into force unless it has been approved by the Lieutenant Governor in C ouncil. By-law s 101(1) A council may make by-laws (

a) respecting the governance of the college and the management and conduct of its affairs, including the management and carrying out of powers and duties by council, committees, tribunals, panels and other entities; (

b) respecting the appointment, election, establishment and removal of officers, employees, committees, tribunals, panels and other entities and their members, and their powers and duties; (

c) establishing council and respecting the number and selection or election of the voting and non-voting members of council, their terms of office, removal from office and the filling of vacancies; (

d) respecting quorum, procedures at meetings and the holding of meetings of the council, committees, tribunals and other entities by mail, telephone conference or audiovisual or other electronic means; (

e) establishing how or by whom expenses and remuneration payable to members of the council, committees, tribunals and other entities are determined; (

f) respecting the establishment of registers of other members and the entry of information in the registers and the removal of that information; 60

(

g) respecting other members, including transitional provisions respecting such members under a former Act; (

h) establishing the date by which regulated members are to apply for practice permits and providing for reinstatement of registration and practice permits cancelled under this Act except those cancelled under

Part 4; (

i) respecting benefits programs and educational incentives; (

j) respecting forms and notices; (

k) respecting costs, fees, levies and assessments to be paid by regulated members and applicants with respect to registration, practice permits and late payment fees under this Act or the by-laws and for any review, appeal, thing or service provided by the college under this Act or the by-laws; (

l) respecting the publication and distribution of information described in sections 49(6) and 89(1); (

m) respecting the approval of by-laws; (

n) respecting the development of or adoption of a code of ethics and standards of practice.

(2) The Regulations Act does not apply to by-laws under this section. C ode of ethics, standards of practice 102(1) A council may, in accordance with procedures set out in the by-laws, develop or propose the adoption of a code of ethics and standards of practice for a regulated profession.

(2) A college must provide, for review and comment, a copy of a proposed code of ethics and proposed standards of practice to (

a) its regulated members, (

b) the Minister, and (

c) any other persons the council considers necessary.

(3) A council may adopt a code of ethics and standards of practice after it has reviewed and considered the comments received from a review described in subsection (2).

(4) The Regulations Act does not apply to codes of ethics and standards of practice approved under this section. 61

(5) The college must ensure that copies of the code of ethics and other standards of practice adopted under subsection (3) are readily available to the public and regulated members, and the copies may be distributed in the manner directed by the council. Lieutenant G overnor in C ouncil regulations 103 The Lieutenant Governor in C ouncil may make regulations (

a) respecting expenses for the purposes of sections 71(1)(

h) and 78(6); (

b) respecting fees under sections 25(6) and 35(8). Transitional regulations 104(1) The Lieutenant Governor in C ouncil may make regulations (

a) respecting the conversion to this Act of anything from a former Act, including the

interpretation of any transitional provision in this Act; (

b) to remedy any confusion, difficulty, inconsistency or impossibility resulting from the transition to this Act from a former Act.

(2) A regulation made under subsection (1) may be made retroactive to the extent set out in the regulation.

(3) If there is a conflict between a regulation made under subsection (1) and a provision in a

schedule to this Act, the regulation prevails.

(4) A regulation made under subsection (1) is repealed on the earliest of (

a) the coming into force of an amendment that adds the subject-matter of the regulation to this Act; (

b) the coming into force of a regulation that repeals the regulation made under subsection (1); (c) 2 years after the regulation comes into force.

(5) The repeal of a regulation under subsection (4)(

b) or (

c) does not affect anything done, incurred or acquired under the authority of the regulation before the repeal of the regulation. 62

PART 9 CONSEQUENTIAL AMENDMENTS, REPEALS AND COMING INTO FORCE C onsequential am endm ent 105 The O m budsm an A ct is amended (

a) in

section 1 by adding the following after clause (b): (b.1) “forestry college” means (

i) a college as defined in the Regulated Forestry Profession Act; (ii) a council, complaint review committee, competence committee, registration committee, hearing tribunal, panel, investigator, registrar, president, complaints director and hearings director, within the meaning of the Regulated Forestry Profession Act; (iii) an officer of and a person engaged by a college under the Regulated Forestry Profession Act; (b.2) “forestry registrar” means a registrar as defined in the Regulated Forestry Profession Act; (

b) in

section 11(1) by adding “or by a forestry college,” after “or member thereof”; (

c) in

section 15 (

i) in subsection (1) by striking out “department or the administrative head of the agency” and substituting “department, administrative head of the agency or forestry registrar”; (ii) in subsections (2) and (3) by adding “or forestry registrar” after “Minister” wherever it occurs; (iii) in subsection (4) (

A) by striking out “agency” and substituting “agency or forestry college”; (

B) by striking out “head of the agency” and substituting “head of the agency or forestry registrar”; (

d) in

section 17 63

(

i) in subsection (1) by striking out “agency” wherever it occurs and substituting “agency or forestry college”; (ii) in subsection (2) (

A) by striking out “head of the agency” and substituting “head of the agency or the forestry registrar or the person who produced the document, paper or thing”; (

B) by striking out “as quickly” and substituting “or forestry college or person as quickly”; (iii) in subsection (3)(

a) by striking out “agency” and substituting “agency or forestry college”; (

e) in

section 20 (

i) in subsection (3) (

A) by striking out “concerned,” and substituting “concerned or to the appropriate forestry registrar”; (

B) by striking out “to notify” and substituting “or forestry registrar to notify”; (ii) by adding the following after subsection (3):

(3.1) If within a reasonable time after the report is made under subsection (3) to a forestry registrar no action is taken that seems to the Ombudsman to be adequate and appropriate, the Ombudsman may, after considering the comments, if any, made by or on behalf of the forestry college, send a copy of the report to the appropriate Minister. (iii) in subsection (4) (

A) by adding “to the Minister and department, agency or forestry registrar under subsection (3) and to the appropriate Minister under subsection (3 .1)” after “report is made”; (

B) by striking out “agency” and substituting “agency or forestry college”; (iv) in subsection (5) by striking out “agency” and substituting “agency or forestry college”; 64

(

f) in

section 21(1) by striking out “20(3) and” and substituting “20(3) or (3.1) and”; (

g) in

section 25 (

i) in subsection (1) by striking out “agency” and substituting “agency or forestry college”; (ii) in subsection (2) by adding “or the forestry college” after “agency”; (

h) in

section 27 (

i) in subsection (2) by striking out “agency” and substituting “agency or forestry college,”; (ii) in subsection (3) (

A) by striking out “or” at the end of clause (

b) and adding the following after clause (b): (b.1) any forestry college, or (

B) by adding “forestry college,” after “that department, agency,”. R epeal 106 The Forestry Profession Act is repealed. C om ing into force 107 This Act comes into force on Proclamation.

PART 10 PROFESSION-SPECIFIC PROVISIONS

Interpretation 108(1) In this Part, “proceedings” means all of the steps and procedures that are available under a former Act to investigate or inquire into conduct and to resolve a complaint, including any of the following that relate to the investigation, inquiry or complaint: (

a) receipt of complaints; (

b) consideration of complaints; (

c) deliberations; (

d) consultations; (

e) mediation settlements and other alternative complaint resolution processes; 65

(

f) investigations; (

g) inquiries; (

h) reports; (

i) hearings; (

j) findings; (

k) decisions; (

l) reviews; (

m) appeals; (

n) orders; (

o) any other act of an administrative or quasi-judicial nature.

(2) Despite

section 1(2), in the schedules a reference to “this Act” includes the regulations and by-laws under this Act.

(3) For the purposes of clarification, sections 18(7) and 19(4) apply to the schedules.

(4) For the purposes of the schedules, a hearing or appeal is concluded if a decision has been made and an order, if any, has been made.

SCHEDULE 1 PROFESSION OF REGISTERED PROFESSIONAL FORESTERS 1 On the coming into force of this Act, the corporation known as The Alberta Registered Professional Foresters Association is continued as a corporation under the name the C ollege of Alberta Professional Foresters. 2 A regulated member of the C ollege of Alberta Professional Foresters may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) “Registered Professional Forester”, “R.P.F.” or “RPF”; (b) “Registered Forester”, “R.F.” or “RF”; (c) “Professional Forester”, “P.For.” or “PFor”; 66

(d) “Forester-in-training”, “F.I.T.” or “FIT”. 3 In their professional practice, registered professional foresters carry on the practice of forestry. 4 On the coming into force of this Act, (

a) the members of the Board of Directors of The Alberta Registered Professional Foresters Association under the Forestry Profession Act continue as members of the council of the C ollege of Alberta Professional Foresters under this Act for the same terms of office unless their terms are terminated earlier under this Act; (

b) the Registrar of The Alberta Registered Professional Foresters Association under the Forestry Profession Act continues as the registrar of the C ollege of Alberta Professional Foresters under this Act for the same term of office unless the term is terminated earlier under this Act; (

c) the President of The Alberta Registered Professional Foresters Association under the Forestry Profession Act continues as the president of the C ollege of Alberta Professional Foresters under this Act for the same term of office unless the term is terminated earlier under this Act; (

d) the members of the Practice Review C ommittee of The Alberta Registered Professional Foresters Association under the Forestry Profession Act continue as members of the competence committee under this Act for the same terms of office unless their terms are terminated earlier under this Act; (

e) the members of the Registration C ommittee of The Alberta Registered Professional Foresters Association under the Forestry Profession Act continue as members of the registration committee under this Act for the same terms of office unless their terms are terminated earlier under this Act; (

f) if a notice is served on an investigated person under

section 28 of the Forestry Profession Act and a hearing has commenced but not concluded, the members of the Discipline C ommittee under the Forestry Profession Act continue as members of the Discipline C ommittee for the purposes of the hearing until it is concluded as if this Act had not come into force and the former Act had not been repealed. 67

5 On the coming into force of this Act, a person who is registered as a registered professional forester and holds an annual certificate under the Forestry Profession Act and a person who is registered as a forester-in-training under the Forestry Profession Act are deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the C ollege of Alberta Professional Foresters under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. 6(1) On the coming into force of this Act, an application for registration or for reinstatement as a registered professional forester or for an annual certificate made under the Forestry Profession Act that has not been concluded must be concluded in accordance with that Act.

(2) For the purposes of subsection (1), the powers and duties (

a) of the Registrar under the Forestry Profession Act are vested in and may be exercised by the registrar of the C ollege of Alberta Professional Foresters under this Act, and any reference to the Registrar in the Forestry Profession Act or the regulations under that Act is deemed to be a reference to the registrar under this Act; (

b) of the Registration C ommittee and of the Universities C o-ordinating C ouncil under the Forestry Profession Act are vested in and may be exercised by the registration committee of the C ollege of Alberta Professional Foresters under this Act, and any reference to the Registration C ommittee or the Universities C o-ordinating C ouncil in the Forestry Profession Act or the regulations under that Act is deemed to be a reference to the registration committee under this Act; (

c) of the Board of Directors under the Forestry Profession Act are vested in and may be exercised by the council of the C ollege of Alberta Professional Foresters under this Act, and any reference to the Board of Directors in the Forestry Profession Act or the regulations under that Act is deemed to be a reference to the council under this Act.

(3) A person who is registered, reinstated or issued an annual certificate under this

section is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the C ollege of Alberta Professional Foresters under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. 68

7(1) On the coming into force of this Act, an inquiry by the Practice Review C ommittee under the Forestry Profession Act that has not been concluded must be concluded in accordance with that Act.

(2) For the purposes of subsection (1), the powers and duties (

a) of the Practice Review C ommittee under the Forestry Profession Act are vested in and may be exercised by the competence committee of the C ollege of Alberta Professional Foresters, and any reference to the Practice Review C ommittee in the Forestry Profession Act is deemed to be a reference to the competence committee under this Act; (

b) of the Discipline C ommittee under the Forestry Profession Act are vested in and may be exercised by the complaints director of the C ollege of Alberta Professional Foresters, and any reference to the Discipline C ommittee in the Forestry Profession Act is deemed to be a reference to the complaints director under this Act; (

c) of the Board of Directors under the Forestry Profession Act are vested in and may be exercised by the council of the C ollege of Alberta Professional Foresters, and any reference to the Board of Directors in the Forestry Profession Act is deemed to be a reference to the council under this Act. 8(1) Any complaint made on or after the coming into force of this Act that relates to conduct occurring all or partly before the coming into force of this Act must be dealt with under this Act.

(2) On the coming into force of this Act, any proceedings with respect to a complaint made before the coming into force of this Act under the Forestry Profession Act that have not been concluded must be concluded in accordance with that Act.

(3) Subject to

section 4(

f) of this

Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (

a) of the Registrar of The Alberta Registered Professional Foresters Association under the Forestry Profession Act, except under sections 28 and 34, are vested in and may be exercised by the complaints director of the C ollege of Alberta Professional Foresters, and any reference to the Registrar in the Forestry Profession Act, except in sections 28 and 34, is deemed to be a reference to the complaints director under this Act; 69

(

b) of the Registrar under sections 28 and 34 of the Forestry Profession Act are vested in and may be exercised by the hearings director of the C ollege of Alberta Professional Foresters, and any reference to the Registrar in

section 28 or 34 of the Forestry Profession Act is deemed to be a

Document details

Collection	Alberta — Bills
Citation	L24 S3 902
Type	bill
Volume / chapter	L24 S3 902
Language	en
Format	json
Source	PROVINCIAL
Identifier	4deeba9d7a7b568e2fe9cae0ae0d6a12890d1667

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