November 27, 2018

1922970521/1558731880/1547248340

E4tlc18047

Definitions and Application

Definitions and

interpretation

In this Act:

applicant , in respect of a regulatory body, means a person who applies for

enrolment in the regulatory body's admission program for trainees, if applicable, or

admission or reinstatement as a registrant of the regulatory body;

board means a board established under

section 23 [board of regulatory body] for a regulatory body;

board member means a board member referred to in

section 23;

bylaw means a bylaw made under this Act;

bylaw-making authority , in respect of a regulatory body, means the capacity of the board to make bylaws under this Act;

citation means a citation issued under

section 66 (1) (d) [investigations authorized by board] or 72 (3) [reprimand or remedial action by consent] ;

committee , in respect of a regulatory body, means

the nomination committee established under

section 26 (1) [election of registrant board members] ,

the credentials committee established under

section 44 (1) [credentials committee] ,

the audit and practice review committee established under

section 63 (1) [audits and practice reviews] ,

the investigation committee established under

section 64 [investigation committee] ,

the discipline committee established under

section 75 (1) [discipline hearings] , or

another committee established under

section 32 (3) [officers and committees] ;

conduct unbecoming a registrant means conduct of a registrant that

brings the regulatory body or its registrants into disrepute,

undermines the standards, methods or principles that are the foundation of the profession, or

undermines the principle of holding paramount the safety, health and welfare of the public, including the protection of the environment and the promotion of health and safety in the workplace in the manner that reflects the stewardship of a given profession by each regulatory body;

confidential information means information, whether written or oral, provided by a person to the superintendent or, in respect of a matter under

Part 6 [Protection of the Public Interest With Respect to Professional Governance and Conduct] , to an audit and practice review committee, an investigation committee or another committee with powers and duties in respect of an investigation, audit, hearing or other procedure under this Act

for the purpose of the investigation, audit, hearing or other procedure, and

under an agreement, express or implied, that the information will be kept confidential;

declaration means, as applicable,

a competence declaration made by a registrant under Division 2 of

Part 6 [Competence Declarations and Conflict of Interest Declarations] , or

a conflict of interest declaration made by a registrant under Division 2 of

Part 6;

designated profession means a profession that is designated by regulation under

section 89 (1) [designation of profession] ;

firm means either of the following:

a government registrant;

a legal entity or a combination of legal entities that is engaged in a regulated practice, whether the practice occurs solely within the firm or in the provision of services to a person or entity outside the firm, unless the legal entity or combination of legal entities is exempted from this Act by regulation of the Lieutenant Governor in Council;

government registrant means a ministry or agency of the government that the Lieutenant Governor in Council may prescribe by regulation;

incompetent , in relation to the performance of duties undertaken while engaged in a regulated practice, includes

a lack of competence or fitness to engage in the regulated practice, or

an incapacity or impairment that prevents a registrant from engaging in the regulated practice with reasonable skill, competence and safety to the public;

lay board member means a board member described in

section 23 (2) (b) [board of regulatory body] ;

minister means the minister responsible for the administration of this Act unless the context otherwise requires;

office means the office of the superintendent of professional governance established under

section 4 [office of the superintendent of professional governance established] , unless the context otherwise requires;

profession means a practice area in which a person exercises professional skill or judgment or provides a professional service;

professional governance means

the regulation of professions, and

the superintendence by a regulatory body of registrants engaged in a regulated practice;

professional misconduct means misconduct by a registrant as a professional, relating to the performance of duties while engaged in a regulated practice, including a failure to comply with, or a breach of, this Act, the regulations or the bylaws;

professional organization means a corporation that

acts as an advocate for persons who practise a profession, and

is not a professional regulator;

professional regulator means a corporation that is responsible for the governance of a profession under

an Act of British Columbia, another province or Canada;

registrant means the registrants specified in respect of each regulatory body in

Schedule 1 to this Act, and includes, as applicable,

an individual who is a registered member of a regulatory body, or

a firm that is registered with the regulatory body, if firms may be registered in respect of that regulatory body;

registrant board member means a board member described in

section 23 (2) (a);

regulated practice means the carrying on of a profession by a registrant of a regulatory body;

regulatory body means a regulatory body set out in

section 1 [regulatory bodies governed by Act] of

Schedule 1 to this Act;

relevant enactment means an enactment that the Lieutenant Governor in Council may prescribe by regulation;

reserved practice means a regulated practice for which the right to practise is reserved for registrants of a regulatory body;

reserved title means a title that is reserved for use by registrants of a regulatory body;

resolution , in respect of a regulatory body, board of the regulatory body or committee of the regulatory body, means a motion passed at a meeting of the regulatory body, board or committee;

respondent means a person whose conduct or competence is the subject of a discipline hearing under

section 75 [discipline hearings] ;

roster means a roster of registrants designated by a minister and administered by the superintendent under

section 17 [administration of rosters] ;

roster member means a registrant who is designated under

section 17 as a member of a roster;

specialist means a registrant with a specialization;

specialization means a specialized area of practice with qualifications established by a regulatory body under

section 43 (2) [restricted and specialized areas of practice] ;

superintendent means the superintendent of professional governance appointed under

section 4 [office of the superintendent of professional governance established] ;

trainee , in respect of a regulated practice, means a person in training to engage in the regulated practice as a registrant.

For the purposes of this Act, a reference to a professional regulator refers to a governing body other than a regulatory body listed in

Schedule 1 to this Act.

Specific

definitions and information

The

definitions under this Act are, in the case of each regulatory body, to be read in accordance with the specific

definitions and information for each regulatory body that may be set out in

Schedule 1 to this Act as applicable, including

definitions and information in relation to the following:

the regulatory bodies;

practice areas in respect of professions;

regulated practices in respect of professions;

registrants and categories of registrants;

[Repealed 2022-19-4.]

other prescribed matters.

The Lieutenant Governor in Council may, by regulation, amend

Schedule 1 to this Act.

Application to firms as registrants

A firm may only be registered as a registrant in a regulatory body if

the Lieutenant Governor in Council has, by regulation, authorized the regulatory body to register firms in the regulatory body as registrants, and

the board has made bylaws under this Act to enable or to require the registration of firms as registrants.

Superintendent of Professional Governance

Appointment of Superintendent

Office of the superintendent of professional governance established

An office of the superintendent of professional governance is established in the minister's ministry that is responsible for the matters described in

section 7 (2) [general duty and responsibilities of superintendent] .

The following persons may be appointed to the office under the Public Service Act :

the superintendent;

one or more deputy superintendents;

other employees required to carry out the functions of the office.

The minister may designate one or more employees of the government to act temporarily in the place of the superintendent.

The superintendent may retain consultants, experts and other persons the minister or the superintendent considers necessary to enable or assist the superintendent to exercise powers or perform duties of the superintendent under this Act.

The Public Service Act does not apply in respect of a person retained under subsection (4).

Superintendent's power to delegate

The superintendent may delegate, in writing, to a person employed under the Public Service Act any of the superintendent's powers, duties and functions under this Act, except the power to delegate under this section.

Professional Governance Advisory Committee

The minister may appoint a Professional Governance Advisory Committee consisting of

the superintendent, who must be appointed chair, and

as the minister considers appropriate,

representatives of the ministries responsible for the administration of relevant enactments, and

other persons with relevant knowledge and experience.

An appointment under subsection (1) must specify the term of the appointment.

The Professional Governance Advisory Committee must

review transitional matters relating to the implementation of this Act,

carry out activities relating to the implementation of this Act with the ministries responsible for the relevant enactments, and

perform other duties the minister requires or as prescribed by regulation of the Lieutenant Governor in Council.

General duty and responsibilities of superintendent

The superintendent must faithfully, honestly and impartially perform the duties of the superintendent and must not, except in the proper performance of those duties, disclose to a person any information obtained as a superintendent.

The superintendent is primarily responsible for the oversight of systemic or general matters relating to professional governance by regulatory bodies, including by doing the following:

superintending the governance by regulatory bodies of registrants in the regulatory bodies' respective regulated practices to ensure compliance by the regulatory bodies with their duties;

conducting research and promoting or establishing policies on best practices with respect to the regulatory bodies, including

monitoring regulatory bodies for consistency in governance of registrants and performance standards for registrants, and

promoting awareness among regulatory bodies to support reconciliation with Indigenous peoples in British Columbia, including supporting the implementation of the United Nations Declaration on the Rights of Indigenous Peoples;

providing for administrative matters that relate to regulatory bodies and are in the public interest, including

overseeing the implementation and administration of this Act,

administering rosters,

iii

receiving declarations, if they are required to be submitted to the superintendent in a regulation made under

section 59 (d) [requirements for declarations may be prescribed] ,

advising the minister on matters related to the administration of this Act, and

submitting reports in accordance with

section 19 [reports to minister] ;

promoting professional governance by regulatory bodies or enforcing compliance with this Act, including

publishing information and documents that the superintendent determines to be in the public interest,

providing information and advice to regulatory bodies, registrants, professional regulators and professional organizations,

iii

establishing guidelines to promote compliance with this Act and the regulations,

conducting investigations and audits in respect of regulatory practices and compliance with this Act and the regulations or in relation to an offence under

section 106 (1) [offences] ,

issuing directives to ensure compliance with this Act and the regulations,

receiving, investigating and responding to claims made in respect of reprisals prohibited under

section 103 [no reprisals] , and

vii

imposing administrative penalties in accordance with Division 1 [Enforcement Powers of Superintendent] of

Part 8 [Enforcement of Act] ;

carrying out activities in accordance with other powers, duties or functions that the Lieutenant Governor in Council may prescribe.

For certainty, nothing in this

section limits the role of a regulatory body in respect of registrants.

Rules of practice and procedure

The superintendent may make rules in respect of practice and procedure for all matters coming before the superintendent under this Act in respect of complaints, investigations and audits.

The superintendent must make the rules in respect of practice and procedure accessible to the public in the manner the superintendent considers appropriate.

The Lieutenant Governor in Council may, by regulation,

provide for any matter in respect of which the superintendent may make rules, and

amend or repeal a rule made by the superintendent.

Powers of Superintendent

Guidelines

The superintendent may establish guidelines, in respect of one or more regulatory bodies,

relating to the governance of the regulatory body, and

relating to the following:

the protection of the public interest;

bylaws made by the board;

iii

the code of ethics required, or the ethical principles described, under

section 57 (2) [standards of conduct and competence] .

Guidelines established under subsection (1) must be considered by the board and committees, as applicable, of the regulatory body in exercising powers and performing duties or functions under this Act.

The superintendent must make any guidelines established under subsection (1) available to the public on a website maintained by or on behalf of the superintendent.

Inspections by superintendent

9.1

The superintendent may conduct an inspection for the purposes of determining whether an investigation or audit under

section 10 is necessary in the public interest.

In conducting an inspection under this section, the superintendent may do any of the following:

require a person who may have information relevant for the purposes of the inspection to do the following:

provide the information to the superintendent;

produce or provide access to, without charge or unreasonable delay, any record that may be relevant for the purposes of the inspection;

examine the records produced or accessed under paragraph (

a) and remove them for the purposes of examination or making copies;

require a person to operate a thing, carry out a procedure or demonstrate a skill that may be relevant for the purposes of the inspection;

take photographs or make audio or video records;

have present at the inspection any person whose presence the superintendent considers necessary to conduct the inspection.

Investigations and audits by superintendent

Subject to subsection (4), if the superintendent considers it necessary in the public interest, the superintendent may conduct an investigation or an audit into

any aspect of the administration or operation of a regulatory body, or

the state of practice of a profession in British Columbia.

Subsection (1) includes

an investigation or an audit into an exercise of a power or a performance of a duty, or the failure to exercise a power or perform a duty, under this Act, and

an investigation in respect of a matter under the following provisions:

section 52 [prohibition and limitation — use of reserved titles];

section 54 [prohibitions regarding reserved practice] ;

iii

section 58 [duty to report] ;

[Not in force. Repealed 2022-19-7.]

section 67 [extraordinary action to protect public] ;

section 103 [no reprisals] ;

vii

section 104 [obstruction] .

viii

[Repealed 2022-19-7.]

For the purposes of an investigation or an audit under this section, the superintendent has the powers, privileges and protection set out in

section 13 [power to compel persons to give evidence and order disclosure] .

The superintendent may only investigate or conduct an audit in respect of a matter that relates to an individual registrant in the following cases:

an investigation or an audit of a general or systemic matter relating to the regulated practice;

an investigation in respect of a matter under a provision listed in subsection (2) (b).

In an investigation or an audit under this section, the superintendent may inquire into a matter that relates to one or more specific regulatory bodies.

Directives issued by superintendent

The superintendent may issue directives relating to the following:

that a board exercise its powers or perform its duties to better achieve the protection of the public interest with respect to professional governance;

that a board appoint an auditor to conduct an audit, in accordance with the directive and any applicable regulations, and provide an audit report to the superintendent;

for any matter the superintendent considers necessary in the public interest with respect to professional governance, including a directive that is

consistent with any guidelines established under

section 9, or

necessary to address issues arising out of an investigation or audit under

section 10.

A directive of the superintendent takes effect immediately or on a later date specified in the directive.

A board must comply with a directive issued to it under this section.

The superintendent may require, by directive, a work, act, matter or thing to be performed or completed within a specified period.

If, in the superintendent's opinion, the circumstances of a case under subsection (4) so require, the superintendent may extend the specified period.

The superintendent must make accessible to the public any directives made under subsection (1).

Appointment of public administrator

0.1

In this section, regulatory authority means a

Schedule 2 regulatory authority as defined in

section 1 of the International Credentials Recognition Act .

Without limiting sections 10 and 11, the superintendent may appoint a public administrator to discharge the powers and duties of a board under this Act or of a regulatory authority under the International Credentials Recognition Act if the superintendent considers this to be necessary in the public interest, whether or not the superintendent has exercised any other power under this Act or the International Credentials Recognition Act .

On the appointment of a public administrator, the board members cease to hold office unless otherwise ordered by the superintendent.

The superintendent may specify

the powers, duties and responsibilities of a public administrator appointed under this section, and

how a board will operate after the appointment of a public administrator has ended, including specifying whether a new board will be appointed under

section 23 [board of regulatory body] as if the new board were the first board of a regulatory body.

The Lieutenant Governor in Council may, within 45 days after an appointment of a public administrator under subsection (1), vary or rescind the appointment.

The expenses incurred under this

section by the government in respect of a regulatory body are a debt due and owing by the regulatory body to the government.

Power to compel persons to give evidence and order disclosure

For the purposes of this Act, the superintendent may make an order requiring a person to do either or both of the following:

attend, in person or by electronic means, before the superintendent to answer questions on oath or affirmation or in any other manner;

produce for the superintendent a record or thing in the person's possession or control.

The superintendent may apply to the Supreme Court for an order directing

a person to comply with an order made under subsection (1), or

any directors and officers of a person to cause the person to comply with an order made under subsection (1).

Contempt proceeding for uncooperative witness or other person

The failure or refusal of a person summoned as a witness under

section 13 (1) to do any of the following makes the person, on application to the court by the superintendent, liable to be committed for contempt as if in breach of an order or judgment of the court:

take an oath or affirmation;

answer questions;

produce the records or things in the person's custody or possession.

Referral of complaints

If a complaint is made to the superintendent that relates to a matter that is beyond the investigation power of the superintendent and the superintendent considers that there is another appropriate person or body having jurisdiction over the matter, the superintendent may

with the consent of the person who made the complaint, refer that matter directly to an appropriate person or body having jurisdiction over the matter, or

refer the person who made the complaint to an appropriate person or body having jurisdiction over that matter, or otherwise provide information that would permit the complaint to be made.

Application of the Administrative Tribunals Act

The following provisions of the Administrative Tribunals Act apply to the superintendent as if the superintendent were a tribunal, including the power of the superintendent to impose, and to consider responses to, administrative penalties under Division 1 [Enforcement Powers of Superintendent] of

Part 8 [Enforcement of Act] of this Act:

section 44 [tribunal without jurisdiction over constitutional questions] ;

section 45 [tribunal without jurisdiction over Canadian Charter of Rights and Freedoms issues] ;

section 46.3 [tribunal without jurisdiction to apply the Human Rights Code] .

Administration of rosters

A minister responsible for a relevant enactment may, by order, designate a registrant to be a roster member.

The superintendent may administer rosters with roster members designated under subsection (1).

The Lieutenant Governor in Council may prescribe, by regulation, any of the following in respect of the designation of roster members under subsection (1):

the qualifications or other criteria required for designation as a roster member in respect of a relevant enactment;

restricted activities that a registrant may carry out only if the registrant is a roster member;

restrictions on carrying out activities by roster members.

Public interest disclosure

If the superintendent determines that it is in the public interest, the superintendent must, in accordance with regulations that may be made by the Lieutenant Governor in Council, publish prescribed information or documents or classes of information or documents

that relate to, or were created by a registrant providing services under, a relevant enactment, or

that relate to

a profession,

a regulated practice, or

iii

a matter relevant to registrants under a relevant enactment.

If a minister responsible for a relevant enactment determines that it is in the public interest, that minister may order that the superintendent publish any information or documents, or classes of information or documents, described in subsection (1) of this

section in accordance with regulations that may be made by the Lieutenant Governor in Council.

Personal information may not be published under this

section that, if disclosed, would constitute an unreasonable invasion of personal privacy as described in

section 22 (2) to (4) [disclosure harmful to personal privacy] of the Freedom of Information and Protection of Privacy Act .

Reports of Superintendent

Reports to minister

The superintendent must, no later than May 31 in each year, submit to the minister an annual report in respect of the superintendent's activities under this Act in the preceding calendar year.

The superintendent must make the report submitted to the minister under subsection (1) available to the public on the superintendent's website.

Superintendent to make recommendations

In addition to any other reports provided by the superintendent under this Act, on request of the minister, the superintendent must

review this Act and recommend to the minister any amendments to this Act that the superintendent considers will better enable the superintendent to exercise or perform the superintendent's powers, duties and functions under this Act, and

report to the minister on any other matter, as specified by the minister.

Regulatory Bodies

General

Definition

In this Part, lay committee member , in respect of a committee of a regulatory body, means a committee member who is not a registrant of the regulatory body.

Corporate powers of regulatory body

21.1

A regulatory body is a corporation consisting of

the board established under

section 23 [board of regulatory body] , and

the persons who are registrants of the regulatory body.

For the purposes of exercising its powers and performing its duties under this Act, a regulatory body has the powers and capacity of a natural person of full capacity, including the power to acquire and dispose of property.

The Business Corporations Act does not apply to a regulatory body unless the Lieutenant Governor in Council, by regulation, provides that specified provisions of that Act apply to the regulatory body, in which case the specified provisions apply.

General duty and responsibilities of regulatory bodies

It is the general duty of a regulatory body at all times to

serve and protect the public interest with respect to the exercise of a profession, professional governance and the conduct of registrants in the registrants' regulated practice, and

exercise its powers and discharge its responsibilities in the public interest.

A regulatory body has the following responsibilities:

to superintend the regulated practice;

to preserve and protect reserved titles or reserved practices, as applicable, in the public interest;

to guard against the unlawful use of reserved titles or the unlawful practice of reserved practices;

to govern the registrants of the regulatory body according to this Act, the regulations and the bylaws;

to establish the conditions or requirements for registration of a person as a registrant of the regulatory body;

to establish, monitor and enforce standards of practice to enhance the quality of practice so that registrants avoid

professional misconduct,

conduct unbecoming a registrant, and

iii

incompetent performance of duties undertaken while engaged in the regulated practice;

to establish and maintain a continuing competency program to promote high practice standards amongst registrants;

to establish, monitor and enforce standards of professional ethics amongst registrants;

to establish and employ registration, investigation and discipline procedures that are transparent, objective, impartial and fair;

to administer the affairs of the regulatory body and exercise its powers and perform its duties under this Act or other enactments;

in the course of exercising the powers and performing the duties of the regulatory body under this Act or other enactments, to promote and enhance the following:

collaborative relations with other regulatory bodies, post-secondary education institutions and the government;

interprofessional collaborative practice between its registrants and persons practising another profession;

iii

the ability of its registrants to respond and adapt to changes in practice environments, advances in technology and other emerging issues;

any other responsibility that the Lieutenant Governor in Council may prescribe.

A regulatory body may only act in an advocacy role in accordance with this Act and in accordance with rules, conditions or limits prescribed by the Lieutenant Governor in Council.

Annual fee

22.1

The Lieutenant Governor in Council may make regulations

requiring regulatory bodies to pay an annual fee, and

setting annual fee amounts.

A regulatory body must, within the prescribed period of time, pay any annual fee required to be paid in a regulation under subsection (1).

Organization of Regulatory Body

Board of regulatory body

Subject to

section 84 [specified regulatory bodies continued as regulatory bodies under this Act] , a board is established for each regulatory body in respect of that regulatory body.

The composition of a board consists of the following board members:

7 registrant board members, including the board chair and board vice chair,

who are registrants of the regulatory body, and

who are elected or temporarily appointed under

section 26 [election of registrant board members] ;

4 lay board members

who are not registrants of the regulatory body, and

who are appointed under

section 27 [appointment of board members] ;

the immediate past board chair of the regulatory body, who is a non-voting registrant board member.

The board members may act even if there is a vacancy on a board.

Subject to any exceptions prescribed by regulation, a board member may not be a member of a committee or panel established in respect of a regulatory body under this Act.

Term limits

Subject to subsection (5.1), the term for a board member to hold office is 3 years.

A registrant board member who serves successive terms is subject to the following limits:

subject to paragraph (b), the registrant board member may not serve for more than 6 consecutive years in each of the following offices:

board chair of the regulatory body;

board vice chair of the regulatory body;

iii

a board member other than the board chair and board vice chair of the regulatory body;

the registrant board member may not serve for more than 12 consecutive years from the date of the registrant board member's initial election or appointment, as applicable.

A regulatory body may set a term that is shorter than 3 years for the following offices:

board chair of the regulatory body;

board vice chair of the regulatory body.

Subject to subsection (5.1), a lay board member may not serve successive terms for more than 6 consecutive years from the date of the lay board member's initial appointment.

The Lieutenant Governor in Council may, by order, set a term for an individual lay board member that is shorter than 3 years.

5.1

A lay board member whose term of office has expired may continue to hold office until a successor is appointed.

A person who has served the maximum number of consecutive years under this

section is not eligible to serve as a board member until after a break in service of at least 3 years.

Selection principles and criteria

The selection of nominees to be registrant board members under

section 26 (1) is to be conducted in accordance with the process and merit-based selection principles prescribed by the Lieutenant Governor in Council.

A board may

subject to

section 23 (2), establish different criteria or preferences for registrant board members in determining the board composition, and

make recommendations to the Lieutenant Governor in Council in respect of different criteria or preferences for lay board members.

Election of registrant board members

The board of each regulatory body must, in accordance with

section 23 (4), establish a nomination committee to administer the nomination of registrants who are qualified to be nominated for election to the board in accordance with the process and selection principles referred to in

section 25 (1), the bylaws and applicable regulations.

Only a registrant who is nominated by the nomination committee under subsection (1) may be elected as a registrant board member.

An election of registrant board members is to be conducted in accordance with the bylaws made by the board and the regulations that may be made by the Lieutenant Governor in Council.

Subject to subsection (5), a board may temporarily appoint a registrant as a registrant board member until a successor is elected, in accordance with the process and selection principles referred to in

section 25 (1), the bylaws and applicable regulations, if

an elected registrant fails to take the oath of office described in

section 28,

an elected registrant board member dies, resigns or is incapable of performing the board member's duties under this Act,

an elected registrant board member is disqualified, or

there is a vacancy on the board because no registrant board member was elected.

A temporary appointment under subsection (4) may not be for a term that is longer than the remainder of the term of the registrant board member referred to in that subsection.

Appointment of board members

The Lieutenant Governor in Council may appoint the lay board members for the board of each regulatory body after a merit-based process.

If there is a vacancy in the office of a lay board member, the minister may temporarily appoint a lay board member for a term of not more than one year.

Oath of office

Before taking office as a board member or acting as a member of a committee in respect of a regulatory body, a person elected or appointed as a board member or to a committee must take and sign, by oath or solemn affirmation, an oath of office in the form and manner established by regulation.

The registrar and the deputy registrars, if any, of each regulatory body may, for the purposes of this Act, administer oaths.

The Lieutenant Governor in Council may, by regulation, provide for any exceptions in respect of the requirement to take and sign an oath of office.

Required lay board members and quorum

At least one lay board member must be present at any meeting, proceeding or hearing of the board under this Act unless there are no lay board members appointed in respect of the board on the date of the meeting, proceeding or hearing.

Subject to subsection (1), the majority of the voting board members of a board of a regulatory body constitutes a quorum.

Despite subsection (1) of this

section and

section 23 (2) [board of regulatory body] ,

the powers and duties of the board are not affected by a vacancy in the office of a lay board member, and

the acts done by a quorum of board are not invalid by reason only that the board is not at the time composed of the number of board members required under this Act.

Disqualification and termination of board members

A registrant board member ceases to hold office

if the registrant board member

contravenes a term of the oath of office required by

section 28 (1),

contravenes a provision of this Act or the regulations, rules or bylaws,

iii

contravenes a provision of another provincial or federal enactment, or

becomes bankrupt, and

if, after reasonable notice to the registrant board member, the board, by resolution passed by a vote of at least 2/3 of the other board members of the full board who are eligible to vote on the resolution, considers that the circumstance described in paragraph (

a) is sufficiently serious to justify the board member's removal.

A registrant board member ceases to hold office if the registrant board member ceases to be a registrant.

The Lieutenant Governor in Council may, by order, terminate the appointment of a lay board member.

Registrar and register for regulatory body

The board of each regulatory body must appoint a registrar and may appoint one or more deputy registrars for the regulatory body, each of whom holds office during the pleasure of the board.

The board may, by bylaw, authorize a deputy registrar or deputy registrars appointed under subsection (1) to exercise the powers and perform the duties of the registrar set out in the bylaws, subject to any limits or conditions specified in the bylaws.

The registrar must include in a register on a publicly available website maintained by or on behalf of the regulatory body, for every person granted registration or certification under this Act, the following information:

the person's name and whether the person is a registrant or a former registrant;

the category, subcategory or class of registrants in which the person is or was registered;

if the registrant is an individual, any limits or conditions imposed on the regulated practice under this Act;

if the registrant is a firm, any limits or conditions imposed on the regulated practice under this Act;

a notation of each cancellation or suspension of the person's registration, including any cancellation or suspension that

occurred or was recorded before the coming into force of this section, or

was imposed by the regulatory body under an enactment that applied to the regulatory body before this

section applied to the regulatory body;

any additional information

specified under subsection (5) by

the credentials committee in respect of conditions or limitations on the registration, or

the discipline committee,

required under the bylaws of the regulatory body, or

iii

prescribed by the Lieutenant Governor in Council.

The registrar must cancel the registration of a registrant if

the registrant requests or consents in writing to the cancellation,

[Repealed 2022-19-14.]

notification is received of the registrant's death, or

the registration of the registrant has been cancelled under

Part 6 [Protection of the Public Interest With Respect to Professional Governance and Conduct] .

Subject to subsection (6), either of the following may specify information that must be entered on the register:

the credentials committee, in respect of conditions or limitations on registration;

the discipline committee, in disposing of a matter under

Part 6 in respect of a registrant.

Information required to be entered on the register in accordance with subsection (5) may be entered only after the final disposition of a matter.

The Lieutenant Governor in Council may make regulations

prescribing a period of time, including a minimum period of time and a maximum period of time, during which a former registrant is to be included in a list of registrants made available under subsection (3), and

in respect of any exceptions to the application of this section.

Officers and committees

In addition to the registrar and any deputy registrars, a board may establish other offices and appoint other officers, including

an executive director, who must not be a board member, and

an officer other than the board chair and board vice chair, including an officer who may also be a board member.

A board may authorize the nomination committee, credentials committee, audit and practice review committee, investigation committee or discipline committee to exercise a power, authority or jurisdiction of the board under this Act, in addition to a power, authority or jurisdiction expressly referred to in this Act in connection with these committees, other than a bylaw-making authority.

Subject to

section 23 (4) [board of regulatory body] , a board may establish committees, in addition to the nomination committee, credentials committee, audit and practice review committee, investigation committee and discipline committee, for a purpose consistent with this Act.

A board may authorize a committee established under subsection (3) to exercise a power, authority or jurisdiction of the board under this Act, other than

a bylaw-making authority, or

a power, authority or jurisdiction expressly referred to in this Act in connection with the nomination committee, credentials committee, audit and practice review committee, investigation committee or discipline committee.

A board may authorize

an officer to exercise a power, authority or jurisdiction of the board, other than a bylaw-making authority, under this Act, and

a committee established by the board to delegate to an officer a power, authority or jurisdiction granted to the committee by the board.

A board may make bylaws in respect of the following:

the appointment and termination of officers other than the board chair and the board vice chair;

the appointment and termination of members of committees;

the conduct of committee meetings, including proceedings before a committee.

Subject to

section 23 (4), each committee of a regulatory body established under this Act must

include at least one lay committee member,

have at least one lay committee member present at every meeting, proceeding or hearing of the committee under this Act, and

have a chair who is appointed in accordance with the selection principles referred to in

section 25 (1) [selection principles and criteria] .

General meetings of regulatory bodies

An annual general meeting of a regulatory body must be held, at the time and place appointed by the board of the regulatory body, at least once in every calendar year and not more than 15 months after the preceding annual meeting.

If an annual general meeting is not held as required under subsection (1), the superintendent, on application by a registrant, may call or direct the calling of an annual general meeting.

The board, at any time on its own motion, may call a general meeting of the regulatory body.

The board must call a general meeting of the regulatory body on the written request of

5 board members, or

the greater of the following:

50 registrants in good standing;

1% of the registrants.

Subject to this section, the board may make bylaws governing the calling and conduct of a general meeting of the regulatory body, including the annual general meeting.

Implementing resolutions of general meetings

A resolution of a general meeting of a regulatory body, including the annual general meeting, is not binding on the board of a regulatory body.

2) and (3

[Repealed 2022-19-17.]

The board must not implement a resolution if to do so would

be inconsistent with this Act and the regulations made under it or otherwise constitute a breach of a statutory duty, or

make, amend or repeal a bylaw of the regulatory body.

Bylaws of board

Subject to the requirements of this Act and any applicable regulations, the board of a regulatory body may make bylaws in respect of the following:

the duties of board members;

the removal of a registrant board member;

the temporary appointment of a registrant board member to fill a vacancy caused by the incapacity, resignation, removal or death of a registrant board member;

the duties of the board chair and the board vice chair of the board;

the temporary appointment of a board vice chair of the board to fill a vacancy caused by the incapacity, resignation, removal or death of a board vice chair;

for certainty, any other purpose contemplated as a bylaw-making authority of the regulatory body under this Act, including bylaws that may be made under this Part,

Part 4 [Registrants] and

Part 6 [Protection of the Public Interest With Respect to Professional Governance and Conduct] ;

the management, duties and purposes of the regulatory body.

The board may make bylaws governing the conduct of the affairs of the board, including the conduct of board meetings and proceedings before the board.

The board may amend or repeal an existing bylaw made under a bylaw-making authority in accordance with the requirements under this Act and must promptly, by written notice, notify the superintendent of the amendment or repeal of the bylaw.

General Matters in Respect of Bylaws

Provisions may be different in bylaws

Provisions in a bylaw under this Act may be different for

different classes of registrants, and

[Repealed 2022-19-19.]

different matters, classes of persons, circumstances or categories prescribed by regulation of the Lieutenant Governor in Council.

Filing of bylaws

Subject to subsection (3), a bylaw made by the board of a regulatory body under a bylaw-making authority

must be delivered, in accordance with any regulations respecting the form and manner of delivery of the bylaws, to the superintendent for filing with the minister,

must be filed by the superintendent with the minister within 45 days of delivery by the board unless the superintendent considers that the bylaw is unsuitable, in accordance with any criteria prescribed by the Lieutenant Governor in Council, and

has no effect unless it is delivered to the superintendent and filed with the minister.

A bylaw filed under subsection (1) comes into force on the date that is the number of days prescribed by the Lieutenant Governor in Council after the date the bylaw is filed by the superintendent under subsection (1) unless

the superintendent declares, under

section 38 (1) (a), that the bylaw comes into force on an earlier date,

the board withdraws the bylaw under

section 38 (2), or

the superintendent disallows the bylaw under

section 38 (3).

The Lieutenant Governor in Council may, by regulation, provide exceptions for the requirements of this

section and

section 38 in respect of bylaws made for different matters, classes of persons, circumstances or categories.

Disallowance of bylaws

If the superintendent considers it necessary or advisable to do so, the superintendent may, by order, within 45 days after the filing of a bylaw under

section 37,

declare that the bylaw or a portion of the bylaw comes into force on a specified date that is earlier than the date it would otherwise come into force under

section 37 (2), or

disallow a bylaw filed under

section 37 or a portion of the bylaw in accordance with subsection (3) of this section.

The board may, by written notice delivered to the superintendent, withdraw a bylaw or a portion of a bylaw delivered under

section 37 at any time before it would otherwise come into force or before it is disallowed.

The superintendent must disallow a bylaw filed under

section 37 if the superintendent is not satisfied that appropriate provision has been made in respect of the following:

the appointment or election of board members of a regulatory body under

section 23 [board of regulatory body] ,

section 26 [election of registrant board members] , or

iii

section 27 [appointment of board members] ;

the responsibilities referred to in

section 22 [general duty and responsibilities of regulatory bodies] ;

the presence of required lay board members of a regulatory body in accordance with

section 29 [required lay board members and quorum] .

The superintendent may request the board to amend or repeal an existing bylaw for its regulatory body or to make a new bylaw for its regulatory body if the superintendent is satisfied that this is necessary or advisable.

If the board does not comply with a request under subsection (4) within 60 days after the date of the request, the superintendent may, by order, amend or repeal the existing bylaw for a regulatory body or make a new bylaw for the regulatory body in accordance with the request.

Forms established by bylaws

A bylaw made under a bylaw-making authority in this Act may authorize the registrar to establish a form that is required, under that bylaw, to be used by registrants.

A form established by a registrar under subsection (1) is considered to be a bylaw made by the board of a regulatory body.

Copies of bylaws

The board of each regulatory body must

maintain a complete and accurate record of the bylaws that are in effect for the regulatory body and provide a copy of those bylaws to each registrant,

make the bylaws available for inspection by any person, free of charge, at the office of the regulatory body at all reasonable times during regular business hours, and

post the bylaws on a publicly available website maintained by or on behalf of the regulatory body.

Reports of Regulatory Bodies

Annual report to superintendent

The board of each regulatory body must, on or before April 1 each year, file with the superintendent an annual report of the general operations of the regulatory body in the form and manner established by the registrar with any information required by the superintendent and as may be prescribed by the Lieutenant Governor in Council that is current to the preceding calendar year.

Registrants

Categories of Registrants

Categories of registrants and bylaws for categories of registrants

A regulatory body may have categories of registrants established in accordance with a bylaw made under subsection (2) (a).

The board of a regulatory body may make bylaws to do the following:

establish categories of registrants, including firms and practising, non-practising, temporary, retired and honorary registrants;

establish subcategories within the categories of registrants referred to in paragraph (a);

b.1

authorize registrants to provide services in respect of a regulated practice through limited liability partnerships as defined in

section 83.1 [limited liability partnerships] ;

b.2

establish conditions, limitations and requirements for registrants to provide services in respect of a regulated practice through limited liability partnerships as defined in

section 83.1;

subject to regulations that may be made by the Lieutenant Governor in Council, determine the rights and privileges under this Act for each category of registrants referred to in paragraph (a), and for each subcategory of registrants established in accordance with a bylaw made under paragraph (

b) of this subsection, including

voting rights, and

use of titles, abbreviations or designations referred to in

Part 5 [Reserved Titles and Reserved Practice] ;

establish requirements and procedures for the admission or reinstatement of registrants within a category established under paragraph (a);

set fees for registrants within a category established in accordance with a bylaw made under paragraph (a);

determine whether a person is a registrant in good standing of the regulatory body.

Restricted and specialized areas of practice

Subject to regulations that may be made by the Lieutenant Governor in Council, the board of a regulatory body may make bylaws in respect of restricted areas of practice for the regulated practice as follows:

designating restricted areas of practice;

providing for the manner and extent to which a category of registrants referred to in

section 42 (1), or a subcategory of registrants established in accordance with a rule made under

section 42 (2) (b), may engage in a restricted area of practice.

Subject to regulations that may be made by the Lieutenant Governor in Council, the board may make bylaws in respect of specialized areas of practice for the regulated practice as follows:

designating specialized areas of practice;

providing that registrants of the regulatory body must not hold themselves out as specialists in these areas unless they are practising registrants who have qualified in accordance with a bylaw made under paragraph (c);

providing for the qualification of practising registrants as specialists in areas of practice designated under paragraph (a).

Enrolment, Admission and Reinstatement

Credentials committee

The board of a regulatory body may, subject to

section 23 (4) [board of regulatory body] , establish a credentials committee to

advise the board on matters falling within the scope of this Division, and

carry out other functions consistent with this Division.

The board may authorize the credentials committee to exercise a power, authority or jurisdiction of the board under this Division, other than a bylaw-making authority.

Application for enrolment, admission or reinstatement as registrant

On receiving an application for enrolment, admission or reinstatement as a registrant of a regulatory body, the registrar of the regulatory body, or a committee authorized by the board of the regulatory body, may, in accordance with the bylaws,

grant the application,

grant the application subject to conditions or limitations on the registration, or

reject the application, with written reasons.

The board may vary conditions or limitations made under subsection (1) (

b) if the applicant consents in writing to the variation.

Enrolment of trainees

The board of a regulatory body may make bylaws to do the following:

establish requirements, including academic requirements, and procedures for the enrolment of trainees in the regulatory body's admission program for trainees;

set fees for enrolment;

establish, maintain or endorse an education program for trainees;

establish requirements for practising registrants to act as mentors or supervisors of trainees;

stipulate the duties of a practising registrant who acts as a mentor or supervisor of a trainee;

stipulate the duties of a trainee with respect to a practising registrant who acts as their mentor or supervisor.

Bylaws made under subsection (1) may do the following:

establish different requirements and procedures for enrolment, set different enrolment fees and establish, maintain or endorse different education programs for trainees with different specializations;

establish different requirements and stipulate different duties for practising registrants who act as mentors or supervisors for trainees with different specializations;

stipulate different duties for trainees with different specializations with respect to practising registrants who act as their mentors or supervisors.

Admission and reinstatement of registrants

The board of a regulatory body may make bylaws to do the following:

establish requirements, including academic requirements, and procedures for admission as a registrant;

set fees for admission;

establish requirements and procedures for the reinstatement of former registrants;

set fees for reinstatement;

provide for examinations to assess applicants for admission or reinstatement as registrants.

Bylaws made under subsection (1) may do either or both of the following:

establish different requirements and procedures, set different fees and provide for different examinations for the admission of registrants with different specializations in the regulatory body;

establish different requirements and procedures, set different fees and provide for different examinations for the reinstatement of registrants with different specializations in the regulatory body.

If, under the Labour Mobility Act or in accordance with a prescribed trade agreement, the board of a regulatory body is required to admit a person as a registrant, the board may admit the person as a registrant in accordance with

regulations that the Lieutenant Governor in Council may make in respect of the board, including any bylaws the board must make, and

bylaws the board may make to administer the admission of the person as a registrant.

Review on the record

Within 30 days of receiving notice of a decision in respect of an application in respect of a regulatory body, the applicant may apply in writing to the board of the regulatory body for a review on the record.

On receiving a request under subsection (1), the board or the credentials committee, if authorized by the board, may conduct a review of the record in accordance with the bylaws.

Despite subsections (1) and (2), if, in the opinion of the board, there are special circumstances, the board may hear evidence that is not part of the record.

After conducting its review, the board may

confirm the decision in respect of the application, or

substitute a decision in respect of the application, including any conditions or limitations on the registration.

The board may make bylaws establishing

procedures and criteria for an application for review under this section, and

the practice and procedure for proceedings before the board under this section, which may be different for reviews of different applications under

section 45.

Certificate of registration and seal

The registrar of each regulatory body must issue to each registrant a certificate of registration and, on payment of the annual fee, confirmation that the registrant is in good standing and has complied with this Act and the bylaws.

A certificate or confirmation under subsection (1) purporting to contain the signature of the registrar stating that a person is, or was at the time specified in the certificate, a registrant in good standing is proof of that fact in the absence of evidence to the contrary.

Subject to subsection (4), the board of the regulatory body may make bylaws

providing for the issuance of a seal to registrants in good standing, and

governing the use of the seal.

The Lieutenant Governor in Council may, by regulation, establish requirements in respect of the following:

bylaws made by the board under subsection (3);

the use of the seal by registrants.

Fees and special assessments

The board of a regulatory body may make bylaws to do the following:

set the annual fee to be paid by registrants, which may be different for different specializations;

set fees, in addition to the annual fee referred to in paragraph (a), to be paid by registrants, trainees or applicants;

levy special assessments, for a purpose consistent with this Act, to be paid by registrants, trainees or applicants;

set the date by which a fee or a special assessment must be paid;

permit late payment of a fee or of a special assessment;

set a fee for late payment of a fee or of a special assessment;

determine the circumstances in which a full or partial refund of a fee or of a special assessment may be made;

waive payment of all or part of a fee or special assessment for a person whom the board wishes to honour.

Cancellation or suspension of registration

50.1

The board of a regulatory body may make bylaws authorizing the board to suspend or cancel the registration of a registrant of the regulatory body if the registrant fails to do any of the following:

pay, within the specified period of time, a fee or a special assessment that is set or levied under a bylaw made under

section 50;

complete or provide proof of completion of, within the specified period of time, a continuing education program or requirements established in a bylaw made under

section 57 (1) (

e) or (f) [standards of conduct and competence] ;

provide, within the specified period of time, a continuing education program established in a bylaw made under

section 57 (1) (g);

make or submit a declaration within the prescribed period of time, if required to do so in a regulation made under

section 59 [requirements for declarations may be prescribed] ;

cooperate with a practice review authorized by a bylaw made under

section 63 (4) [audits and practice reviews] ;

participate in an audit program established under a bylaw made under

section 63 (7);

pay, within the specified period of time, a penalty imposed under

section 75 [discipline hearings] ;

pay, within the specified period of time, costs required to be paid under

section 81 [costs] ;

perform any other requirement under this Act that is prescribed by the Lieutenant Governor in Council.

Bylaws under subsection (1) must establish the following:

procedures for the suspension or cancellation of a registration;

requirements and procedures for the reinstatement of a registrant whose registration has been suspended or cancelled under subsection (1).

Reserved Titles and Reserved Practice

Exclusivity of reserved titles and right of practice of reserved practice

Registrants of a regulatory body have, in accordance with regulations that may be made by the Lieutenant Governor in Council,

the exclusive use of a reserved title as prescribed by regulation of the Lieutenant Governor in Council, if the regulatory body is listed in

Schedule 2 to this Act, and

the right of practice of a reserved practice as prescribed by regulation of the Lieutenant Governor in Council, if the regulatory body is listed in

Schedule 3 to this Act.

The Lieutenant Governor in Council may, by regulation, amend Schedules 2 and 3 to this Act.

Despite this section, this Act does not apply to prevent a person from assuming a title or designation

if registered as a registrant in more than one regulatory body under this Act, or

as authorized by another enactment purporting to regulate another profession or occupation.

Prohibition and limitation — use of reserved titles

If a regulation under

section 51 (1) (

a) or 89 (2) (b) [designation of profession] prescribes a title to be used exclusively by registrants of a regulatory body listed in

Schedule 2 to this Act, a person other than a registrant of the regulatory body must not use the title, an abbreviation of the title or an equivalent of the title or abbreviation in another language

to describe the person's work,

in association with or as part of another title describing the person's work, or

in association with a description of the person's work.

If a regulation under

section 51 (1) or 89 (2) (

c) prescribes a limit or condition in respect of the use of a reserved title, the reserved title must not be used except in accordance with the regulation.

A person other than a registrant of a regulatory body must not use a reserved title or other name, title, description or abbreviation of a name or title, or an equivalent of a reserved title or other name or title in another language, in any manner that expresses or implies that the person is a registrant or associated with the regulatory body or is authorized to practise in a profession that is subject to a reserved title.

Exceptions for use of reserved titles

Despite

section 52 (1) and (2), but subject to subsection (3) of that section, a person's use of a title prescribed under

section 51 (1) (

a) or 89 (2) (b), an abbreviation of the title or an equivalent of the title or abbreviation in another language is not a contravention of

section 52 (1) if the person

is authorized by a body in another province or a foreign jurisdiction that regulates a profession in that other province or foreign jurisdiction to do so,

indicates, in doing so,

whether the person is authorized to practise the profession in the other province or foreign jurisdiction, and

the name of the other province or foreign jurisdiction, and

uses the title only for the purpose of indicating whether the person is authorized to practise the profession in the other province or foreign jurisdiction.

Prohibitions regarding reserved practice

If a regulation under

section 51 (1) (

b) or 89 (2) (

d) prescribes a service as a reserved practice that may only be provided by a registrant of a particular regulatory body,

a person other than a registrant of the regulatory body must not provide the service, and

a person must not recover a fee or remuneration in respect of the provision of the service unless, at the time the service was provided, the person was a registrant of the regulatory body.

If a regulation under

section 51 (1) (

b) or 89 (2) (

e) prescribes a service as a reserved practice that may only be provided by or under the supervision of a registrant of a particular regulatory body,

a person other than a registrant of the regulatory body must not provide the service unless the person does so under the supervision of such a registrant, and

a person other than a registrant of the regulatory body must not recover a fee or remuneration in respect of the provision of the service unless, at the time the service was provided, the person providing the service was supervised by such a registrant.

Exceptions to prohibitions

Despite

section 54, nothing in this Act, the regulations or the bylaws prohibits a person from practising a profession, discipline or other occupation in accordance with this Act, regulations made under this Act or another enactment.

Traditional knowledge

55.1

In this section, Indigenous peoples has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act .

Section 54 does not apply to a person exercising the rights of an Indigenous people, including the right to maintain, control, protect or develop any of the following with respect to the Indigenous people:

cultural heritage;

traditional knowledge;

traditional cultural expressions;

manifestations of sciences, technologies or cultures.

Protection of the Public Interest With Respect to Professional Governance and Conduct

Standards of Conduct and Competence

Definition and application

In this Part, registrant includes a former registrant.

In the case of a former registrant, the application of this

Part is limited to the period of time when the former registrant was acting as a registrant.

Standards of conduct and competence

Subject to subsections (2) and (3), the board of each regulatory body must make bylaws establishing the following:

standards of professional and ethical conduct for registrants, which standards may be different for different categories or subcategories of registrants;

standards of competence for registrants, which standards may be different for different categories or subcategories of registrants or different areas of practices;

aspects of practice that a registrant either may or must not

delegate to a non-registrant to provide or perform, or

authorize a non-registrant to provide or perform under the supervision of a registrant;

a program to assist registrants in dealing with professional or ethical issues;

continuing education programs or requirements for qualified continuing education for individual registrants, which programs or requirements may be different for different specializations;

continuing education programs or requirements that support reconciliation with Indigenous peoples in British Columbia;

continuing education programs to be provided by registrants that are firms.

The bylaws made under subsection (1) must include a code of ethics that must include at least the following ethical principles:

hold paramount the safety, health and welfare of the public, including the protection of the environment and the promotion of health and safety in the workplace;

practise only in those fields where training and ability make the registrant professionally competent;

have regard for the common law and any applicable enactments, federal enactments or enactments of another province;

have regard for applicable standards, policies, plans and practices established by the government or the regulatory body;

maintain competence in relevant specializations, including advances in the regulated practice and relevant science;

provide accurate information in respect of qualifications and experience;

provide professional opinions that distinguish between facts, assumptions and opinions;

avoid situations and circumstances in which there is a real or perceived conflict of interest and ensure conflicts of interest, including perceived conflicts of interest, are properly disclosed and necessary measures are taken so a conflict of interest does not bias decisions or recommendations;

report to the regulatory body and, if applicable, any other appropriate authority, if the registrant, on reasonable and probable grounds, believes that the continued practice of a regulated practice by another registrant or other person, including firms and employers, might pose a risk of significant harm to the environment or to the health or safety of the public or a group of people;

present clearly to employers and clients the possible consequences if professional decisions or judgments are overruled or disregarded;

clearly identify each registrant who has contributed professional work, including recommendations, reports, statements or opinions;

undertake work and documentation with due diligence and in accordance with any guidance developed to standardize professional documentation for the applicable profession.

The Lieutenant Governor in Council may make regulations

specifying further details about the code of ethics and ethical principles described in subsection (2),

prescribing additional ethical principles that the board of a regulatory body must establish in a code of ethics for registrants, and

prescribing ethical principles that apply to a class of registrants, including firms that are registrants, that a regulatory body must include in a code of ethics made under subsection (1).

[Repealed 2022-19-26.]

Duty to report

In this section, identified registrant means a registrant of a regulatory body who is believed to be engaged in conduct described in subsection (2) (

a) or (b).

If a registrant has reasonable and probable grounds to believe that an identified registrant is

engaged in the regulated practice in a manner that may pose a risk of significant harm to the environment or to the health or safety of the public or a group of people, or

engaged in a matter or conduct prescribed by the Lieutenant Governor in Council,

the registrant must promptly report this to the registrar of the identified registrant's regulatory body.

Subsection (2) applies even if the information on which the belief is based is confidential and its disclosure is prohibited under another Act.

If a person

terminates the employment of an identified registrant,

revokes, suspends or imposes restrictions on the privileges of the identified registrant, or

dissolves a partnership or association with the identified registrant,

based on a belief described in subsection (2), the person must promptly report this in writing to the registrar of the identified registrant's regulatory body.

If a person intended to act as described in subsection (4) (a), (

b) or (

c) but the identified registrant resigned, relinquished privileges or dissolved the partnership or association before the person acted, the person must report this in writing to the registrar of the identified registrant's regulatory body.

5.1

The Lieutenant Governor in Council may, by regulation, exempt a class of persons from the requirements of this section.

On receiving a report under subsection (2), (4) or (5), the registrar must act under

section 65 [complaints] as though the registrar had received a complaint under that section.

Subject to the registrar's approval, the identified registrant, if ordered under this Act to cease or restrict the regulated practice as a registrant of the regulatory body, may employ another registrant of that regulatory body to carry on the regulated practice.

Competence Declarations and Conflict of Interest Declarations

Requirements for declarations may be prescribed

The Lieutenant Governor in Council may make regulations as follows:

requiring registrants to make each of the following:

a competence declaration;

a conflict of interest declaration, regarding conflicts of interest or perceived conflicts of interest in respect of the service to be provided;

prescribing the content of declarations under this Division;

prescribing a period of time within which registrants must make a declaration;

prescribing circumstances in which registrants must submit, within a prescribed period of time, declarations to the applicable regulatory body, to the superintendent or to a prescribed person or entity;

requiring registrants or regulatory bodies to keep records of declarations for a prescribed period of time;

providing an exception to a requirement in a regulation made under this section.

Registrants must make declarations

If a regulation made under

section 59 requires a registrant to make or submit a declaration, the registrant must do the following:

make the declaration within the prescribed period of time and in the form established by the superintendent;

submit the declaration to the applicable regulatory body, the superintendent or a prescribed person or entity, as the case may be, within the prescribed period of time.

Not in force. Repealed

61-62

[Not in force. Repealed 2022-19-28.]

Audits, Practice Reviews and Discipline

Audits and practice reviews

The board of a regulatory body may, subject to

section 23 (4) [board of regulatory body] , establish an audit and practice review committee to

advise the board on matters falling within the scope of this Division, and

carry out other functions consistent with this Division.

The board may authorize the audit and practice review committee to

exercise a power, authority or jurisdiction of the board under this section, other than a bylaw-making authority, and

appoint assessors for the purposes of an audit or practice review.

The board may authorize an audit to be conducted in accordance with the bylaws or an audit program as described in subsection (7).

The board may authorize a review of the practice of a registrant of the regulatory body to be carried out by an assessor, another officer or employee of the regulatory body or a contractor retained by the regulatory body for this purpose, if

there is reason to believe that the registrant might have

contravened this Act, the regulations or the bylaws,

failed to comply with a standard, limit or condition imposed under this Act,

iii

acted in a manner that constitutes professional misconduct or conduct unbecoming a registrant, or

acted in a manner that constitutes incompetent performance of duties undertaken while engaged in the registrant's regulated practice, or

the registrant consents.

If the board authorizes a practice review under subsection (4), the board may do the following:

by written notice, require a registrant of the regulatory body whose practice is being reviewed under this subsection to cooperate with the review, answer questions and provide access to information, files or records in the registrant's possession or control;

direct an assessor or other authorized person to prepare a report of the findings of the review, which, if prepared, must also be provided to the registrant whose practice was the subject of the review;

impose, in accordance with bylaws that the board may make, limits or conditions on the practice of the regulated practice by the registrant, including

restricting the practice that may be engaged in by the registrant,

requiring that the registrant be overseen by another registrant when engaged in the regulated practice, and

iii

requiring that the registrant undertake additional training;

refer a report required under paragraph (

b) to an assessor, another officer or a committee with directions to

consider whether or not the findings of the review might warrant action under

section 66 [investigations authorized by board] , and

advise the board or the investigation committee accordingly.

The board may make bylaws to do the following:

govern the initiation or conduct of a review referred to in subsection (4);

specify the nature and extent of the requirements that may be imposed on a registrant under subsection (5) (a);

govern the referral of a report under subsection (5) (d).

The board may make bylaws establishing an audit program to routinely or randomly assess the conduct or competence of registrants of the regulatory body.

The confidentiality provisions set out under

section 110 [confidentiality — committee matters] apply in respect of the audit and practice review committee.

Investigation committee

The board of a regulatory body may, subject to

section 23 (4), establish an investigation committee to

advise the board on matters falling within the scope of this Division, and

carry out other functions consistent with this Division.

Complaints

A person may make a complaint to the regulatory body, the board or an officer about a registrant of the regulatory body who may be

engaged in the registrant's regulated practice in an incompetent manner, or

guilty of professional misconduct, conduct unbecoming a registrant or a breach of this Act or the bylaws.

The board of the regulatory body may make bylaws governing the disposition of a complaint under subsection (1).

The registrar must advise the person who makes a complaint under subsection (1) of the disposition of the complaint.

The board, or an officer or a committee authorized to do so by the board, may, on the initiative of the board, the officer or the committee, or on receiving a complaint under subsection (1), authorize a practice review under

section 63 or take action under

section 66.

A registrant of the regulatory body who resigns before or after the beginning of a practice review, investigation, hearing or other proceeding under this Act remains subject to the jurisdiction of the regulatory body.

Investigations authorized by board

The board of a regulatory body may do the following:

authorize an investigation into the conduct or competence of a registrant, to be carried out by a committee of the regulatory body, an officer or employee of the regulatory body, or a contractor retained by the regulatory body for this purpose, if there is reason to believe that the registrant may have been guilty of

professional misconduct,

conduct unbecoming a registrant, or

iii

incompetent performance of duties undertaken while engaged in the registrant's regulated practice;

if there is reason to believe that a registrant whose conduct or competence is being investigated under this subsection possesses any information, record or thing that is relevant to the investigation, issue a written notice requiring the registrant to

cooperate with the investigation,

answer questions,

iii

produce files, records or other evidence in the registrant's possession or control, and

provide explanations on request;

if there is reason to believe that the conduct or competence of a registrant may warrant action under this subsection, issue a written notice requiring the registrant to appear before the board or the investigation committee to discuss the conduct or competence of the registrant;

issue a citation ordering a discipline hearing under

section 75 [discipline hearings] to inquire into the conduct or competence of a registrant;

rescind a citation issued under paragraph (d).

The board may make bylaws

authorizing the board to

summarily suspend or cancel the registration of a registrant who has been convicted of an indictable offence, or

summarily reject the application of an applicant convicted of an indictable offence,

governing the initiation or conduct of an investigation referred to in subsection (1) (a),

specifying the nature and extent of the requirements that may be imposed on a registrant in a notice issued under subsection (1) (b),

governing the initiation or conduct of an appearance before the board or the investigation committee under subsection (1) (c), and

governing the issuance or rescission of a citation.

Extraordinary action to protect public

If the board of a regulatory body, or a discipline committee established under

section 75 [discipline hearings] , considers the action necessary in the public interest during an investigation under

section 66 (1) (

a) or pending a hearing under

section 75, the board may, by order and without giving the registrant an opportunity to be heard,

impose limits or conditions on the practice of the regulated practice by the registrant, or

suspend the registration of the registrant.

An order of the board under subsection (1) must

be in writing,

include reasons for the order, and

be delivered to the complainant, if any, and to the registrant.

A decision under subsection (1) is not effective until the earlier of

the time the registrant receives the notice under subsection (2), and

3 days after the notice is mailed to the registrant at the last address for the registrant recorded in the register of the regulatory body.

If the board determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the registrant in writing of the cancellation as soon as possible.

After an order of the board is made under subsection (1), the registrar of the regulatory body must promptly notify the superintendent about the order.

Investigators

An investigation committee of a regulatory body may appoint persons as investigators for the regulatory body.

The registrar of a regulatory body is an investigator for the regulatory body.

The registrar may appoint a deputy registrar of the regulatory body as an investigator for the regulatory body.

Powers and duties of investigators

During regular business hours, an investigator under

section 68 may, subject to any limits or conditions imposed on the investigator by the investigation committee, investigate, inquire into, inspect, observe or examine one or more of the following without a court order:

the premises, equipment and materials used by a registrant to engage in the regulated practice;

the records of the registrant relating to the registrant's regulated practice and may copy those records;

the regulated practice, as engaged in, performed by or under the supervision of the registrant.

The investigation committee may direct an investigator to act under subsection (1) or undertake any aspect of an investigation under

section 66.

If an investigator acts under this

section as a consequence of a direction given under subsection (2), the investigator must report the results of those actions in writing to the investigation committee.

Search and seizure under court order

A person authorized by an investigation committee of a regulatory body may apply to the Supreme Court for an order that authorizes a person named in the order

to enter into the premises or land specified in the order at any reasonable time and conduct an inspection, examination or analysis,

to require the production of any record, property, assets or things and to inspect, examine or analyze them, and

on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (

a) or (

b) for further inspection, examination or analysis.

Unless the court otherwise directs, an application under subsection (1) may be made without notice to any person and may be heard in private.

On application under subsection (1), the court may make an order under this

section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

that a person who is not a registrant of the regulatory body has contravened this Act, the regulations or the bylaws, or

that a person who is a registrant of the regulatory body has

contravened this Act, the regulations or the bylaws,

failed to comply with a standard, limit or condition imposed under this Act,

iii

acted in a manner that constitutes professional misconduct or conduct unbecoming a registrant, or

acted in a manner that constitutes incompetent performance of duties undertaken while engaged in the registrant's regulated practice.

In an order under this section, the court

must specify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,

may include any limitations or conditions the court considers proper, including the time of entry, the disposition of things seized and the access by any person to the things seized, and

may direct that

section 71 does not apply to a thing specified in the order if all limitations and conditions included under paragraph (

b) are met.

Despite a court order made under subsection (4) (c),

section 71 applies if the person who owned or controlled the thing at the time of the seizure requests in writing that

section 71 be applied to the thing seized.

A request under subsection (5) of this

section must be delivered to the investigation committee by personal service or registered mail no later than 21 days after the seizure.

A person who, while conducting or attempting to conduct an entry or search under this section, finds any thing not described in the order that the person has reasonable grounds to believe will provide evidence in respect of a contravention of this Act, the regulations or the bylaws may seize and remove that thing.

Detention of things seized

For the purposes of subsection (2), a person who makes a seizure under

section 70 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure was made unless this is not practicable.

On receiving a report under subsection (1), the judge must

order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (

b) should be made, or

order the thing detained if satisfied that the detention is required for the purposes of this Act.

An investigator may make one or more copies of any record detained under subsection (2).

A document purporting to be certified by a representative of an investigation committee to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

Subject to an order under

section 70 (4) (b), the person from whom any thing is seized under this

section or the owner of the thing, if that person is a different person, is entitled to inspect that thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the regulatory body.

A record must not be detained under this

section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either

the person from whom the record was seized consents to the continued detention of the record, or

the Supreme Court, on application and after being satisfied that the continued detention is justified, orders the continued detention of the record for a specified period of time.

Reprimand or remedial action by consent

In relation to a matter investigated under

section 66 (1) (a) [investigations authorized by board] , the investigation committee or the discipline committee of a regulatory body may request in writing that the registrant do one or more of the following:

undertake not to repeat the conduct to which the matter relates;

undertake educational courses specified by the audit and practice review committee;

consent to a reprimand;

undertake or consent to any other action specified by the audit and practice review committee.

If a consent or undertaking given under subsection (1) relates to a complaint made under

section 65 [complaints] , the investigation committee or the discipline committee must, within 30 days of the consent or undertaking being given, deliver to the complainant a written

summary of the consent or undertaking.

If a registrant refuses to give an undertaking or consent requested under subsection (1), or if a registrant fails to comply with an undertaking or consent given in response to a request under subsection (1), the board may direct the registrar to issue a citation for a hearing by the discipline committee regarding the matter.

Consent orders

The investigation committee or the discipline committee of a regulatory body may, before the commencement of the discipline hearing, propose, in writing, to the person who is the subject of an investigation under

section 66 (1) that a consent order be made for the voluntary resolution of one or more matters that may otherwise be dealt with at the discipline hearing.

A consent order is made if

the person who is the subject of an investigation under

section 66 (1) accepts the proposal of the investigation committee or the discipline committee under subsection (1) of this section, or

an agreement is reached under

section 74 (2) between the person who is the subject of an investigation under

section 66 (1) and the investigation committee or the discipline committee.

A consent order made under subsection (2) (

a) must contain

the terms set out in the proposal made by the investigation committee or discipline committee under subsection (1),

one or more admissions by the person who is the subject of the investigation in relation to one or more of the matters to be dealt with at the discipline hearing, and

one or more of the actions taken or penalties imposed in

section 75 (3) to (7) [discipline hearings] .

A consent order made under subsection (2) has the same effect as an action taken or penalty imposed under

section 75.

After a consent order is made under subsection (2), no further action may be taken under this

section and

section 75 with respect to the matters contained in the consent order.

If the person to whom a proposal under subsection (1) is made rejects the proposal,

an investigation under

section 66 in respect of the matters contained in the proposal must proceed as though the proposal had not been made, and

the discipline committee conducting a hearing under

section 75 must not consider the admissions contained in the proposal or the terms of the proposal in determining the matters or in taking an action or imposing a penalty in respect of the matters.

Alternative complaint resolution

At any time, a person who is the subject of an investigation under

section 66 (1), the registrar of a regulatory body and the investigation committee or the discipline committee, as applicable, may agree that alternative complaint resolution, as provided in the bylaws, will commence between the person who is the subject of the investigation and the applicable committee in respect of one or more matters to be dealt with at the hearing.

If the person who is the subject of the investigation, the registrar and the investigation committee or the discipline committee, as applicable, reach an agreement in respect of one or more of the matters to be dealt with at the hearing, a consent order may be made under

section 73 (2) (

b) on the terms set out in the agreement.

No further action may be taken under this

section and

section 75 with respect to a matter referred to in subsection (1) of this

section unless the registrar and the investigation committee or the discipline committee, as applicable, determine that an agreement in respect of the matter cannot be reached within a reasonable period of time.

If the registrar and the investigation committee or the discipline committee, as applicable, determine that an agreement in respect of a matter referred to in subsection (1) cannot be reached within a reasonable period of time,

an investigation under

section 66 in respect of the matter must proceed, and

the discipline committee conducting a hearing under

section 75 must not consider the information disclosed during the alternative complaint resolution process in determining the matters or in taking an action or imposing a penalty in respect of the matters.

Discipline hearings

The board of a regulatory body may, subject to

section 23 (4) [board of regulatory body] , establish a discipline committee to

advise the board on matters falling within the scope of this Division, and

carry out other functions consistent with the role of the discipline committee under this Division.

This

section applies to the hearing of a citation.

A hearing must be conducted in accordance with

section 77 [discipline committee to conduct hearings] .

The discipline committee must

make determinations and take action according to this section,

give written reasons for a determination about the conduct or competence of the respondent and an action taken against the respondent, and

record in writing an order for costs.

After a hearing, the discipline committee must do one of the following:

dismiss the citation;

determine that the respondent has committed one or more of the following:

professional misconduct;

conduct unbecoming a registrant;

iii

incompetent performance of duties undertaken while engaged in the registrant's regulated practice.

If, under subsection (5), an adverse determination is made against a respondent, other than a trainee, the discipline committee must do one or more of the following:

reprimand the respondent;

impose a penalty on the respondent in an amount that is,

in the case of an individual, not more than $100 000, and

in the case of a firm, not more than $250 000;

impose conditions on the respondent's registration as a registrant of the regulatory body;

suspend the respondent's registration in the regulatory body

for a specified period of time,

until the respondent complies with a requirement under paragraph (f), or

iii

for a specified minimum period of time and until the respondent complies with a requirement under paragraph (f);

cancel the respondent's registration in the regulatory body;

require the respondent to

complete a remedial program to the satisfaction of the board or the audit and practice review committee, or

appear before a committee established by the board and satisfy the committee that the respondent is competent to practise the registrant's regulated practice.

If, under subsection (5), an adverse determination is made against a trainee, the discipline committee may do one or more of the following:

require that the trainee undertake further training;

reprimand the trainee;

impose a penalty on the trainee in an amount not exceeding $2 000;

cancel the enrolment of the trainee.

After a hearing, the registrar of the regulatory body must promptly

notify the superintendent about the disposition of the hearing,

update the online register maintained under

section 31 [registrar and register for regulatory body] , and

publish information about the disposition of the hearing on a website maintained by or on behalf of the regulatory body in the form and manner required by the superintendent or in accordance with regulations that may be made by the Lieutenant Governor in Council.

A penalty imposed under this Act may be recovered as a debt owing to the regulatory body and, when collected, is the property of the regulatory body.

If the Lieutenant Governor in Council makes regulations in respect of the publication of prescribed information about a hearing under this section, including publication of prescribed information about the hearing on a website maintained by or on behalf of the regulatory body, the regulatory body

must publish the prescribed information in the form, manner and time period required by the regulations, and

may make bylaws in respect of the publication.

Conduct in another jurisdiction

In this section:

conduct of concern means, as applicable,

professional misconduct,

conduct unbecoming a registrant, or

incompetent performance of duties undertaken while engaged in the regulated practice;

different governing body means

a professional regulator or regulatory body other than the applicable regulatory body, or

a body, in a jurisdiction outside Canada, that regulates a profession in that jurisdiction.

A discipline committee of a regulatory body may make an order under

section 75 (5) respecting a registrant without issuing a citation under

section 66 (1) (d) [investigations authorized by board] or conducting a hearing under

section 75 if the discipline committee learns that a different governing body has found, or the registrant has admitted to a different governing body, that the registrant committed

an act that, in the opinion of the discipline committee, would constitute conduct of concern under this Act.

The discipline committee may take action under subsection

(2) regardless of whether the act referred to in that subsection was committed before or after the registrant was registered under Division 2 [Enrolment, Admission and Reinstatement] of

Part 4 [Registrants] , and

only after giving the registrant

notice of the proposed action, in accordance with the bylaws,

a copy of the record of the relevant decision or findings made or action taken by the different governing body, and

iii

an opportunity to be heard, which may be limited to a hearing in writing.

If the discipline committee makes an order under subsection (2),

section 75 applies as if a determination had been made by the discipline committee under

section 75 (4).

For the purposes of this section, a certified copy of a record of the decision or findings made or action taken by the different governing body in respect of a registrant is proof, in the absence of evidence to the contrary, of the findings made or the action taken, without proof of the signature of the person purporting to have signed on behalf of that different governing body.

Discipline committee to conduct hearings

A discipline committee of a regulatory body may establish panels to conduct hearings under

section 75 in accordance with the bylaws.

A panel established under subsection (1) must include at least one lay member, who is not a registrant, and may exercise any power or authority a discipline committee may exercise under this Act.

The board of the regulatory body may make bylaws

for the appointment and composition of panels,

for the practice and procedure for hearings, and

providing for oral or written hearings.

A discipline committee or panel may order an applicant or respondent who is the subject of a hearing under

section 75 to do either or both of the following:

give evidence on oath or by affirmation;

at any time before or during a hearing, produce all files, records or other information in the possession of that person that may be relevant to a matter under consideration.

Failure to attend

This

section applies if an applicant or respondent fails to attend or remain in attendance at a discipline hearing under

section 75.

If satisfied that the applicant or respondent has been notified of a hearing referred to in subsection (1), the discipline committee of a regulatory body or the panel, as applicable, may proceed with the hearing in the absence of the applicant or respondent and make any order that the discipline committee or panel could have made in the presence of the applicant or respondent.

Right to counsel

An applicant or respondent may appear with counsel at a discipline hearing under

section 75.

The board, an employee or officer or a committee of a regulatory body may employ or retain legal or other assistance in exercising any power, authority or jurisdiction conferred under this Act, including the conduct of an audit, practice review or discipline investigation or the issuance of a citation, and may be represented by counsel at a discipline hearing under

section 75.

A discipline committee or panel may employ or retain legal or other assistance in conducting a hearing.

Witnesses

For the purposes of a discipline hearing under

section 75 of this Act, the following provisions of the Administrative Tribunals Act apply to the panel:

section 34 (3) and (4) [power to compel witnesses and order disclosure] ;

section 48 [maintenance of order at hearings] ;

section 49 [contempt proceeding for uncooperative witness or other person] .

A regulatory body or a respondent may apply to the Supreme Court, without notice to anyone, for an order that a subpoena in the form set out in the Supreme Court Civil Rules be issued to compel the attendance of a person as a witness at a discipline hearing under

section 75 of this Act.

The Supreme Court Civil Rules in respect of the following apply to a person who is the subject of an order under subsection (2) of this section:

the use of a subpoena to compel a person to attend at the trial of an action;

failure to obey a subpoena or an order of the court.

Costs

A discipline committee or panel, in the context of a discipline hearing under

section 75, may require the respondent to pay the costs of one or both of the following:

an investigation;

the hearing under

section 75.

Costs assessed under subsection

(1) must not exceed the actual costs incurred by the regulatory body during the course of the investigation and hearing, and

may include the salary costs for employees or officers engaged in the investigation and hearing.

The board may make bylaws governing the assessment of costs under subsection (1), including the following:

the factors to be considered in assessing costs;

the maximum amount of costs that may be assessed within the limits set out in subsection (2);

the time allowed for payment of costs;

the extension of time for payment of costs.

The amount of costs assessed against a respondent under subsection (1) may be recovered as a debt owing to a regulatory body and, when collected, that amount is the property of the regulatory body.

Time limit for judicial review

81.1

In this section, statutory power means a statutory power as defined in the Judicial Review Procedure Act , other than a power to make a regulation or a bylaw.

An application for judicial review of a decision in respect of the exercise of a statutory power under this Division or under

section 48 [review on the record] must be brought within 60 days of the date the applicant receives written notice of the decision.

Despite subsection (2), either before or after expiration of the period of time in that subsection, the court may extend the period of time for bringing the application, on terms the court considers proper, if it is satisfied that

there are serious grounds for relief,

there is a reasonable explanation for the delay, and

no substantial prejudice or hardship will result to a person affected by the delay.

Other Matters

Information to be publicly available

The board of each regulatory body must, in accordance with this

section and any regulations made under subsection (4), make bylaws about information that is to be made publicly available by the regulatory body in respect of the following:

discipline hearings;

consent orders;

any other matter prescribed by regulation.

The information described in subsection (1) is to be made publicly available on a website maintained by or on behalf of the regulatory body and published in the form, manner and time period required by the bylaws.

Information that is to be made public must include the following:

if a registrant's conduct is at issue, the name of the registrant;

the fact that a citation is issued;

any other information prescribed by regulation of the Lieutenant Governor in Council.

The Lieutenant Governor in Council may make regulations in respect of

any exceptions in respect of the application of this section, and

any other matter relating to information that is to be made publicly available under this section.

If registration of firm as registrant suspended or cancelled

A decision to suspend or cancel, as applicable, the registration of a registrant of a regulatory body that is a firm under the following sections may, by order of the Lieutenant Governor in Council, be rescinded, varied or substituted:

section 67 [extraordinary action to protect public] ;

section 75 [discipline hearings] .

The Lieutenant Governor in Council may, by order, impose limits or conditions on the regulated practice by a registrant that is a firm if the decision to suspend or cancel the firm's registration is rescinded, varied or substituted under subsection (1).

An order by the Lieutenant Governor in Council under this

section

is not limited to the same considerations taken into account in the decision referred to in subsection (1) to suspend or cancel the registration, and

does not affect any other provisions under this Act that apply in respect of the registrant.

Limited liability partnerships

83.1

In this section, limited liability partnership means a partnership registered as a limited liability partnership under

Part 6 of the Partnership Act .

The liability of a registrant for the registrant's own professional negligence is not affected by the fact that the registrant is providing services in respect of a regulated practice through a limited liability partnership.

The application of the provisions of this Act and the regulations and the bylaws of a regulatory body is not affected by a registrant's relationship to a limited liability partnership as a partner, employee or contractor.

Applicable Regulatory Bodies

Specified Regulatory Bodies Continued as Regulatory Bodies Under This Act

Specified regulatory bodies continued as regulatory bodies under this Act

The British Columbia Institute of Agrologists continued under the Agrologists Act , S.B.C. 2003, c. 13, is continued as a regulatory body under this Act and

its bylaws continue as bylaws made under this Act, except to the extent that they are inconsistent with this Act,

its board is continued as a board under this Act,

each individual who is a board member of the board continued under paragraph (

b) is continued as a board member under this Act,

its registrar is continued as a registrar under this Act, and

its registered members of the institute continue as registrants under this Act.

The Applied Science Technologists and Technicians of British Columbia continued under the Applied Science Technologists and Technicians Act , R.S.B.C. 1996, c. 15, is continued as a regulatory body under this Act and

its bylaws continue as bylaws made under this Act, except to the extent that they are inconsistent with this Act,

its board is continued as a board under this Act,

each individual who is a board member of the board continued under paragraph (

b) is continued as a board member under this Act,

its registrar is continued as a registrar under this Act, and

its registered members continue as registrants under this Act.

The College of Applied Biology established under the College of Applied Biology Act , S.B.C. 2002, c. 68, is continued as a regulatory body under this Act and

its bylaws continue as bylaws made under this Act, except to the extent that they are inconsistent with this Act,

its board is continued as a board under this Act,

each individual who is a board member of the board continued under paragraph (

b) is continued as a board member under this Act,

its registrar is continued as a registrar under this Act, and

its registered members of the college continue as registrants under this Act.

The Association of Professional Engineers and Geoscientists of the Province of British Columbia continued under the Engineers and Geoscientists Act , R.S.B.C. 1996, c. 116, is continued as a regulatory body under this Act and

its bylaws continue as bylaws made under this Act, except to the extent that they are inconsistent with this Act,

its board is continued as a board under this Act,

each individual who is a board member of the board continued under paragraph (

b) is continued as a board member under this Act,

its registrar is continued as a registrar under this Act, and

its registered members continue as registrants under this Act.

The Association of British Columbia Forest Professionals continued under the Foresters Act , S.B.C. 2003, c. 19, is continued as a regulatory body under this Act and

its bylaws continue as bylaws made under this Act, except to the extent that they are inconsistent with this Act,

its board is continued as a board under this Act,

each individual who is a board member of the board continued under paragraph (

b) is continued as a board member under this Act,

its registrar is continued as a registrar under this Act, and

its registered members continue as registrants under this Act.

Each individual who is a board member of a board continued under this

section may continue as a board member under this Act until the earliest of the following:

the expiry of the term of the appointment or term of office that applied on the day of the coming into force of this section;

the resignation or disqualification of the board member;

the expiry of the term that applies to the board member under

section 24 [term limits] of this Act;

the appointment or term of office otherwise ends before its expiration.

Designating Professions

Application for designation

A professional regulator or professional organization seeking designation of its profession under this Act must apply to the superintendent.

An application under subsection (1) must be in the form and contain the information required by the superintendent and must be submitted with the fee prescribed by the Lieutenant Governor in Council.

On receiving an application under subsection (1), the superintendent may

refuse the application without assessment, or

conduct an assessment the superintendent considers necessary to determine whether the profession should be designated under this Act.

Assessment regarding possible designation

The superintendent may, in the absence of an application under

section 85 (1), conduct an assessment of a profession to determine whether it should be designated under this Act.

If the superintendent decides to conduct an assessment under subsection (1) or

section 85 (3) (

b) to determine whether a profession should be designated under this Act, the superintendent must give public notice of the assessment in the Gazette and on a website maintained by or on behalf of the superintendent.

Without limiting an assessment under this Act, other than an assessment under Division 3 [Amalgamation of Regulatory Bodies] , the superintendent may do one or more of the following for the purposes of the assessment:

require the professional regulator or professional organization to provide further information;

examine the directors and officers of the professional regulator or professional organization;

seek the advice of other professional regulators, professional organizations or persons;

if the superintendent considers the action to be in the best interests of the professional regulator or professional organization or of the public, hold hearings the superintendent considers necessary in a manner the superintendent determines;

take other actions the superintendent considers necessary and incidental to the consideration of the application or matter.

If the superintendent holds a hearing under subsection (3) (d), the superintendent may order a person to

attend the hearing,

give evidence, and

produce records in the possession of or under the control of the person.

On application by the superintendent to the Supreme Court, a person who fails to attend or to produce records as required by an order under subsection (4) is liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

Subject to the regulations, the superintendent may charge to a professional regulator or professional organization part of the costs, including the administrative costs, incurred by the superintendent to conduct an assessment regarding the professional regulator's or professional organization's application under

section 85 (1).

Assessment and recommendation respecting designation of profession

If the superintendent conducts an assessment under

section 85 (3) (b) [application for designation] or 86 (1) in respect of a profession, the superintendent must provide a report to the minister that includes the following:

a recommendation respecting whether the profession should be designated by regulation under

section 89 (1) [designation of profession] ;

if the superintendent recommends that the profession be designated, a recommendation respecting which one of the following sections should apply:

section 90.1 [new regulatory body established under this Act] ;

section 90.2 [continuation of professional regulator as regulatory body under this Act] ;

iii

section 90.4 [existing regulatory body to be responsible for designated profession] .

Before providing a report to the minister under subsection (1), the superintendent must do the following:

consider at least the following matters:

the degree of risk to the environment and to the health or safety of the public from incompetent, unethical or impaired practice of the profession;

the degree of supervision necessary or desirable in respect of a person practising the profession;

iii

the degree of supervision that a person practising the profession receives or is likely to receive with respect to that practice;

the educational programs that exist in British Columbia or elsewhere for the proper education and training of persons with respect to the practice of the profession and the contents of those programs;

any information obtained during the assessment;

any prescribed criteria respecting matters of public interest that must be considered by the superintendent;

provide a copy of the report to the following, as applicable:

the professional regulator or professional organization that made the application to the superintendent under

section 85 (1);

the professional regulator that governs the profession in respect of which the superintendent conducted the assessment;

iii

a professional organization that, in the opinion of the superintendent, is closely associated with the profession in respect of which the superintendent conducted the assessment;

give the applicable professional regulator or professional organization referred to in paragraph (

b) an opportunity to be heard.

The minister must

consider the report provided to the minister under subsection (1),

decide whether it would be in the public interest to recommend to the Lieutenant Governor in Council that the profession be designated by regulation under

section 89 (1), and

if the minister makes a recommendation to the Lieutenant Governor in Council under paragraph (b), include a recommendation respecting which one of the following sections should apply:

section 90.1;

section 90.2;

iii

section 90.4.

The minister must, in relation to the minister's decision under subsection (3) (

b) and, if applicable, the minister's recommendation under subsection (3) (c), provide written reasons to the applicable persons referred to in subsection (2) (b).

The superintendent must publish the minister's written reasons under subsection (4) on a publicly accessible website maintained by the superintendent.

For certainty, if the minister decides not to make a recommendation to the Lieutenant Governor in Council that a profession be designated under

section 89 (1), an application made to the superintendent under

section 85 (1) in respect of the designation of the profession is deemed to have been refused.

Regulations in respect of applications for designation

The Lieutenant Governor in Council may make regulations in respect of the following:

fees, or rates or levels of fees, to be submitted with an application under

section 85 (1);

limits on the superintendent's authority to charge costs under

section 86 (6).

[Repealed 2023-49-8.]

Designation of profession

0.1

[Repealed 2023-49-9.]

The Lieutenant Governor in Council may, by regulation, designate a profession for the purposes of this Act.

1.1

In a regulation made under subsection (1), the Lieutenant Governor in Council must do one of the following:

specify

that a new regulatory body is to be established under

section 90.1 [new regulatory body established under this Act] ,

the date on which the establishment of the new regulatory body is to have effect,

iii

the name that must be used by the new regulatory body, and

if applicable, the name of the professional regulator that, as of the date under subparagraph (ii), will cease to be responsible for the governance of the designated profession;

specify

the professional regulator that is to be continued as a regulatory body under

section 90.2 [continuation of professional regulator as regulatory body under this Act] ,

the date on which the continuation is to have effect, and

iii

the name that must be used by the regulatory body, if the name is not the same as the name of the professional regulator;

specify

the existing regulatory body that, under

section 90.4 [existing regulatory body to be responsible for designated profession] , is to be responsible for carrying out the objects of this Act in respect of the designated profession,

the date on which responsibility is to commence, and

iii

if applicable, the name of the professional regulator that, as of the date under subparagraph (ii), will cease to be responsible for the governance of the designated profession.

In respect of a designated profession, the Lieutenant Governor in Council may, by regulation, prescribe the following matters:

[Repealed 2023-49-9.]

one or more titles to be used exclusively by registrants in accordance with

Part 5 [Reserved Titles and Reserved Practice] ;

limits or conditions in respect of the use of titles prescribed under paragraph (

b) in accordance with

Part 5;

services that may be provided only by registrants in accordance with

Part 5;

services that may be provided under the supervision of a registrant by a person who is not a registrant;

services that may be provided by a registrant despite a limitation or prohibition, including a limitation or prohibition under another enactment;

restricted activities that may be performed by registrants in the course of providing services referred to in paragraphs (

d) to (

f) in accordance with

section 43 (1) [restricted and specialized areas of practice] ;

limits or conditions on the performance of restricted activities referred to in paragraph (g);

requirements under this Act from which the regulatory body prescribed for the profession is exempted;

matters in respect of which the regulatory body prescribed for the profession may not make bylaws.

A designation under subsection (1) and regulations under subsection (2) may recognize that 2 or more professions are included in the designation.

If subsection (3) applies, this Act, the regulations or the bylaws of the regulatory body responsible for carrying out the objects of this Act in respect of the designated professions may be applied to

each designated profession separately, or

2 or more designated professions jointly.

Subject to subsection (6), notice of a proposal to make, amend or repeal a regulation under this

section must be given to the regulatory body of each profession prescribed by the Lieutenant Governor in Council for the purpose of this subsection.

A notice under subsection (5) must be given to the regulatory body

at least 3 months before the regulation, amendment or repeal comes into force, or

if the Lieutenant Governor in Council prescribes a shorter notice period, within that shorter period.

2.1

Establishment of Regulatory Bodies and Continuation of Professional Regulators as Regulatory Bodies

Repealed

[Repealed 2023-49-11.]

New regulatory body established under this Act

90.1

If a regulation under

section 89 (1) [designation of profession] specifies that this

section applies in respect of a designated profession,

a corporation responsible for carrying out the objects of this Act is, on the date specified in the regulation, established as a regulatory body under this Act in respect of the designated profession,

the regulatory body must, on the date specified in the regulation, assume responsibility for carrying out the objects of this Act, and

if applicable, the professional regulator referred to in the regulation must, on the date specified in the regulation, cease to hold responsibility for carrying out the objects of this Act.

Continuation of professional regulator as regulatory body under this Act

90.2

If a regulation under

section 89 (1) [designation of profession] specifies that this

section applies in respect of a designated profession, the specified professional regulator, effective on the date specified in the regulation, is

continued as a regulatory body under this Act, and

responsible for carrying out the objects of this Act in respect of the designated profession.

Regulations respecting establishment or continuation

90.3

In this section:

affected professional regulato