Bill 57 — Third Session, 20Th Legislature, 34 Elizabeth Ii the Legislative Assembly of Alberta Bill 57 Professional and Occupational Associations Registration Act (Legislature 20, Session 3)

L20 S3 3395

Alberta — Bills

1985 BILL 57 Third Session, 20th Legislature, 34 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 57 PROFESSIONAL AND OCCUPATIONAL ASSOCIATIONS REGISTRATION ACT HON. DR. REID First Reading Second Reading Committee ofthe Whole Third Reading Royal Assent ....

Bill 57 BILL 57 1985 PROFESSIONAL AND OCCUPATIONAL ASSOCIATIONS REGISTRATION ACT (Assented to , 1985) TABLE OF CONTENTS

Definitions 1 PARTI REGISTRATION Staff 2 Registrar 3 Register 4 Ineligibility for registration 5 Application for registration 6 Registration investigation 7 Registration recommendation 8 Registration approval 9 Cancellation of registration 10

PART 2 REGISTERED ASSOCIATION Corporation ^ ^ Membership of goveming body ^^ Goveming body and officers ^^ Goveming body regulations |^ Goveming body by-laws j^ Registration Committee, Practice Review Committee |6 Discipline Committee ^ Chairman ^°

PART 3 COMPLAINT PROCEEDINGS Conduct 20 Making a complaint :,, Notice of complaint Notice of direcdon 23 Notice of hearing 24 Adjournment 25 Suspension 26 Counsel 2? In camera ill \.<aiiicia •jQ Evidence 29 Witness ^n Witness attendance, production 31 Failure to attend or give evidence

Hearing in absence of investigated person 32 Order 33 Review application 34 Review 35

PART 4 GENERAL PROVISIONS Service of documents 36 Ministerial orders 37 Transfer of administration 38 Misrepresentation 39 Offence 40 Injunction 41 No action 42 Reports 43 HER MAJESTY, by and v^dth the advice and consent ofthe Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) "association's register" means the register of a registered as sociation; (b) "by-laws" means by-laws under

section 15; (c) "chairman" means the chairman of a Discipline Committee; (d) "conduct" includes any act or omission; (e) "designated title" means the name and title and abbrevia tions of the name and title designated under

section 9; (f) "investigated person" means a member of a registered asso ciation with respect to whose conduct a complaint has been made and an investigation or hearing is held or may be held under this Act; (g) "Minister" means the member of the Executive Council charged by the Lieutenant Govemor in Council with the admin istration of this Act; (h) "Register" means the Register of Registered Professional and Occupational Associations; (i) "registered association" means a professional or occupational association registered under this Act; (j) "Registrar" means the Registrar of Registered Professional and Occupational Associations; (k) "regulations" means regulations under

section 14. PART1 REGISTRATION Staff 2 In accordance with the Public Service Act there may be appointed a Registrar of Registered Professional and Occupational Associations and any other persons who are necessary for the administration of this Act.

Registrar Register Ineligibility for registration Application for registration 3 The Registrar shall, when directed to do so by the Mini-^ter ex amine, inquire into, study and report to the Minister on any matter that the Minister considers necessary for the purpose of obtaining information for conducting an investigation under

section 7. 4(1) The Registrar shall establish and maintain a Register of Regis tered Professional and Occupational Associations showing (

a) the names of all registered associations, (

b) the designated tide of the members of each registered asso ciation, (

c) a description ofthe field of practice of members of each reg istered association, (

d) the names of chairmen ofthe Discipline Committees and the officers of the registered associations, (

e) the head office address for each registered association, and (

f) any other matters prescribed by the Minister under sec tion 37.

(2) The Registrar shall, during regular office hours, permit the in spection of the Register by any person. 5 An association is not eligible to be registered under this Act if that association purports to represent (

a) a health discipline designated or eligible to be designated under the Health Disciplines Act, or (

b) a trade designated or eligible to be designated under the Man power Development Act. 6(1) An association may apply to the Registrar for registration as a registered association under this Act by submitting a completed ap plication in the prescribed form.

(2) An application under subsection (1) shall be accompanied by (

a) the name and abbreviations of the name of the association and the proposed designated title and abbreviations of the pro posed designated tide to be used by its members, (

b) a list ofthe names ofthe members ofthe association, (

c) a resolution of the members passed in accordance with the association's procedures indicating that they wish the association to be registered under this Act, (

d) a copy of the incorporating documents of the association, if any, (

e) a statement ofthe purposes ofthe association, (

f) the existing by-laws ofthe association, if any, on matters re ferred to in

section 15, (

g) the association's proposed regulations, if any, and

(

h) a statement indicating whether the association wishes to have

section 64 of the Universities Act apply to the academic require ments for a person to become a registered member of the asso ciation. Registratipn 7(1) On rcccipt of an application for registration as a registered as- investigation sociatiou, the Registrar shall conduct an investigation into whether an association should be recommended for registration under this Act.

(2) In conducting his investigation, the Registrar may consider (

a) whether the association serves to protect the public against incompetence and fraud that could affect the life, health, welfare, safety or property of the public and whether it is in the public interest that the association be registered; (

b) whether the association represents a group of persons practis ing an identifiable profession or occupation and whether it rep resents persons whose primary object is to advance the interests of a profession or occupation practised by the members of the association; (

c) whether there are a sufficient number of persons engaged in an identifiable profession or occupation to warrant the exclusive use by those persons of a name identifying that profession or occupation; (

d) the proportion that the members ofthe association are ofthe total number of persons in Alberta who engage in the practice of the profession or occupation seeking registration and whether the association represents a significant number of the persons en gaged in the practice of a profession or occupation; (

e) whether the profession or occupation is governed by

an Act in force in Alberta; (

f) whether the name proposed by the association may cause the public undue confusion with the name of any other profession, trade, occupation or calling already governed by

an Act or regu lation; (

g) whether the proposed designated title or its abbreviations conflict with those of another registered association or profession or occupation governed by any other Act in force in Alberta; (

h) whether other associations support the association's applica tion for registration as a registered association; (

i) whether the association represents or is normally engaged in representing its members in the negotiation of collective bargain ing agreements; (

j) the number of members in the association, the length of time it has existed, whether it is incorporated and its financial posi tion; (

k) whether the association has a continuing education program for its members:

Registration recommendation Registration approval (1) the academic and experience requirements for registration as a member of the association; (

m) whether the association has proposed regulations; (

n) whether the association has an elected goveming body; (

o) any other matter he considers appropriate.

(3) In conducting an investigation the Registrar may consult with any person or association of persons engaged in the practice of the profession or occupation in respect of which the application for reg istration has been made or with an association of persons that has as one of its objects the advancement or promotion of the practice of the profession or occupation ofthe members ofthe association mak ing the application.

(4) In conducting an investigation the Registrar shall seek the advice of (

a) the Department of Advanced Education with respect to the training required for admission of members into the association, and (

b) the Universities Co-ordinating Council, with respect to whether to have

section 64 of the Universities Act apply to aca demic requirements for registration as a member of the associa tion. 8(1) If on concluding his investigation the Registrar considers that he should not recommend registration of the association, he shall provide the Minister and the association with written reasons and shall provide the association with the opportunity to submit further information and submissions with respect to the application.

(2) If the Registrar is satisfied on the conclusion of his investigation that an applicant applying for registration should be registered, the Registrar shall recommend to the Minister that the association be registered under this Act.

(3) A recommendation under subsection (2) shall include a report on (

a) the proposed name and abbreviations of the name of the association and the tide and abbreviations ofthe title to be used by its members to be designated to be for the exclusive use of the association and of members of the association, (

b) any proposed regulations ofthe association, and (

c) whether

section 64 ofthe Universities Act should apply with respect to the academic requirements for registration of members in the proposed registered association. 9(1) The Lieutenant Govemor in Council, on the recommendation of the Minister, may (

a) order the registration ofthe association as a registered profes sional or occupational association; (

b) determine the designation ofthe name ofthe registered as sociation and the designated professional or occupational iiue

Cancellation of registration Corporation and abbreviations of the name and designated professional or occupational title that may be used exclusively by the registered association and its members; (

c) state whether

section 64 of the Universities Act shall apply with respect to the academic requirements for registration as a member of the registered association.

(2) On an order being made under subsection (1), the Registrar shall (

a) notify the association and the Department of Advanced Ed ucation of the order and its contents, and (

b) enter in the Register the matters referred to in

section 4(1). 10(1) If the Registrar (

a) is of the opinion that a registered association no longer rep resents a significant number of the persons engaged in the prac tice of the profession or occupation, (

b) is of the opinion that the registered association is not per forming its duties in a proper manner, or (

c) receives a resolution from the registered association passed in accordance with the association's procedures that it no longer wishes to be a registered association, the Registrar shall make a recommendation to (

d) the Minister, and (

e) in the case of a registered association with respect to which a transfer of administration is ordered under

section 38, the Min ister who administers this Act with respect to that registered as sociation that the order under

section 9(1) be rescinded.

(2) The Lieutenant Govemor in Council may on the advice of (

a) the Minister, or (

b) in the case of a registered association with respect to which a transfer of administration is ordered under

section 38, the Min ister who administers this Act with respect to that registered as sociation rescind an order under

section 9(1).

PART 2 REGISTERED ASSOCIATION 11(1) An association that is named in an order under

section 9(l)(a) (

a) is a corporation, or (

b) if it was a corporation before the order is made, is continued as a corporation under this Act and has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

(2) A person who is a registered member of an association referred to in subsection (1) is a member of the corporation referred to in subsection (1). Membership of 12(1) In this scction, "Minister" means Minister as defined in sec- govemingbody ^JQJJ J or, in the casc of a registered association with respect to which a transfer of administration is ordered under

section 38, the Minister who administers this Act with respect to that registered association.

(2) A registered association shall establish a goveming body.

(3) The goveming body of a registered association shall consist of (

a) the number of members of the registered association pre scribed in the by-laws, each of whom shall be elected by and from among members of the registered association in accordance with the by-laws, and (

b) when the number of members under clause (

a) does not ex ceed 10, 1 member ofthe public, when the number of members under clause (

a) is more than 10 but does not exceed 20, 2 mem bers ofthe public, or when the number of members under clause (

a) is more than 20, 3 members of the public, who shall be ap pointed for a 2-year term of office by the Minister after consul tation with the members of the goveming body elected under clause (a).

(4) A member of a goveming body appointed under subsection (3)(

b) continues to hold office after the expiry of his term of office until he is reappointed or his successor is appointed.

(5) The Minister may, after consultation with the goveming body, revoke the appointment of a member of a goveming body appointed under subsection (3)(b).

(6) The Minister may, in the absence of any payment by the govem ing body to the member for that purpose, pay to a member of a goveming body appointed under subsection (3)(

b) travelling and liv ing expenses incurred by that member for his attendance at any meeting of the goveming body while away from his usual place of residence and fees in an amount prescribed by the Minister.

(7) The powers, duties and operations of a goveming body are not affected by (

a) the fact that no one is appointed as a member ofthe govem ing body under subsection (3)(b), (

b) the revocation under subsection (5) ofthe appointment of a member of the goveming body, or (

c) the resignation from the goveming body of a member ap pointed under subsection (3)(b).

(8) The failure of a member appointed under subsection (3)(

b) to attend a meeting ofthe goveming body does not affect or restnct ine goveming body from exercising any powers or performing any cuiies at that meeting. S&s'^'y 13(1) The goveming body of a registered association shall manage ' and conduct the business and affairs ofthe registered association and

exercise the rights, powers and privileges ofthe registered association in the name and on behalf of the registered association.

(2) The members of a goveming body shall elect from among them selves the officers of the registered association specified in the by laws in the manner and for the term prescribed in the by-laws. Governing body 14(1) The govcmiug body of a registered association may make reg- regulations ulationS (

a) respecting the field of practice of the members of the regis tered association and prescribing conditions or limitations appli cable to that field of practice; (

b) prescribing standards of conduct, including a code of ethics, and standards of competency of members of a registered associ ation; (

c) goveming eligibility, including examinations, for registration as a registered member; (

d) respecting renewal of registration of registered members; (

e) respecting continuing education of registered members; (

f) respecting the temporary registration of a person as a member of a registered association; (

g) respecting the suspension or cancellation of a member's reg istration other than pursuant to complaint proceedings under this Act; (

h) respecting the establishment of the Registration Committee and the Practice Review Committee; (

i) respecting the powers, duties and procedures of the Registra tion Committee and the Practice Review Committee including prescribing the number of members that constitutes a quorum at meetings of those committees; (

j) respecting the establishment ofthe Discipline Committee and its procedures; (

k) respecting the establishment of registers for each class or cat egory of members of the association.

(2) Regulations under subsection (1) do not come into force unless they are approved by a majority of members of the registered asso ciation (

a) voting in person or by proxy in accordance with the by-laws at a general meeting for which notice has been given in accord ance with the by-laws, or (

b) voting in a vote conducted by mail in accordance with the by-laws, a.nd the Lieutenant Govemor in Council has approved the regula tions.

Goveming body by-laws 15(1) The goveming body of a registered association may make by laws (

a) for the government ofthe registered association and the man agement and conduct of its affairs; (

b) respecting the nomination, election, number and term of of fice of officers ofthe registered association, the filling of vacancies and the powers and duties of officers; (

c) determining the location of the head office of the registered association; (

d) respecting the calling of and conduct of meetings of the reg istered association; (

e) respecting voting at meetings of the registered association, in person or by proxy and voting by mail; (

f) respecting notice requirements for meetings at which by-laws or regulations are to be put to a vote; (

g) prescribing the number of members that constitutes a quo- mm at meetings of the registered association, its goveming body and committees established by by-law; (

h) providing for the establishment of committees by the govem ing body and prescribing the powers and duties of the commit tees; (

i) providing for delegation, with or without conditions, of any powers or duties of a goveming body under this Act except those under sections 13(2), 19, 22, 28(2), 34 and 35, and under the regulations or the by-laws to a committee established by the gov eming body;

G) respecting the establishment of and payment of sums of money for scholarships, fellowships and any other educational incentive or benefit programs that the goveming body considers appropri ate; (

k) requiring persons who engage in the practice of a registered association to maintain a business address in Alberta and to in form the registered association in writing of that address and ol any change in that address forthwith after the change occurs; (1) prescribing the manner of proof as to matters required to be proved by applicants for temporary registration; (

m) respecting fees payable to the registered association for reg istration, conducting an examination, and the renewal of registra tion; (

n) subject to

section 12, respecting the membership ofthe gov eming body.

(2) A by-law under subsection (1) does not come into force unless it is approved by a majority of members ofthe registered association (

a) voting in person or by proxy in accordance with the by-laws at a general meeting for which notice has been given in accora- ance with the by-laws, or

Registration Committee, Practice Review Committee Discipline Committee Conduct Making a complaint (

b) voting in a vote conducted by mail in accordance with the by-laws.

(3) The Regulations Act does not apply to by-laws under this section. 16(1) A registered association may establish a Registration Commit tee and a Practice Review Committee in accordance with the regu lations.

(2) The Registration Committee and the Practice Review Committee shall have the procedures, powers and duties prescribed by regula tion. 17 A registered association shall establish a Discipline Committee in accordance with the regulations. 18(1) A Discipline Committee shall choose one of its members to act as chairman and a member to act as vice-chairman.

(2) In the absence or inability to act ofthe chairman, the vice-chair man has the powers and duties of the chairman.

PART 3 COMPLAINT PROCEEDINGS 19 Any conduct of a member of a registered association that in the opinion of a Discipline Committee or of a goveming body reviewing an order pursuant to

section 34 (

a) is detrimental to the best interests of the public, (

b) harms or tends to harm the standing of the profession or occupation generally, or (

c) displays a lack of knowledge of or a lack of skill or judgment in the practice of the profession or occupation, whether or not that conduct is disgraceful or dishonourable, consti tutes either (

d) unskilled practice of the profession or occupation, or (

e) professional or occupational misconduct, whichever the Discipline Committee or the goveming body finds. 20(1) A person who has a complaint that the conduct of a member of a registered association constitutes (

a) unskilled practice of the profession or occupation, or (

b) professional or occupational misconduct, may submit a signed, written complaint to the chairman.

(2) Proceedings on a complaint with respect to a member of a reg istered association whose registration was cancelled or suspended pursuant to this Act may, notwithstanding the cancellation or sus pension, be commenced within 1 year following the date of cancel lation or suspension as if the cancellation or suspension had not occurred. 10

Notice of complaint Notice of direction 21(1) On receiving a complaint under

section 20 the chairman shall serve notice of the complaint on the member of the registered asso ciation named in the complaint.

(2) The notice shall include a request for a written response to the complaint in accordance with the regulations.

(3) Within 30 days of service ofthe notice under subsection (1), the chairman shall direct (

a) that no further action be taken, if he is satisfied that the complaint is frivolous or vexatious, or (

b) that a hearing be held before a Discipline Committee not more than 60 days after receipt of the complaint, or within any longer period on which he and the member agree, to consider the complaint. 22(1) The chairman shall serve the investigated person and the com plainant with notice of any direction made under

section 21(3).

(2) A complainant who is served with a notice informing him that a direction under

section 21(3)(

a) has been made may, within 30 days of receipt of the notice, appeal that decision to the goveming body ofthe registered association by a signed written notice served on the president of the registered association.

(3) On an appeal under subsection (2), the goveming body shall at its next scheduled meeting determine whether (

a) the complaint is frivolous or vexatious, or (

b) the complaint should be referred to the Discipline Committee for a hearing in accordance with this Act and, if so, the time limits, if any, within which the hearing must be held, and shall serve its written decision on the complainant, the investi gated person and the chairman. Notice of hearing 23 If a hearing is to be held pursuant to

section 21(3)(

b) or 22(3)(b), the chairman shall, at least 30 days before the hearing, serve on the investigated person and the complainant a notice stating the date, time and place at which the Discipline Committee will hold the hearing.

Adjournment Suspension Counsel In camera Evidence 24 A Discipline Committee may adjoum a hearing from time to time. 25 Notwithstanding anything in this Act, a DiscipUne Committee may suspend the registration of an investigated person pending its decision on the complaint. 26 The investigated person may make oral representations and be represented at a hearing by an agent or counsel. 27 All proceedings before a Discipline Committee and the govem ing body with respect to complaints may be held in camera. 28(1) Evidence may be given before a Discipline Committee in any manner that the Committee considers appropnate, and the Commii- 11

Witness Witness attendance, production tee is not bound by the mles of law respecting evidence applicable to judicial proceedings.

(2) For the purposes of a hearing under this Act, any member ofthe goveming body or a Discipline Committee has the power of a com missioner for oaths under the Commissioners for Oaths Act. 29(1) The investigated person and any other registered member of the association who in the opinion of a Discipline Committee has knowledge of the subject matter of a hearing are compellable wit nesses in a hearing under this Part.

(2) A witness referred to in subsection (1) may be examined under oath on all matters relevant to the investigation and shall not be excused from answering any question on the ground that the answer might (

a) tend to incriminate him, (

b) subject him to punishment under this Part, or (

c) tend to establish his liability (

i) to a civil proceeding at the instance of the Crown or of any other person, or (ii) to prosecution under any Act or regulations under any Act, but if the answer so given tends to incriminate him, subjects him to punishment or establishes his liability, it shall not be used or received against him in any civil proceedings, in a prosecution under

Part 4 or in any proceedings under any other Act, except in a prosecution for or proceedings in respect of perjury or the giving of contradictory evidence.

(3) For the purpose of obtaining the testimony of a witness who is out of Alberta, a judge of the Court of Queen's Bench on an appli cation made ex parte by the registered association may direct the issuing of a commission for the obtaining of the evidence of the witness, and the commission shall be issued and the evidence taken pursuant to the Alberta Rules of Court. 30(1) The attendance of witnesses referred to in

section 29(1) before a Discipline Committee and the production of reports, books, papers and other documents, materials or records that are relevant to the investigation may be enforced by a notice issued by the chairman requiring the witness to attend and stating the date, time and place at which the witness is to attend and the reports, books, papers and other documents, materials or records, if any, that he is required to produce.

(2) On the written request ofthe investigated person or of his coun sel or agent, the chairman shall without charge issue and deliver to that person or his counsel or agent any notices that may be required under subsection (1).

(3) A witness, other than the investigated person, who has been served with a notice under subsection (1) or (2) is entitled to be paid the 12

same fees as are payable to a witness in an action in the Court of Queen's Bench. Failure to attend 31(1) Procccdiugs for civil contcmpt of court may be brought against or give evidence ^ witUCSS (

a) who fails (

i) to attend before the Discipline Committee in compliance with a notice to attend, or (ii) to produce anything referred to in

section 30(1) in com pliance with a notice to produce it, or (

b) who refuses to be swom or to answer any question directed to be answered by the Discipline Committee.

(2) If the witness referred to in subsection (1) is the investigated person, his failure or refusal may be held to be professional or oc cupational misconduct as determined by the Discipline Committee, Hearing in 32 A Discipline Committee, on proof of service of the notice of fnvest^^ted hearing on the investigated person, may person (

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

b) act, decide or report on the matter being heard in the same way as though the investigated person were in attendance. Order 33(1) If a Discipline Committee is satisfied that a complaint of (

a) unskilled practice of the profession or occupation, or (

b) professional or occupational misconduct against the investigated person has been proved in whole or in part, it may, by order, do any one or more of the following: (

c) direct the suspension of the registration of the investigated person for a stated period with or without conditions including completion of a specified course of studies or obtaining super vised practical experience; (

d) direct the cancellation of the investigated person's registra tion; (

e) require the investigated person to complete the training pre scribed by the Discipline Committee at the times and in the manner specified in the order.

(2) A Discipline Committee shall (

a) serve any order it makes, together with written reasons for making the order, on the investigated person, and (

b) inform the complainant in writing ofthe nature ofthe order. Review application 34(1) A member of the Discipline Committee or the investigated person in respect of whom an order has been made under

section 13

may, within 30 days of the service of the order, by written notice served on the president ofthe registered association, request the gov eming body to review the order.

(2) A notice under subsection (1) shall set out the reasons for the request and describe the order being appealed.

(3) On receiving a written request to review an order, the goveming body shall review the order and the reasons for the order forthwith. 35(1) The goveming body, in conducting a review under

section 34, may (

a) amend, substitute or add to the particulars ofthe matter being investigated; (

b) adjoum the proceedings or reserve the determination ofthe matters before it for a future meeting of the goveming body; (

c) review all or any part of the evidence given before the Dis cipline Committee in the same manner and subject to the same mles and with the same powers as are provided with respect to hearings before the Discipline Committee; (

d) on an application to receive further evidence, inquire as to the nature of that further evidence and, on granting leave, receive part or all of that further evidence in the same manner and sub ject to the same mles and with the same powers as are provided with respect to hearings before the Discipline Committee.

(2) The Discipline Committee and the investigated person may make oral representations and be represented by an agent or counsel at the review.

(3) The goveming body may (

a) draw inferences of fact and make any determination or find ing that in its opinion ought to have been made by the Discipline Committee, or (

b) quash, vary or confirm the finding or order of the Discipline Committee.

(4) The goveming body shall (

a) serve the investigated person with a copy of the governing body's decision and of the reasons for its decision, and (

b) inform the complainant in writing of the nature of the deci sion. Service of documents

PART 4 GENERAL PROVISIONS 36 A notice, order, complaint or other document or a copy of any one or more of them that is required by this Act to be given or served on or that may be made to any person shall be served personally or by registered or certified mail addressed to the person at his last known address. 14

Ministerial orders Transfer of administration Misrepresenta tion Offence Injunction No action 37 The Minister may make orders (

a) respecting the Register to be kept by the Registrar and matters to be entered in it; (

b) prescribing forms for the purposes ofthis Act; (

c) respecting the annual report and its contents to be submitted (

i) by the registered association to the Registrar, and (ii) by the Registrar to the Minister and to any Minister to whom a transfer of administration is ordered under

section 38. 38 The Lieutenant Govemor in Council, on request of a registered association and on the recommendation of the member of the Ex ecutive Council charged with the administration of this Act, may by order transfer to any Minister the administration of this Act with respect to that registered association. 39(1) No person, except a member of a registered association, shall use a designated title, alone or in combination with any other title, name, description, abbreviation, letter or symbol, in such a way as to represent expressly or by implication that he is a member of the registered association.

(2) A person whose registration is cancelled or suspended under this Act shall not hold himself out to be a member of the registered association. 40 A person who contravenes

section 39 is guilty of an offence and liable to a fine of not more than $500. 41 The Court of Queen's Bench, on application by a registered as sociation by way of originating notice, may grant an injunction en joining any person from doing any act or thing that contravenes

section 40, notwithstanding any penalty that may be provided by this Act in respect of that contravention. 42(1) No action lies against (

a) a member of a Registration Committee, Practice Review Committee, Discipline Committee or goveming body or any per son acting on the instmctions of any of them, or (

b) any member, officer or employee of a registered association, for anything done by him in good faith and in purporting to act under this Act, the regulations or the by-laws that relates to or is incidental to a professional or occupational matter or a matter of public interest that is or may be the subject of a regulation under

section 14.

(2) No action for defamation may be founded on a communication that consists of or pertains to the conduct of a person who is a registered member of a registered association if the communication is published to or by (

a) a registered association, a Practice Review Committee or a Discipline Committee, 15

(

b) an officer or employee of a registered association, or (

c) a person acting on the instmctions of a person referred to in clause (

a) or (b), in good faith in the course of investigating the conduct of a registered member or in the course of any proceeding under this Act relating to the conduct. Reports 43(1) The Registrar shall submit annually to the Minister and to any Minister to whom a transfer of administration is ordered under sec tion 38 a report on all registered associations containing the infor mation required by the Minister pursuant to

section 37.

(2) Registered associations shall submit annually to the Registrar on the date prescribed by the Minister, in a form satisfactory to the Minister, a report on those matters of the business and affairs of the registered association that the Minister requires pursuant to

section 37. In accordance with

section 4(1) ofthe

Interpretation Act, this Bill comes into force on the date it receives Royal Assent. 16 Title: 1985 (20th, 3rd) Bill 57, Professional and Occupational Associations Registration Act

Document details

Collection	Alberta — Bills
Citation	L20 S3 3395
Type	bill
Volume / chapter	L20 S3 3395
Language	en
Format	json
Source	PROVINCIAL
Identifier	653e0b0339e47242ff73b31bcbeac7eb09528e7a

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