Fourth

Session, 46th General Assembly

Elizabeth II, 2011

BILL 27

AN ACT RESPECTING

FORESTRY PROFESSIONS

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE SHAWN SKINNER

Minister of Natural Resources

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would

establish the Association of

Registered Professional Foresters of Newfoundland and Labrador ;

provide the requirements for registration;

provide for the protection of

the titles "registered professional forester", "registered

forester", "professional forester" and "forester in

training"; and

provide for a disciplinary

process.

A BILL

AN ACT RESPECTING FORESTRY PROFESSIONS

Analysis

Short title

Definitions

Association established

Objects

Membership

Fees

Meetings

Council

Public appointee

Resignation

Vacancy

Officers and employees

Committees

Bylaws

Members

Register

Registration

Admissions

Committee

Delegation and review

Professional seals

Protection of title

Interpretation re discipline provisions

Allegation

Proceedings against former members

Professional conduct committee

Investigation

Discipline committee

Discipline hearing

Disciplinary powers

Duty to report

Suspension

Appeal to court

Effect of appeal

Effect of expulsion or suspension

Reinstatement

Immunity

Offence and penalty

Limitation of prosecution

Report of termination of employment

Annual register

Annual report

Compliance

Service of notices, etc.

Regulations

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Foresters Act .

Definitions

2. In

this Act

(a) "association"

means the Association of Registered Professional Foresters of Newfoundland and Labrador as established under

section 3 ;

(b) "bylaws"

means the bylaws of the association made under

section 14 ;

(c) "council"

means the council of the association;

(d) "court"

means the Trial Division;

(e) "forest

land" means publicly owned or privately owned forest land;

(f) "forester-in-training" means a person who is registered

with the association as a forester-in-training;

(g) "member"

means a member of the association;

(h) "minister"

means the minister appointed under the Executive

Council Act to administer this Act;

(i) "professional forester" means a person who is registered with the association

as a professional forester;

(j) "professional practice of forestry" means the application

of scientific principles to the management of forest ecosystems including,

(

i) planning, directing and monitoring sustainable forest management,

(ii) designing, specifying or approving methods for, or directing the

undertaking of

(

A) conservation and reclamation of forests and

forest land,

(

B) evaluation of forests and forest land,

(

C) classification and inventory of forests and

forest land,

(

D) silvicultural prescriptions and treatments of

forests and forest land, including timber harvesting,

(

E) protection of forests and forest land,

(

F) planning, locating and approving forest

transportation systems including forest roads,

(

G) teaching forestry subjects at university and

technical levels, and

(

H) research pertaining to the management of forests

and forest land;

(iii) assessing the impact of planned activities on forests and forest

land, and

(iv) providing advice, performing or directing works, services of

undertakings whether or not in return for a fee or remuneration;

(k) "register"

means the register kept under

section 16 ; and

(l) "registrar" means the registrar appointed under

section 12 .

Association established

3. The Association of Registered Professional Foresters

of Newfoundland and Labrador is established as

a corporation without share capital for the purpose of

Part XXI of the Corporations Act .

Objects

4. The objects of the association are

(

a) to

establish and maintain high standards of professional ethics and excellence for

members in the professional practice of forestry;

(

b) to

assure the general public of the knowledge, skill, proficiency and competency

of members in the professional practice of forestry;

(

c) to

promote and improve the knowledge, skill, proficiency and competency of members

in all matters relating to the professional practice of forestry; and

(

d) to

foster the professional practice of forestry by members in a manner that is in

the public interest of the people of the province.

Membership

5. The membership of the association consists of

those persons who are admitted as members of the association under this Act, the

regulations and the bylaws.

Fees

(1) In prescribing the fees payable under

this Act, the council shall, so far as it is practicable, ensure that the

amount of fees is sufficient to enable it to discharge the duties of the association

under this Act.

(2) All money received by the association shall be

applied by it to its duties under this Act.

Meetings

(1) An annual meeting of the association shall

be held at the time and place that is determined by the council in accordance

with the bylaws.

(2) A

special meeting of the association for the transaction of the business that is specified

in the resolution or demand shall be held

(

a) on

resolution of the council; or

(

b) on

the demand, in writing, of the number of members specified in the bylaws.

(3) The

procedure at an annual or special meeting shall be determined by the bylaws.

(4) The

registrar shall send a notice of an annual meeting or special meeting to each

member at least 10 days before the meeting.

Council

(1) The council shall manage and regulate

the affairs and business of the association.

(2) The

council shall consist of

(a) 5

members elected from and by members of the association in accordance with the

bylaws; and

(

b) the

person appointed under

section 9 .

(3) A quorum of the council is 4 members.

(4) Members

of council elected under paragraph (2)(

a) are entitled to remuneration and

reimbursement for expenses in the amounts prescribed in the bylaws.

(5) Each

member of council elected under paragraph (2)(

a) holds office for the term

prescribed in the bylaws.

(6) Where the term of an elected member of council

expires and a successor has not been elected the member may continue to hold office

until a successor is elected.

Public appointee

(1) The minister shall appoint one person

who is not a professional forester as a member of council.

(2) Where

the minister appoints a person as a member of council, the term of office of

that person shall not exceed 3 years.

(3) The

member of council appointed under this

section holds office until that person's

successor is appointed and is eligible for reappointment, but is not eligible

to hold office for more than 3 consecutive terms.

(4) The

member of council appointed under this

section may exercise rights and serve as

a member of committees to the same extent as other members of council.

(5) The

member of council appointed under this

section shall be a member of the

discipline committee.

(6) The

association shall pay the expenses of a person appointed under this

section in

accordance with guidelines established by the Lieutenant-Governor in Council.

Resignation

(1) An elected member of council may

resign by giving written notice of his or her resignation to the council.

(2) A

member of council appointed under

section 9 may resign by

giving written notice of his or her resignation to the minister.

(3) The

resignation of a member of council is effective on the date stated on the written

notice or, where no date is stated

(

a) in

the case of a resignation of an elected member, on the date the written notice

is received by the council; or

(

b) in

the case of a resignation of a member of council appointed under

section 9 , on the date the written notice is received by the minister.

Vacancy

(1) Where a vacancy occurs in the elected

membership of the council, the remaining members of council may appoint another

member to fill the vacancy until the earlier of

(

a) the

expiry of the term of office of the person who ceased to be a member of council;

and

(

b) the

date on which a member is elected to fill the vacancy in accordance with this

Act and the bylaws.

(2) A

vacancy in the membership of the council does not impair the power of the remaining

members of council to act.

(3) Where

a member serving as an elected member of council is suspended from the association,

the member's powers and duties as an elected member of council are suspended

for the same period.

(4) Where

a member serving as an elected member of council is expelled from the association,

the member ceases to be an elected member of council on the day the member is

expelled.

Officers and employees

12 .

(1) The officers of the association shall

(

a) prescribed

in the bylaws; and

(

b) appointed

or elected in accordance with the bylaws.

(2) The

council shall appoint a registrar.

(3) The

council may engage employees that it considers necessary to carry out the

duties and functions of the association.

(4) The

council shall determine the duties, responsibilities and remuneration of

employees of the association in accordance with the bylaws.

Committees

(1) The council may establish committees

that are provided for by the bylaws or that it considers necessary.

(2) The

council shall appoint persons to committees that are provided for by this Act

or the bylaws or that it has established under subsection (1).

(3) In

accordance with the bylaws, the council may delegate on the terms or conditions

that it may determine, some or all of its powers or duties to a committee

provided for by this Act or the bylaws or established under subsection (1).

(4) Notwithstanding

subsection (3) the council shall not delegate the power to make bylaws.

(5) In

accordance with the bylaws, a committee may establish its own procedures.

Bylaws

(1) The council may make bylaws not inconsistent

with this Act

(

a) prescribing

the seal of the association;

(

b) prescribing

the number and terms of office of elected members of council;

(

c) prescribing

the officers of the association and governing the procedure for the appointment

or election of those officers;

(

d) prescribing

the address of the head office of the association;

(

e) prescribing

the duties of members of council and of officers and employees of the

association;

(

f) respecting the design and use of seals;

(

g) governing

the procedures for the election of members of council;

(

h) prescribing

the organization, powers and procedures of the council and regulating the

council in the performance of its duties;

(

i) respecting the holding and procedures of meetings of the council

and annual and special meetings of the association;

(

j) prescribing the amount of registration and other fees payable to

the association, the times of payment and penalties for late payment;

(

k) establishing

committees that the council considers necessary and prescribing the manner of

election or appointment of committee members;

(

l) respecting a code of ethics which shall include

(

i) a definition of "professional

misconduct" and "conduct unbecoming" for the purpose of sections

22 to 35,

(ii) provisions respecting conflict of interest,

and

(iii) rules respecting methods of advertising;

(

m) establishing

categories of membership in the association and prescribing the rights and

privileges of each category;

(

n) setting

standards regarding the manner and method of practice of members;

(

o) setting

requirements for maintenance of membership;

(

p) prescribing

the number of members required to demand a special meeting of the association;

(

q) prescribing

the form, content and maintenance of the register and the information to be

provided by members for the purpose of the register;

(

r) setting

standards for continuing education and the participation of members in

continuing education;

(

s) respecting

the reporting and publication of decisions and reports of the council and

committees;

(

t) respecting the types and service of notices that may be served electronically;

(

u) prescribing

the remuneration and reimbursement for expenses for members of council and for

committee members; and

(

v) providing

for another thing that is necessary for the effective administration of the

association.

(2) A

bylaw may be made, amended or repealed at a meeting of the council provided

that 30 days notice, in writing, of the making, amendment or repeal of the bylaw

and of the meeting are given to members of the council.

(3) The council shall have its bylaws available

for inspection by the public on reasonable notice and at reasonable hours.

Members

15. The council, in accordance with this Act and

the bylaws, shall register persons as members

(

a) in those categories

of membership set out in

section 17; or

(

b) in

those categories of membership set out in the bylaws.

Register

(1) In accordance with the bylaws, the

council shall keep a register in which the name and address of every member shall

be recorded.

(2) The

register shall be

(

a) kept

at the head office of the association; and

(

b) open

for inspection by all persons, without fee, during normal office hours of the

association.

(3) The

following documents are admissible in evidence as proof, in the absence of evidence

to the contrary, of their contents without proof of the registrar's appointment

or signature:

(

a) a

certificate purporting to be signed by the registrar and stating that

(

i) a named person was or was not, on a specified day or during a specified

period, a member according to the register, or

(ii) a named person was or was not, on a specified day or during a specified

period, suspended according to the register; and

(

b) an

extract from the register that is certified by the registrar.

Registration

(1) The council shall register as a

professional forester a person who produces evidence establishing to the

satisfaction of the council that the person

(

a) has

paid the prescribed fees;

(

b) has

complied with the bylaws and the regulations with respect to registration as a

professional forester;

(

c) either

(

i) possesses the educational qualifications and the employment qualifications

required by the bylaws and regulations for professional foresters, or

(ii) is registered as the equivalent of a professional forester in good standing

under the legislation of another jurisdiction in Canada, or the legislation of

a jurisdiction outside of Canada that is recognized by the council; and

(

d) has

successfully completed the examination for a professional forester set by the

association to demonstrate an understanding of forestry legislation, regulations

and professional practice as it relates to the practice of forestry in the

province.

(2) The

council shall register as a forester-in-training a person who produces evidence

establishing to the satisfaction of the council that the person

(

a) has

paid the prescribed fees;

(

b) has

complied with the bylaws and the regulations with respect to registration as a forester-in-training;

(

c) possesses

the educational qualifications required by the bylaws and the regulations for foresters-in-training;

and

(

d) has

successfully completed the examination for foresters-in-training set by the

association.

(3) The

council may register as a restricted member a person who

(

a) does

not fully meet the requirements of paragraphs (1)(

c) and (d);

(

b) agrees

to practise in accordance with the conditions or restrictions specified in the

bylaws and regulations;

(

c) has

paid the prescribed fees; and

(

d) has

complied with the bylaws and regulations with respect to registration as a restricted

member.

(4) Notwithstanding

paragraphs (1)(

c) and (d), the council may, at any time before the expiration

of one year after the coming into force of this subsection, admit to membership

in the association as a professional forester a person who meets the

educational and experience requirements that may be set out in the regulations for

the purpose of this subsection.

Admissions

Committee

(1) The council, in accordance with this

Act and the bylaws, shall appoint an admissions committee.

(2) The

admissions committee shall consist of at least 3 members appointed by council.

(3) The

admissions committee shall set and conduct examinations of applicants for

membership and shall file the results of the examinations with the registrar.

Delegation and review

(1) The council may delegate to the

admissions committee the power to register persons as members.

(2) Where

a power is delegated under this section, the exercise of that power by the

admissions committee is considered to be an exercise of the power by the council.

(3) The

delegation of its powers.

(4) A

person who is aggrieved by a decision of the admissions committee made under a

delegated power may apply to the council to review that decision.

(5) On

a review under subsection (4), the council shall hear the review and may

(

a) direct

the admissions committee to exercise the power in a manner that the council

considers appropriate; or

(

b) confirm

the decision of the admissions committee.

(6) On

a review under subsection (4), the person aggrieved by the decision of the

admissions committee has the right to appear in person before the council in support

of the application.

(7) The

council shall inform the applicant, in writing, of its decision regarding the

review.

Professional seals

(1) Every professional forester is

entitled, in accordance with the bylaws, to sign and seal all final plans,

reports and other documents relating to the practice of professional practice

of forestry that are prepared, issued or approved by that person.

(2) All

seals must be acquired from the association and be designed in the manner set

out in the bylaws.

(3) A

professional forester who resigns, is expelled or suspended shall return his or

her seal to the association for the period of the suspension or expulsion.

Protection of title

(1) A person, other than a professional forester,

shall not use

(

a) the

title or abbreviation

(i) "Registered Professional Forester", "R.P.F." or

"RPF",

(ii) "Registered Forester", "R.F." or

"RF", or

(iii) "Professional Forester", "P.For." or

"PFor"; or

(

b) a

word, title or designation, abbreviated or otherwise, to imply that the person

is a professional forester.

(2) A

person, other than a forester-in-training, shall not use

(

a) the

title or abbreviation "Forester-in-Training", "F.I.T." or

"FIT"; or

(

b) a

word, title or designation, abbreviated or otherwise, to imply that the person

is a forester-in-training.

Interpretation re discipline provisions

22. In this

section and sections 23 to 35

(a) "allegation" means a written

document alleging that a person presently or formerly registered as a

professional forester has engaged in conduct deserving of sanction;

(b) "member" includes a former member;

(c) "complainant" means a person making

an allegation described in

section 23 ;

(d) "conduct deserving of sanction"

includes

(

i) professional misconduct,

(ii) professional incompetence,

(iii) conduct unbecoming a professional forester,

(iv) incapacity or unfitness to practise as a

professional forester, and

(

v) acting in breach of this Act, the regulations

or the code of ethics made under

section 14 ;

and

(e) "respondent" means a current or

former professional forester, forester-in-training and restricted member against

whom an allegation is made.

Allegation

(1) An

allegation shall be in writing and signed by the complainant or his or her

solicitor, and filed with the professional conduct committee.

(2) The professional conduct committee or the council

may on its own motion make an allegation and file it, and the allegation has

the same effect as an allegation referred to in subsection (1).

(3) Where the registrar has been informed that a

respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute

of another country or has been suspended by a governing body of professional

foresters in another province or territory of Canada or another territory or

country for reason of professional

misconduct, conduct unbecoming a professional forester or professional

incompetence, the information shall be forwarded to the professional conduct

committee and dealt with by the professional conduct committee as an allegation.

(4) For the purpose of subsection (3), a certified

copy of the record of a conviction or findings made or the action taken by an

external regulatory body constitutes proof, in the absence of evidence to the

contrary, of the conviction or findings made or the action taken by that body,

without proof of the signature of the convicting justice or person purporting

to have signed on behalf of that body.

Proceedings against former members

24. An allegation shall not be filed against a

former member more than 2 years after the day he or she became a former member.

Professional conduct committee

(1) The council shall appoint at least 3

of its members, at least one of whom is a member appointed under

section 9, to

constitute the professional conduct committee.

(2) A member appointed under subsection (1) shall

be appointed for a term of 3 years and is eligible to be reappointed.

(3) Notwithstanding the expiry of his or her term,

a member of the professional conduct committee continues to be a member until

he or she is re-appointed or his or her replacement is appointed.

(4) A

member of the discipline committee is not eligible to be a member of the professional

conduct committee.

Investigation

(1) Where an allegation is filed with the

professional conduct committee, the committee shall

(

a) review

the allegation; and

(

b) investigate

the allegation by taking the steps it considers necessary, including summoning

before it the respondent.

(2) On

completion of its investigation, the professional conduct committee shall make

a written report to the discipline committee recommending

(

a) that

the discipline committee hear and determine the formal complaint set out in the

written report; or

(

b) that

no further action be taken with respect to the matter under investigation.

(3) The

formal complaint set out in a written report made under paragraph (2)(

a) may

relate to the allegation or the investigation conducted under subsection (1).

(4) A

report signed by a majority of the professional conduct committee is the decision

of that committee.

(5) The

professional conduct committee shall provide, or direct the registrar to provide,

a copy of a written report made under subsection (2) to

(

a) the

council;

(

b) the

complainant, where there is one; and

(

c) the

respondent.

Discipline committee

(1) The council shall appoint at least 3 professional

foresters who are not members of the council, one of whom shall be appointed to

serve as chairperson, and the minister shall appoint one person who is not a professional

forester to represent the public interest, who together shall constitute a discipline

committee.

(2) A person appointed under subsection (1) shall

be appointed for a term of 3 years and is eligible to be reappointed.

(3) Notwithstanding the expiry of his or her term,

a member of the discipline committee continues to be a member until he or she

is re-appointed or his or her replacement is appointed.

(4) The

discipline committee may make rules regulating its business and proceedings.

Discipline hearing

(1) Where a report of the professional

conduct committee recommends that the discipline committee hear and determine a

formal complaint, the registrar shall, at least 14 days before the date the

discipline committee is to sit

(

a) send

a copy of the formal complaint to the respondent; and

(

b) serve

notice on the respondent of the date, time and place of the hearing.

(2) The parties to the hearing are the

professional conduct committee and the respondent and a party may be

represented by his or her counsel.

(3) The

discipline committee shall hear the formal complaint and shall determine whether

or not the member is guilty of conduct deserving of sanction, notwithstanding

that the determination of a question of fact may be involved, and the

discipline committee need not refer a question to a court for adjudication.

(4) The

discipline committee may accept the evidence that it considers appropriate and

is not bound by rules of law concerning evidence.

(5) The

discipline committee may employ, at the expense of the association, the legal

or other assistance that it considers necessary, and the respondent, at his or

her own expense, may be represented by counsel.

(6) The

testimony of witnesses shall be under oath or affirmation administered by the

chairperson of the discipline committee.

(7) At

a hearing by the discipline committee, there shall be full right

(

a) to

examine, cross-examine and re-examine all witnesses; and

(

b) to

present evidence in defense and reply.

(8) Where

the respondent fails to attend the hearing, the discipline committee may, on

proof of service of the notice mentioned in subsection (1), proceed with the

hearing in his or her absence.

(9) Where,

during the course of a hearing, the evidence shows that the respondent may be

guilty of other conduct deserving of sanction different from or in addition to the

conduct deserving of sanction specified in the formal complaint, the discipline

committee shall notify the member of that fact.

(10) Where

the discipline committee proposes to amend, add to or substitute the specified

conduct deserving of sanction in the formal complaint, the discipline committee

shall adjourn the hearing for a period that the discipline committee considers

sufficient to give the respondent an opportunity to prepare a defence to the

amended formal complaint, unless the respondent consents to continue the

hearing.

(11) The

complainant

(

a) shall

be advised orally or in writing by the registrar of the date, time and place of

the hearing; and

(

b) is

entitled to attend the hearing.

(12) The

discipline committee shall conduct all hearings in public.

(13) Notwithstanding

subsections (11) and (12) the discipline committee may exclude members of the

public and the complainant from a part of the hearing when the committee is of

the opinion that evidence brought in the presence of the person or persons to

be excluded will unduly violate the privacy of a person other than the respondent.

Disciplinary powers

(1) Where the respondent pleads guilty or

the discipline committee finds the respondent guilty of conduct deserving of

sanction it may make one or more of the following orders:

(

a) an

order that the respondent be expelled from the association and that the respondent's

name be struck from the register;

(

b) an

order that the respondent be suspended for a specified period;

(

c) an

order that the respondent be suspended pending the satisfaction and completion

of any conditions specified in the order;

(

d) an

order that the respondent may continue to practise, but only under conditions

specified in the order, which may include an order that the respondent

(

i) not do specified types of work,

(ii) successfully complete specified classes or courses of instruction,

and

(iii) obtain all or any medical treatment, other treatment or counselling;

(

e) an

order reprimanding the respondent; and

(

f) another order that the discipline committee considers just.

(2) In

addition to an order made under subsection (1), the discipline committee may

order

(

a) that

the respondent pay to the association, within a fixed period

(

i) a fine in a specified amount not exceeding $5,000, and

(ii) the costs of the investigation and hearing into the respondent's

conduct and related costs, including the expenses of the professional conduct committee

and the discipline committee and the costs of legal services and witnesses; and

(

b) where

the respondent fails to make payment in accordance with an order under paragraph

(a), that the respondent be suspended.

(3) The

registrar shall send a copy of an order made under this

section to the respondent

and to the complainant.

(4) Where

the respondent is expelled or suspended from the association, the registrar

shall strike the respondent's name from the register or indicate the suspension

on the register.

(5) The

discipline committee may inform the respondent's employer of the order made against

the respondent where the respondent has been found guilty of conduct deserving

of sanction.

Duty to report

30. Where the professional conduct committee in its

investigation under

section 26 or the discipline committee at the conclusion

of its hearing under

section 28 believes that the respondent may be guilty of

a criminal offence, the committee may immediately discontinue its investigation

or hearing and shall make a report of its findings to the head of the

association.

Suspension

31. A judge of the court, on the application of the

council, may direct that the respondent be suspended pending the disposition of

a criminal charge where

(

a) a

criminal charge is laid against the member; and

(

b) the

member has applied to the court for a stay of a disciplinary proceeding against

the member.

Appeal to court

32. The professional conduct committee or the

respondent may, within 30 days after receiving notice of the decision or order

of a discipline committee under this Act, appeal the decision or order to the

Trial Division by filing a notice of appeal with the Registrar of the Supreme

Court.

Effect of appeal

33. The commencement of an appeal under

section 32 does not stay the effect of the decision or order

appealed from, but, on 5 days notice to the registrar, the appellant may apply

to the court for a stay of the decision or order pending the disposition of the

appeal.

Effect of expulsion or suspension

34. When a member is expelled or suspended from the

association, that member's rights and privileges as a member are removed for

the period during which he or she is expelled or suspended from the association.

Reinstatement

(1) A person who has been expelled as a

member may apply to the council for reinstatement.

(2) On

receipt of an application under subsection (1), the council shall

(

a) review

the application; and

(

b) investigate

the application by taking the steps it considers necessary.

(3) On

completion of its investigation, the council may

(

a) where

it is satisfied that the person's subsequent conduct and other facts warrant

reinstatement, order that the person be reinstated as a member on the terms and

conditions that the council considers appropriate; or

(

b) refuse

to reinstate the person.

(4) Where,

on an application under subsection (1), the council refuses to reinstate the

person as a member, the person, within 30 days after the date of the order, may

appeal the order of the council to a judge of the court, and the judge may

allow or disallow the appeal.

(5) On

an appeal under subsection (4), the judge shall consider

(

a) the

proceedings before the council on the application for reinstatement;

(

b) the

past record of the appellant as shown by the books and records of the association;

and

(

c) the

evidence taken before the council and a committee that dealt with the expulsion

and application for reinstatement and the report of that committee.

(6) A

person whose application for reinstatement is refused or whose appeal of a refusal

is dismissed may make another application for reinstatement, based on new information,

at any time.

Immunity

36. An action does not lie or shall not be

instituted against

(

a) the

council or a member of council;

(

b) the

admissions committee;

(

c) the

professional conduct committee;

(

d) the

discipline committee;

(

e) a

member of a committee; or

(

f) an officer, employee or agent of the association

for a loss or damage

suffered by a person by reason of anything in good faith done, caused,

permitted or authorized to be done, attempted to be done or omitted to be done

by either of them under or in the exercise or supposed exercise of a power

conferred by this Act, the regulation or the bylaws in the carrying out or

supposed carrying out of a decision or order made under this Act, the

regulations, or the bylaws or a duty imposed by this Act, the regulations or

the bylaws.

Offence and penalty

(1) A person who contravenes this Act,

other than

section 21, or the regulations is guilty of an offence and liable on

summary conviction to a fine of not more than $1,000.

(2) A person who contravenes

section 21 is guilty

of an offence and liable on

summary conviction

(

a) for

a first offence, to a fine of not more than $5,000;

(

b) for

a second offence, to a fine of not more than $10,000; and

(

c) for

each subsequent offence, to a fine of not more than $15,000, to imprisonment

for a term of not more than 6 months or to both.

Limitation of prosecution

38. A prosecution for a contravention of this Act

or regulations shall not be commenced after the expiration of 2 years from the

date of the alleged offence.

Report of termination of employment

(1) An employer who terminates for cause

the employment of a member shall report the termination to the association

where the employer reasonably believes the cause is professional incompetence

or professional misconduct.

(2) This

section binds the Crown.

Annual register

(1) Before February 1 in each year, the

association shall publish in the Gazette

a list, certified by the registrar to be a true list, showing

(

a) the

names of all members as at December 31 in the preceding year; and

(

b) the

respective dates of admission of the members mentioned in paragraph (a).

(2) The list in subsection (1) is not subordinate

legislation for the purpose of the Statutes

and Subordinate Legislation Act .

Annual report

41. The association shall file an annual report

with the minister in the form, with the contents and in the time determined by

the minister.

Compliance

42. A member shall comply with this Act, the

regulations and the bylaws.

Service of notices, etc.

(1) Unless otherwise provided for in this

Act, the regulations or the bylaws, a notice or other document that is required

to be served under this Act may be served by

(

a) personal

service made

(

i) in the case of an individual, on that individual,

(ii) in the case of a partnership, on any partner, or

(iii) in the case of a corporation, on any officer or director; or

(

b) registered

mail addressed to the last business or residential address of the person to be

served that is known to the registrar.

(2) A

notice or document sent by registered mail is considered to have been served on

the seventh day following the date of its mailing, unless the person to whom it

was mailed establishes that, through no fault of that person, the person did

not receive the notice or document or received it at a later date.

(3) Where

it is impractical to effect service of a document in the manner provided for in

subsection (1), the court may, on an application that may be made without

notice, make an order for substituted service.

(4) A

document served in accordance with the terms of an order mentioned in subsection

(3) is considered to have been properly served.

Regulations

44. The

council may, with the approval of the minister, make regulations

(

a) prescribing

the qualifications, standards and tests of competency for the registration of

persons or a category of persons as members;

(

b) prescribing

the procedures governing registration of persons or a category of persons as

members;

(

c) setting

standards of professional conduct, competency and proficiency of members;

membership;

(

e) prescribing

procedures for

(

i) the review, investigation and disposition by the professional

conduct committee of complaints alleging that a member is guilty of

professional misconduct or professional incompetence,

(ii) hearings by the discipline committee of complaints alleging that a member

is guilty of professional misconduct or professional incompetence, and

(iii) reviews under subsection 19 (4);

(

f) prescribing the circumstances under which members are required to attend

re-entry education programs and courses and approving programs and courses for

that purpose;

(

g) governing

the approval of education programs for the purpose of registration under this

those programs;

(

h) governing

the reinstatement of a member who has been expelled;

(

i) prescribing the minimum amount of liability protection that members

are required to obtain;

(

j) defining a word used but not defined in the

Act; and

(

k) generally,

to give effect to the purpose of this Act.

Commencement

45. This

Act comes into force on May 31, 2012.

William E.

Parsons, Queen's Printer