An Act respecting the Supply Chain Management Association Ontario — Private Bill PR19 (41st Parliament, 1st Session)

Bill PR19, 41-1

Ontario — Bills

1ST SESSION, 41ST LEGISLATURE, ONTARIO 64 ELIZABETH II, 2015 Bill Pr19 (Chapter Pr6 Statutes of Ontario, 2015)

An Act respecting the Supply Chain Management Association Ontario Mr. L. Rinaldi 1st Reading May 11, 2015 2nd Reading June 4, 2015 3rd Reading June 4, 2015 Royal Assent June 4, 2015 Printed by the Legislative Assembly of Ontario

Bill Pr19 2015

An Act respecting the Supply Chain Management Association Ontario

Preamble The Supply Chain Management Association Ontario has applied for special legislation to enable it to re- peal the legislation that cu rrently governs it and to replace it with legislation under its current name that does the following: amends its objects, moves the corporate governance provisions into the by -laws, continues to grant to all its members who meet the qualifications the righ t to the exclusive use of the designations “Certified Supply Chain Management Professional” and “CSCMP” and to certain members the additional right to the exclusive use of the desi g- nations “Certified Professional Purchaser” and “C.P.P” and continues to allow it to govern and di s- cipline its members .

The applicant was incorporated by letters patent dated January 8, 1987 under the name the Ontario Institute of the Purchasing Ma n- agement Association of Canada Inc. and was conti n- ued under that name as a corporat ion without share capital by the Ontario Institute of the Purchasing Management Association of Canada Inc. Act, 1987 . The 1987 Act was amended by the Ontario Institute of the Purchasing Management Association of Can a- da Inc. Act, 2010 . The applicant’s nam e was changed by supplementary letters patent dated N o- vember 20, 2013 to its current name. It is appropriate to grant the application.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions 1. In this Act, “Association” means the Supply Chain Management Association Ontario; “board” means the board of directors of the Associ a- tion; “by-laws” means the by-laws of the Association. Association continued 2.

(1) The Association is continued as a corpor a- tion without share capital under the same name. Membership

(2) The Association is composed of the members of the board and the members of the Association. Continuation of present board, officers

(3) The members of the board and the officers of the Association in office immediately before this Act comes into force are continued in office until their successors are elected or appointed in accordance with this Act and the by-laws. References to prior name

(4) Any referen ce in

an Act, regulation or doc u- ment to the Ontario Institute of the Purchasing Ma n- agement Association of Canada Inc. shall be read as a reference to the Supply Chain Management Associ a- tion Ontario. Objects 3. The objects of the Association are, (

a) to promote the education and development of its members in the field of supply chain ma n- agement; (

b) to establish and encourage the application of high standards of ethical conduct among its members; (

c) to disseminate knowledge of the theories, practices, strategies and evolution of supply chain management; and (

d) to promote awareness of the important role of supply chain management in society, as well as the career potential within the field. Board 4.

(1) The affairs of the Association shall be ma n- aged by the board. Powers

(2) The following shall be determined by the by - laws: 1. The size and composition of the board. 2. The qualifications, nomination and election or appointment of the members of the board. 3. The terms of office of the members of the board. 4. The declaration and filling of vacancies on the board.

2 SUPPLY CHAIN MANAGEMENT ASSOCIATION ONTARIO ACT, 2015 5. The composition, terms of reference and pr o- cedures of the committees required by this Act or the by-laws. 6. The calling, holding and conducting of mee t- ings of the board, of the committees of the As- sociation and of the members of the Associ a- tion. 7. The election or appointment and removal of the officers of the Association, and their d u- ties. 8. Any other matters relevant to the Association’s corporate governance. Registrar 5.

(1) The Association shall appoint a Registrar, who shall perform the functions assigned to him or her by this Act and such other duties as may be a s- signed by the board. Register

(2) The Registrar shall maintain a register in which shall be entered the name s of all the members in good standing of the Association and all the me m- bers who are entitled to use the designations set out in

section 8. Effects of registration

(3) Only those persons registered as members of the Association are entitled to the privil eges of mem- bership in the Association and only those persons registered as being entitled to use the designations set out in

section 8 are entitled to do so. Public inspection of register

(4) The register must be available for public i n- spection at the he ad office of the Association during normal office hours, but any officer or employee of the Association may refuse any person access to the register if there is cause to believe that the person is seeking access primarily for commercial purposes or purposes unrelated to a particular supply chain ma n- agement professional’s business or profession. By-laws 6.

(1) The board may pass by -laws relating to the administrative and domestic affairs of the Associ a- tion not inconsistent with this Act and, without limi t- ing the generality of the foregoing, (

a) prescribing the qualifications for and cond i- tions of registration for students; (

b) prescribing a curriculum and courses of study to be pursued by students and the subjects u p- on which students shall be examined; (

c) establishing and prescribing classes of me m- bership, the qualifications for admission to each class of membership, the conditions for continued membership and the privileges and limitations of membership, as are necessary and in the public interest; (

d) prescribing the education, experience and con- tinuing qualification requirements, including a maintenance of professional certification pr o- gram, to be entitled to use the professional designations set out in

section 8; (

e) regulating and governing the co nduct of mem- bers of the Association in the practice of their business or profession by prescribing a code of ethics, rules of professional conduct and standards of practice and governing the form, use, issuance and ownership of seals; (

f) providing for and governing the consideration of complaints to the Association about the conduct of its members in the practice of their business or profession, including providing procedures for making, receiving, reviewing and resolving complaints and the establis h- ment of a committee for that purpose , which may be combined with the committee required by clause (g); (

g) providing for and governing the discipline, suspension, expulsion or other penalty for pr o- fessional misconduct, incapacity, incomp e- tence or failure to pa y any required fee, co m- pensation fund levy or insurance premium, i n- cluding providing procedures and the esta b- lishment of a committee for that purpose, which may be combined with the committee required by clause (f); (

h) requiring the payment of fees by me mbers to the Association and prescribing the amount of the fees and their manner and time of payment; (

i) authorizing the making of grants for any pu r- pose that may tend to advance supply chain management knowledge and education, i m- prove standards of pract ice in supply chain management and support and encourage public information and interest in the past and present role of supply chain management in society; (

j) governing the acquisition, management and disposition of the property of the Association; (

k) providing for the matters set out subsection 4 (2). Public availability of by-laws

(2) The Association shall, (

a) make the by-laws available for public inspe c- tion at the Association’s head office during normal office hours; and (

b) post the by-laws on the Association’s public website. Membership 7.

(1) The Association shall grant membership in the Association, for a term as set out in the by -laws, to any individual who applies for membership in a c- cordance wit h the by -laws if the individual satisfies

SUPPLY CHAIN MANAGEMENT ASSOCIATION ONTARIO ACT, 2015 3 the requirements for membership set out in the by - laws. Renewal of membership

(2) The Association shall renew membership in the Association, for a term as set out in the by -laws, to any individual who applies for renewal in accor d- ance with the by -laws i f the individual satisfies the requirements for membership and renewal set out in the by-laws. Resignation

(3) A member may resign his or her membership in the Association by giving a written notice of resi g- nation to the Registrar, and the resignation sh all be effective on the day it is received by the Registrar or on a later day specified in the notice. Suspension

(4) An individual whose membership in the Ass o- ciation is suspended is not a member of the Associ a- tion for the period of the suspension. Continuing jurisdiction — resignation, expiry, suspension, revocation

(5) An individual who resigns his or her membe r- ship in the Association or whose membership in the Association is expired, suspended or revoked contin- ues to be subject to the jurisdiction o f the Association for professional misconduct, incompetence or inc a- pacity referable to any time before the resignation , expiry, suspension or revocation or any time during which his or her membership was suspended. Restoration of membership

(6) The board may by resolution direct that the membership of an individual whose membership was suspended or revoked through disciplinary procee d- ings be restored , subject to any terms or conditions that the board considers appropriate. Proxy voting

(7) At any meeting of the members of the Associa- tion, members may be represented and vote by proxy, but no proxy shall be exercised by a person who is not a member of the Association. Designations and seal 8.

(1) Every member of the Association who meets the academic, experience and continuing quali- fication requirements set out in the by-laws for the use of designations may use the designations “Cert i- fied Supply Chain Management Professional” or “CSCMP”, or both, and may use a seal in a form pr o- vided by the by-laws. Same

(2) An individual who is a member of the Associa- tion immediately before the day this Act receives Royal Assent and who meets the continuing qualif i- cation requirements set out in the by -laws for the use of designations may also continue to use the desig na- tions “Certified Professional Purchaser” or “C.P.P.”, or both. Offence

(3) Any person in Ontario who is not a member of the Association in good standing who is entitled by subsection (1) or (2) to use the designations set out in those subsections is guilty of an offence, (

a) if that person takes or uses any of th ose desig- nations, alone or in combination with any ot h- er word, name, title, initial or description; or (

b) if that person implies, suggests or holds out that he, she or it is a member of the Associa- tion in good standing. Order prohibiting contravention 9.

(1) Upon application by the Association, the Superior Court of Justice may make an order prohi b- iting a person from contravening subsection 8 (3), if the court is satisfied that the person i s contraven ing or has contravened that subsection. No prosecution or conviction required

(2) An order may be made under subsection (1) whether or not the person has been prosecuted for or convicted of the offence of contravening subsection 8 (3). Variation or discharge

(3) Any person may apply to the Superior Court of Justice for an order varying or discharging an o rder made under subsection (1). Evidence 10.

(1) A copy of the register, certified b

Document details

Collection	Ontario — Bills
Citation	Bill PR19, 41-1
Type	bill
Volume / chapter	p41 s1 bill pr19 bill text 41 1 en pr019ra.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	5bb4dab593d4e3e6d165f9d81b5f881d662cce69

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