Registered Professional Planners Act, 2017 McMeekin, Ted — Bill 122 (41st Parliament, 2nd Session)

Bill 122, 41-2

Ontario — Bills

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Bill 122, Registered Professional Planners Act, 2017

McMeekin, Ted

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[41] Bill 122 Original (PDF)

EXPLANATORY

NOTE

The

Bill repeals the Ontario Professional Planners Institute

Act, 1994 and enacts the Registered Professional

Planners Act, 2017 .

The

new Act continues the Ontario Professional Planners Institute (hereinafter

"Institute"), a corporation without share capital that governs and regulates

its members.

Definitions and

Interpretation (sections 1 and 2):

The Act sets out

definitions and states that it does not affect or interfere

with the right of any person who is not a member of the Institute to practise

in the field of professional planning.

The Institute (sections 3 to 7): The objects of the

Institute are specified. The Institute is composed of its members.

The Council (sections 8 to 16): A Council of the

Institute is provided to manage and administer the Institute's affairs. The

Council's members include individuals appointed by the Lieutenant Governor in

Council. The roles, duties and functions of the Council are set out.

Membership (sections 17 to 23): The Act provides a

framework for membership in the Institute. It also establishes a limited

continuing jurisdiction over former members respecting disciplinary matters.

Prohibitions (sections 24 to 28): The Act creates

prohibitions and offences respecting the use of specified designations and

initials by unauthorized persons. A limitation period of two years applies in

respect of the offences.

Complaints and Discipline (sections 29 to 39):

The Act sets out procedures for dealing with complaints against the Institute's

members and establishes a disciplinary process, including rights to appeal

disciplinary orders.

Capacity (sections 40 to 43): The Act establishes

procedures for determining whether a member of the Institute is incapacitated,

including a committee process with a right of appeal.

Investigation Powers (sections 44 to 47): The Act provides

for the appointment of investigators to conduct investigations under the Act

and sets out their powers.

Miscellaneous (sections 48 to 54): The duties of the

Registrar with respect to a register are set out. In addition, duties of

confidentiality, the admissibility of specified documents and protection from

liability are provided for.

By-laws (section 55): The Council's by-law making

powers are set out.

Transitional Issues (sections 56 to 59): The Act

addresses various transitional issues.

Consequential Amendments and Repeal (sections 60 to 63):

The Act repeals the Ontario Professional Planners

Institute Act, 1994 and makes consequential amendments to other Acts.

Bill 122 2017

Act respecting the regulation of Registered Professional Planners

CONTENTS

Definitions and

Interpretation

Definitions

Interpretation

- rights not affected

The Institute

Institute

continued

Objects

Annual

meetings

Surplus

Benevolent

or charitable fund

The Council

Council

Vacancy

Quorum

Officers

Committees

Vacancies

in committees

Member

ceasing to be on committee during hearing

Incapacity

of member during hearing

Delegation

of powers and duties

Membership

Membership

Register

Restrictions,

conditions

Designations

and initials

Refusal,

restrictions or conditions

Suspension,

revocation of membership

Continuing

jurisdiction

Prohibitions

Prohibitions

Offence

and penalty

Costs

Limitation

Compliance

order

Complaints and Discipline

Complaints

committee

Alternative

dispute resolution process

Decision

of complaints committee

Review

of complaints committee decision

Discipline

committee

Preliminary

suspension, restrictions

Appeal

committee

Costs

Power

of Council to rescind or alter orders

Application

to former members

Publication

of decision summaries

Capacity

Interpretation

- "incapacitated"

Investigation

Application

Appeal

Investigation Powers

Investigators

Proof

of appointment

Powers

obstruction

Miscellaneous

Register

Registrar's

certificate as evidence

Duty

of confidentiality

Disclosure

to public authority

Non-compellability

Documents

not admissible

Protection

from liability

By-laws

By-laws

Transitional Issues

Definitions

Members

Council

members

By-laws

Consequential Amendments and

Repeal

Amendment

Repeal

Fair

Access to Regulated Professions and Compulsory Trades Act, 2006

Ontario

Labour Mobility Act, 2009

Commencement and

Short Title

Commencement

Short

title

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Definitions and

Interpretation

Definitions

1 In this Act,

"alternative

dispute resolution process" means mediation, conciliation, negotiation, or any

other means of facilitating the resolution of issues in dispute; ("processus de

règlement extrajudiciaire des différends")

"appeal

committee" means the appeal committee established by the by-laws; ("comité

d'appel")

"by-laws"

means the by-laws made under this Act; (" règlements administratifs ")

"capacity

committee" means the capacity committee established by the by-laws; ("comité de

détermination de la capacité")

"complaints

committee" means the complaints committee established by the by-laws; ("comité

des plaintes")

"Council"

means the board of directors of the Institute; ("conseil")

"discipline

committee" means the discipline committee established by the by-laws; ("comité

de discipline")

"document"

includes data and information in electronic form; ("document")

"Institute"

means the Ontario Professional Planners Institute; ("Institut")

"Minister"

means the Minister of Municipal Affairs or such other member of the Executive

Council as may be assigned the administration of this Act under the Executive Council Act ; ("ministre")

"professional

planning" includes the scientific, aesthetic and orderly disposition of land,

resources, facilities or services, with a view to securing physical, economic

and social efficiency, a sound environment, health and well-being and

"professional planner" has a corresponding meaning; ("urbanisme", "urbaniste")

"register"

means the register established under

section 48; ("tableau")

"Registrar"

means the Registrar of the Institute appointed by the Council. ("registrateur")

Interpretation - rights not affected

2 This Act does not affect or interfere with the right of

any person who is not a member of the Institute to practise in the field of

professional planning.

The Institute

Institute

continued

(1) The Ontario Professional Planners

Institute is continued as a corporation without share capital under the name Ontario

professionnels de l'Ontario in French.

Composition

(2) The

Institute is composed of its members.

Powers,

etc., of natural person

(3) For

the purpose of carrying out its objects, the Institute has the capacity and the

rights, powers and privileges of a natural person.

Implied

provisions do not apply

(4) Section

92 (implied provisions for corporations) of the Legislation

Act, 2006 does not apply to the Institute.

Non-application

(5) The

Corporations Information Act does not apply to the

Institute.

Same

(6) The

Corporations Act does not apply to the Institute.

Objects

4 The objects of the Institute are,

(

a) to

promote and protect the public interest by governing and regulating the

practice of members of the Institute in accordance with this Act and the

by-laws, including,

(

i) establishing,

maintaining, developing and enforcing standards of qualification,

(ii) establishing,

maintaining, developing and enforcing standards of practice,

(iii) establishing,

maintaining, developing and enforcing standards of professional ethics,

(iv) establishing,

maintaining, developing and enforcing standards of knowledge, skill and

proficiency, and

(

v) regulating

the practice, competence and professional conduct of members of the Institute;

(

b) to

promote and increase the knowledge, skill and proficiency of members of the Institute;

(

c) to

promote and protect the welfare and interests of the Institute and of the planning

profession;

(

d) to

promote inter-professional collaboration with other professional bodies;

(

e) to

promote and contribute to the study and practice of professional planning;

(

f) to

participate in the development of public policy issues related to professional

planning; and

(

g) to

address any other matter that relates to professional planning or to the

regulation of its members that the Council considers appropriate.

Annual

meetings

5 The Institute shall hold an annual meeting of the members

of the Institute in accordance with the by-laws.

Surplus

6 Any surplus obtained from carrying on the business of the

Institute shall be solely devoted to and applied towards promoting and carrying

out its objects in accordance with this Act and the by-laws and shall not be

divided among its members.

Benevolent

or charitable fund

7 The Institute may establish and administer a benevolent

or charitable fund, and for that purpose may make or receive contributions.

The Council

Council

(1) The Institute shall have a Council that

shall be its governing body and board of directors and that shall manage and

administer the Institute's affairs in accordance with this Act and the by-laws.

Composition

(2) The

Council shall be composed of,

(

a) at

least nine and no more than 11 individuals, as fixed by the by-laws, who are

members of the Institute and who are elected by members of the Institute in

accordance with the by-laws; and

(

b) at

least one and no more than three individuals appointed by the Lieutenant

Governor in Council, each of whom,

(

i) is

not a member of the Institute,

(ii) is

not a public servant employed under

Part III of the Public

Service of Ontario Act, 2006 , and

(iii) has

no personal, financial or other interest in the practice of professional

planning or a profession related to planning that could give rise to a conflict

of interest.

Deemed

reappointment

(3) An

individual whose appointment under clause (2) (

b) expires is deemed to have

been reappointed until his or her successor takes office.

Council

appointments

(4) Until

the first appointment of an individual to the Council by the Lieutenant

Governor in Council under clause (2) (b), the Council may appoint as members of

the Council one or more individuals who are not members of the Institute, for

the term or terms that the Council specifies.

Same

(5) The

appointment of an individual appointed under subsection (4) expires on the

earlier of,

(

a) the

day on which the individual's term expires; and

(

b) the

day on which the Lieutenant Governor in Council makes a first appointment under

clause (2) (b).

Vacancy

(1) If the seat of an elected member of the Council

becomes vacant, the Council shall fill the vacancy for the remainder of the

member's term in accordance with the by-laws.

Same

(2) For

the purposes of subsection (1), an elected member's seat becomes vacant,

(

a) if

the member dies or resigns;

(

b) if

the member is removed from the Council in accordance with the by-laws; or

(

c) for

any other reason specified by the by-laws.

Same

(3) If

one or more vacancies occur in the membership of the Council, the members remaining

on the Council shall constitute the Council so long as their number is not

fewer than the quorum established by

section 10.

Quorum

10 At any meeting of the Council, a majority of the members

of the Council con

Document details

Collection	Ontario — Bills
Citation	Bill 122, 41-2
Type	bill
Volume / chapter	p41 s2 bill 122 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	66dd2c26d3e03cbc5b170dd8d5dce36e79f0f888

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