Bill 23 — Third Session, 30Th Legislature, 71 Elizabeth Ii the Legisla Tive Assembly of Alberta Bill 23 Professional Governance Act (Legislature 30, Session 3)

L30 S3 11981

Alberta — Bills

2022 Bill 23 Third Session, 30th Legislature, 71 Elizabeth II THE LEGISLA TIVE ASSEMBLY OF ALBERTA BILL 23 PROFESSIONAL GOVERNANCE ACT THE MINISTER OF LABOUR AND IMMIGRATION Firs t Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 23 BILL 23 2022 PROFESSIONAL GOVERNANCE ACT ( A s s e n t e d t o , 2 0 2 2 ) Table of Contents

Part 1

Definitions and Purpose 1

Definitions 2 Purposes of this Act

Part 2 Continuance, Designation of and Changes to Professional Regulatory Organizations Division 1 Continuation of Professional Regulatory Organizations and Application of this Act 3 Application of this Act Division 2 Establishment of Regulatory Models 4 Regulatory models 5 Regulatory models for professi onal regulatory organizations continued under this Act 6 General characteristics of regulatory models 7 Designation of professional governance officers 8 Regulatory models applicable to new, existing and amalgamated professions

2 Division 3 Designation of Professional Regulatory Organizations and Changes to the Regulatory Model 9 Applications 10 Application process 11 Review of application 12 Advice re application 13 Ministerial recommendation re garding applications for designation 14 Approval of application for designation as a professional regu latory organization 15 Response to application for change in regulatory model or name Division 4 Inspections, Administrators and Designation Review 16 Inspections 17 Designation review 18 Appointment of administrator 19 Minister’s recommendation re revocation of designation 20 Revocation of designation 21 Judicial review

Part 3 Amalgamation 22

Definitions 23 Eligibility to apply 24 Application for amalgamation 25 Minister may propose amalgamation 26 Review by professional governance officer 27 Advice re amalgamation 28 Ministerial recommendation re amalgamation 29 Approval of amalgamation 30 Effect of amalgamation

Part 4 Governance and Accountability Division 1 General Duties and Responsibilities 31 General duties and responsibilities of a professional regulatory organization 32 Prohibition re professional fees 33 Prohibition re bargaining agen ts and regulations re advocacy 34 General duties and responsibilities of a governing body 35 General duties and responsibilities of registrants 36 General duties and responsi bilities of public members Division 2 Governing Body, Committees and Tribunals 37 Governing body established 38 Committees 39 Committee membership 40 Complaints inquiry committees 41 Non-registrant members 42 Expert members 43 Powers, duties and functions of committees 44 Tribunal list 45 Discipline tribunal 46 Appeal tribunal 47 Quorum 48 Appointment of secretaries 49 Joint committees and joint tribunals 50 Panels and task forces 51 Terms and continuing to serve beyond expiry 52 Vacancies and absences 53 Death or inability of members to continue 54 Carrying out the professional r egulatory organization’s functions 55 Governing body delegation 56 Individual and committee delegation Division 3 Public Members and Public Accountability 57 Appointments and the public member roster

4 58 Eligibility 59 Term length and term limits 60 Remuneration Division 4 Administration and Administrative Matters 61 Annual report 62 Directory of officials Division 5 Rules of Professional Conduct, Code of Ethics and Practice Standards 63 Establishment of rules, code of eth ics and practice standards

Part 5 Registration Division 1 Categories and Classes of Registrants 64 Categories and classes of r egistrants and consideration of applications Division 2 Registration of Individual and Temporary Registrants 65 Types of applications 66 Application for registration 67 Consideration of application 68 Decision on application 69 Steps after registration approval 70 Evidence of registration 71 Evidence of professional practice 72 Temporary registrants Division 3 Business Registration 73 Business registrants Division 4 Continuing Registration 74 Continuing registration

5 Division 5 Reinstatement 75 Reinstatement following a non-disciplinary cancellation 76 Reinstatement following a disciplinary cancellation 77 Revocation of disciplinary suspension 78 Cancellation on death Division 6 Maintaining the Register and Related Records 79 Maintaining the register 80 Additional registrant information 81 Access to registr ant information 82 Return of evidence of registration and evidence of professional practice Division 7 Appeals 83 Appeal to appeal tribunal

Part 6 Competence and Continuing Competence 84 Continuing competence program 85 Role of a competence committee 86 Referral to the compla ints inquiry committee

Part 7 Practice Review 87 Purpose of practice review 88 Practice review committee duties and responsibilities 89 Practice reviewer powers 90 Conduct of practice review 91 D e c i s i o n 92 Appeal to appeal tribunal

Part 8 Complaints Inquiry Process Division 1 Purpose 93 Purpose Division 2 Complaints, Reviews and Mediation 94 Complaints 95 Jurisdiction over former registrants 96 Initial review of complaints 97 Particulars and response 98 Voluntary communication encouraged 99 Alternative complaint resolution 100 Settlement 101 Withdrawal 102 Sanction agreements 103 Voluntary resignation Division 3 Processing Complaints 104 Duty of the CIC chair 105 Investigator’s power re other conduct 106 Investigation powers and duties 107 Disclosure to other professional regulators 108 Duty of the complain ts inquiry committee 109 Appeal from decision to take no further action Division 4 Discipline Tribunal Proceedings 110 Discipline tribunal hearing 111 Bias prevention 112 Representation before discipline tribunal 113 Notice of hearing and particulars of allegation 114 Amending or deleting allegations of unprofessional conduct 115 Other matters of unprofessional conduct 116 Evidence and procedure

7 117 Compellable witnesses 118 Notice to attend and produce records, information, substances or things 119 Commission evidence 120 Communication to di scipline tribunal 121 Civil contempt proceedings 122 Proceedings in the absence of investigated party 123 Unprofessional conduct 124 Discipline tribunal findings 125 Discipline tribunal orders 126 C o s t s 127 Failure to pay 128 Written decisions and dissents 129 Publication of decisions 130 Ability to rehear 131 Hearing records to be retained 132 Failure to comply with orders and undertakings Division 5 Appeal Rights, Disciplinary Proceedings Outside Alberta and Circulating Decisions 133 Appeal to appeal tribunal 134 Disciplinary proceedings outside Alberta 135 Stay pending appeal 136 Circulation of decisions Division 6 Additional Suspension and Cancellation Powers 137 Temporary suspension 138 Charges and convictions for indictable offences 139 Falsely obtained registration

Part 9 Assessing Incapacity 140 Assessing incapacity

Part 10 Appeals and Court Enforcement of Decisions Division 1 Appeals to Appeal Tribunal 141 Notice of appeal 142 Review of the notice of appeal 143 Representation before appeal tribunal 144 Appeal is based on the record of proceedings 145 Communication to appeal tribunal 146 Appeal tribunal decisions 147 Publication of decisions 148 Appeal records to be retained 149 Stay pending appeal 150 Ability to rehear 151 Finality of appeal tribunal decisions Division 2 Appeal to a Court of Appeal 152 Appeal to a Court of Appeal 153 Appeal on record 154 Power of Court of Appeal Division 3 Court Enforcement of Decisions 155 Court enforcement of decisions

Part 11 Other Matters 156 Confidentiality 157 Commissioners for oaths 158 Public and private proceedings 159 Records, information, substances or things obtained in the course of proceedings 160 Duty to report 161 Reporting by registrants 162 Complaints to Ombudsman 163 Protection against compulsory testimony

9 164 Protection from legal proceedings 165 Prohibition on municipal licences 166 Restrictions on non-regulated membership 167 Writing includes electronic means 168 Electronic delivery of notices 169 Maintenance of records th rough electronic means 170 Virtual meetings 171 Service of documents 172 Records retention 173 Website

Part 12 Offences and Penalties 174 Offences and penalties 175 Burden of proof

Part 13 Practice and Business Arrangements 176 Practice arrangements 177 Authority respecting business arrangements

Part 14 Practice Prohibitions and Restricted Titles Division 1 Practice Prohibitions 178 General prohibition of practice 179 Prohibited use of stamp or seal 180 Practice prohibition wh ile suspended or cancelled 181 Obstruction Division 2 Restricted Titles and Misrepresentation 182 Use of restricted titles 183 Specialist 184 Student 185 Misrepresenting as a professional regulatory organization 186 Misrepresentation of registrant status

10 187 Misrepresentation 188 Injunction

Part 15 Ministerial and Regulation-making Authorities 189 C o s t s 190 Profession-specific bylaws 191 Minister disallowan ce of bylaws, rules of professional conduct, code of ethics or practice standards 192 Ministerial oversight Ministerial Regulations 193 General regulations 194 Ministerial regulations re

definitions 195 Ministerial regulations re applications, inspections and designation reviews 196 Ministerial regulations re governance and accountability 197 Ministerial regulations re registration, registrants and regis trant information 198 Ministerial regulations re practice review 199 Ministerial regulations re complaints inquiry process 200 Ministerial regulations re assessing incapacity 201 Ministerial regulations re busin ess entities, practice in association, practice arrangements and custodial orders 202 Ministerial regulations re non -regulated members and specialists

Part 16 Bylaw-making Authorities 203 Consultation with Ministers required 204 Bylaws re governance and accountability 205 Bylaws re categories and cl asses of registrants and non-regulated members 206 Bylaws re applications for registration 207 Bylaws re continuing regist ration and reinstatement 208 Bylaws re temporary registration 209 Bylaws re business registrants 210 Bylaws re fees and costs for registration and reinstatement applications

11 211 Bylaws re information management 212 Bylaws re other registrants and supervision of registrants 213 Bylaws re specialists 214 Bylaws re competence and continuing competence 215 Bylaws re practice review 216 Bylaws re complaints inquir y processes and proceedings 217 Bylaws re custodial orders 218 Bylaws re appeal tribunal decisions 219 Bylaws re business arrangements 220 Bylaws re restricted titles 221 Bylaws re other matters 222 Bylaws re Alberta Land Surveyors’ Association 223 Bylaws re joint tribunals 224 Bylaws re Alberta Veterinary Medical Association 225 Adoption of bylaws and coming into force 226 Copies of bylaws 227 Non-application of the Regulations Act 228 Regulations supersede bylaws

Part 17 Transitional and Related Provisions, Consequential and Related Amendments, Repeals and Coming into Force Division 1 Transitional and Related Provisions 229 Transitional —

definitions and

interpretation 230 Transitional — cont inuing entities 231 Transitional — regulated profession 232 Transitional — initial governing body 233 Transitional — committees and tribunals 234 Transitional — public members 235 Transitional — regulations 236 Transitional — bylaws 237 Transitional — rules, codes and standards 238 Transitional — registrants 239 Transitional — registration applications 240 Transitional — complaints, investigations and discipline proceedings

12 241 Transitional — appeals 242 Transitional — orders, undertakings, conditions and restrictions 243 Exercise of authority prior to commencement 244 Transitional regulations Division 2 Consequential Amendments and Related Amendments 245-266 Consequential and related amendments Division 3 Repeals and Coming into Force 267 Repeals 268 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Part 1

Definitions and Purpose

Definitions 1 In this Act, (a) “alternative complaint resolution process” means a process established under

section 99 to assist in resolution of a complaint made under

section 94; (b) “appeal tribunal” means an appeal tribunal convened under

section 46; (c) “appeal tribunal list chair” means an individual appointed under

section 44(2) as appeal tribunal list chair and includes the appeal tribunal list vice-chair, if any; (d) “appeal tribunal secretary” means an individual appointed under

section 48(1) as appeal tribunal secretary and includes an individual designated by an appeal tribunal secretary to act on behalf of the appeal tribunal secretary; (e) “applicant” means a person who applies

13 (

i) to become a registrant of a professional regulatory organization, or (ii) for reinstatement as a registrant of a professional regulatory organization; (f) “business entity” means (

i) a partnership, (ii) a limited liability partnership, (iii) a corporation, (iv) a professional corporation, and (

v) any other entity defin ed in the regulations as a business entity; (g) “business registrant” m eans a business entity that is registered under

Part 5 or whose registration under a former Act is continued under this Act; (h) “bylaw” means a bylaw made by the governing body of a professional regulatory organization; (i) “chair of the governing bo dy” means a chair selected under

section 37; (j) “CIC chair” means the individual designated by the governing body of a professional regulatory organization as chair of its complaints inquiry committee under

section 40; (k) “CIC secretary” means an individual appointed as CIC secretary under

section 48(1) and includes an individual designated by a CIC secretary to act on behalf of the CIC secretary; (l) “code of ethics” means the code of ethics established by the governing body of a professional regulatory organization under

section 63; (m) “committee” means any or all of the following, as the case may be: (

i) registration committee;

14 (ii) complaints inquiry committee; (iii) competence committee; (iv) practice review committee; (

v) a joint review committee th at serves the function of a committee referenced in subclauses (

i) to (iv); (n) “competence” mean s the combined education, experience, knowledge, skills, proficiency, attitudes and judgment required by a registrant to provide professional services; (o) “competence committee” means the competence committee, if any, established by a governing body under

section 38(2); (p) “complaints inquiry committee” means the complaints inquiry committee of a professional regulatory organization established under

section 38(1); (q) “conduct” includes

an act o r omission, whether or not the conduct relates to the professional activities of a registrant or former registrant; (r) “continuing competence pr ogram” means the program established by a governing body under

section 84; (s) “department” means the department administered by the Minister; (t) “designation review” mean s an investigation and review by a professional governance officer under

section 17; (u) “discipline tribunal” means a discipline tribunal convened under

section 45; (v) “discipline tribunal list chair” means an individual appointed under

section 44(2) as discipline tribunal list chair and includes a discipline tribunal list vice-chair, if any; (w) “discipline tribunal secr etary” means an individual appointed as discipline tribunal secretary under

section 48(1) or an individual designated by a discipline tribunal secretary to act on behalf of the discipline tribunal secretary;

15 (x) “domestic trade agreemen t” means a domestic trade agreement as defined in

Schedule 6 to the Government Organization Act; (y) “evidence of professional practice” means a practice permit or other similar type of document or thing issued by a professional regulatory organization under

section 71; (z) “evidence of registration” includes any document or thing that is provided by a professional regulatory organization as evidence of registration or continuing registration; (aa) “exclusive scope of prac tice” means a scope of practice of a regulated profession in which only registrants of that professional regulatory organization, or a specific category or class of registrant of that professional regulatory organization, are authorized to engage in the provision of services, unless otherwise provided by the regulations; (bb) “former Act” means

an Act l isted in

section 267 or

an Act that regulated a profession or occupation before it was designated as a professional regulatory organization under

section 14 or amalgamated under

section 29; (cc) “former registrant” means a person who was but is no longer registered under this Act or a former Act; (dd) “good standing” when used in reference to a registrant means that the registrant’s registration is not suspended or cancelled; (ee) “governing body” means the governing body of a professional regulatory organization established under

section 37; (ff) “incapacitated” means suff ering from a physical, mental or emotional condition or disorder or an addiction to alcohol or a drug as defined in the Pharmacy and Drug Act or other chemicals that impairs the ability of a registrant to provide professional services in a safe and competent manner; (gg) “individual” means a human being;

16 (hh) “individual registrant” means an individual who is registered by a professional regulatory organization under

Part 5 or whose registration under a former Act is continued under this Act; (ii) “international treaty” means an international treaty recognized by order of the Minister that a professional regulatory organization is required to comply with; (jj) “investigated party” means (

i) a registrant inves tigated under

Part 8, or (ii) a former registrant investigated under

Part 8 in respect of conduct occurring when the person was registered under this Act or a former Act; (kk) “investigator” means a person appointed under

Part 8 to conduct an investigation; (ll) “life” means all living things; (mm) “Minister” means the Minister responsible for this Act under

section 16 of the Government Organization Act; (nn) “non-regulated member” means a person that is enrolled as a member of a professional regulatory organization under a bylaw of that professional regulatory organization but is not a registrant; (oo) “Ombudsman” means the Ombudsman appointed under the Ombudsman Act; (pp) “person” means an individual or a business entity; (qq) “practice arrangement” means an arrangement under which a registrant may provide professional services and includes providing professional services as, in relationship to, or on behalf of (

i) a business entity, (ii) a self-employed individual, (iii) an employee, (iv) an employer,

17 (

v) a p a r t n e r , (vi) a shareholder, (vii) a director, (viii) a joint venture, (ix) a practice in association, and (

x) any other practice a rrangement specified by the Minister by regulation; (rr) “practice in association” means the provision of professional services conducted in cooperation with another person, other than in a business entity, where one or more of the following occur: (

i) joint advertising; (ii) shared office telephone number; (iii) combined client billing for services provided by more than one person; (iv) shared offi ce reception area; (

v) shared office or work space expenses; (vi) shared administrativ e functions or expenses; (vii) shared ownership or use of premises, equipment, furnishings or other property; (viii) shared employees; (ix) other circumstances that constitute practice in association under the regulations made under

section 201; (ss) “practice review” means a review of the practice of a registrant under

Part 7; (tt) “practice review committ ee” means a practice review committee, if any, established by a governing body under

section 38(2);

18 (uu) “practice standards” m eans the practice standards established by a governing body under

section 63; (vv) “profession” mean s a pursuit, calling, or area of expertise, including an occupation, which is characterized by a generally accepted requirement that persons who engage in it must exhibit integrity and competence; (ww) “professional associati on” means a society under the Societies Act, a company registered under

Part 9 of the Companies Act or any other corporation or group of persons that has members who work in a profession that is not regulated as a profession under this Act or any other similar enactment; (xx) “professional f ee” means a fee charged by an individual registrant, a temporary registrant or a business registrant for a professional service, and includes a fee charged by or through (

i) a business entity that is not a registrant, or (ii) another practice arrangement for professional services of a registrant; (yy) “professional governance o fficer” means an employee of the public service of Alberta designated under

section 7(1); (zz) “professional regulator” means an organization that regulates a profession but is not subject to this Act, and includes such an organization outside Alberta; (aaa) “professional regulat ory organization” means a professional regulatory organization continued or designated under

Part 2 of this Act or established by an amalgamation under

Part 3 of this Act; (bbb) “professional regulatory organization’s regulatory model ” means the regulatory model applied to a regulated profession under this Act and the regulations; (ccc) “professional service” mean s a service that comes within the scope of practice of a regulated profession;

19 (ddd) “public member” means an individual who is appointed by the Minister as a public member in accordance with

section 57; (eee) “record of pr oceedings” means (

i) with respect to proceedings before a tribunal, (

A) records, information, substances or things received as evidence at the proceedings, and (

B) the transcript of the proceedings, if a transcript is created, a n d (ii) with respect to proceedi ngs where a right of appeal exists under this Act, other than proceedings before a tribunal, (

A) records, information, substances or things considered by the decision-maker, and (

B) the transcript of the proceedings, if a transcript is created; (fff) “records” mean a record o f information in any form, including (

i) notes, plans, drawing s, images, letters, tapes, audiovisual recordings, emails, images, books, vouchers, papers, photographs, x-rays, spread sheets and any other information that is written, photographed, recorded or stored in any manner, and (ii) the result of the recording of details of electronic data processing systems and programs to illustrate what the systems and programs do and how they operate; (ggg) “register” means the reg ister of the registrants of a professional regulatory organization that is required to be established and maintained under

section 79; (hhh) “registrant” means a per son who is registered by a professional regulatory organization as an individual registrant, a temporary registrant, a business registrant or a registrant in a category prescribed by the regulations;

20 (iii) “registrar” means the individual appointed as the regist rar of a professional regulatory organization under

section 34; (jjj) “registration committee” means the registration committee of a professional regulatory organization established under

section 38(1); (kkk) “regulated profession” m eans a profession that is regulated under this Act; (lll) “regulatory model” means th e combination of one or more characteristics set out in

Part 2, Division 2 that is the foundation for the terms under which the registrants of a professional regulatory organization will engage in the practice of the profession under this Act; (mmm) “restricted title” means a title, alone or in combinatio n with any other title, name, description, abbreviation, initials, letter or symbol, that the registrants of a regulated profession are authorized to use under this Act and that other persons are prohibited from using, unless otherwise provided by the regulations; (nnn) “rules of professional conduct” means rules of professional conduct established by a governing body under

section 63; (ooo) “temporary registrant” means an individual who is registered by a professional regulatory organization under

section 72 or whose registration as temporary registrant under a former Act is continued under this Act; (ppp) “tribunal” means any or all of the following: a discipli ne tribunal, an appeal tribunal or a joint tribunal prescribed in the regulations. Purposes of this Act 2 The purposes of this Act are (

a) to protect the public inter est and the interest of public safety by safeguarding (

i) life, health and the environment, and (ii) the property and economic interests of the public,

21 (

b) to protect the integrity of professions governed by this Act, (

c) to promote and increase th e competence of registrants, (

d) to regulate the conduct of registrants, (

e) to ensure that, subject to defined exceptions, (

i) only persons authorized under this Act can use a restricted title, engage in a restricted activity or practice within an exclusive scope of practice, (ii) persons who are subject to mandatory registration register in a professional regulatory organization under this Act, and (iii) where a person is require d to voluntarily register to use a restricted title or engage in an activity, only persons who have voluntarily registered use the title or engage in the activity, a n d (

f) to ensure that each professional regulatory organization administers its affairs and regulates its registrants in a manner that protects the public interest and the interest of public safety.

Part 2 Continuance, Designation of and Changes to Professional Regulatory Organizations Division 1 Continuation of Professional Regulatory Organizations and Application of this Act Application of this Act 3(1) This Act applies to (

a) a professional regulatory or ganization that is established under this Act,

22 (

b) a person who becomes a registrant of a professional regulatory organization under this Act, (

c) a professional regulatory organization that is continued under this Act, and (

d) a person who was a registrant, or who had similar status, in a professional regulatory organization that is continued under this Act.

(2) The following professional regulatory organizations are continued as a professional regulatory organization under this Act, and have the capacity and, subject to this Act, the rights, powers and privileges of a natural person: (

a) Alberta Assessor’s Association; (

b) Alberta Association of Architects; (

c) Alberta Association of Landscape Architects; (

d) Alberta Human Ecology and Home Economics Association; (

e) Alberta Institute of Agrologists; (

f) Alberta Land Surveyors’ Association; (

g) Alberta Professional Planners’ Institute; (

h) Alberta Shorthand Reporters’ Association; (

i) Alberta Society of Professional Biologists; (

j) Alberta Veterinar y Medical Association; (

k) Association of Alberta Forest Management Professionals; (

l) Association of Professional Engineers and Geoscientists of Alberta; (

m) Association of Science and Engineering Technology Professionals of Alberta; (

n) Association of School of Business Officials; (

o) Association of the Chemical Profession of Alberta; (

p) Canadian Information Pr ocessing Society of Alberta; (

q) Chartered Professional Accountants of Alberta; (

r) Consulting Engineers of Alberta; (

s) Electrical Contractors Association of Alberta; (

t) Institute of Certified Mana gement Consultants of Alberta; (

u) Society of Local Govern ment Managers of Alberta; (

v) Supply Chain Management Association of Alberta.

23 Division 2 Establishment of Regulatory Models Regulatory models 4(1) The Minister shall establish a regulatory model for each professional regulatory organization governed by this Act.

(2) In establishing a regulatory model for a professional regulatory organization, the Minister may make regulations (

a) establishing the scope of the profession and practice governed by the professional regulatory organization; (

b) imposing mandatory registration requirements for a person to provide a professional service to the public that is within the scope of professional practice of the professional regulatory organization; (

c) providing for voluntary registration and restrictions on t he use of a restricted title or other activities by those who do not voluntarily register; (

d) imposing conditions or restrictions on registrants of the professional regulatory organization; (

e) authorizing the use of a restricted title, alone or in combination with any other title, name, description, abbreviation, initials, letter or symbol, in such a way as to represent expressly or by implication that a person is a registrant or member of a professional regulatory organization or a certain class or category of registrant or member; (

f) authorizing registrants or a class or category of registrants to engage in a restricted activity or the provision of services that are part of an exclusive scope of practice; (

g) respecting the practi ce of a profession, practice prohibitions and restricted titles generally; (

h) respecting any other matters the Minister considers necessary for the purposes of this Act in relation to the professional regulatory organization’s regulatory model.

(3) When establishing a regulatory model for a professional regulatory organization, the Minister shall consider the

24 characteristics described in

section 6 and may use those or other characteristics to establish the regulatory model.

(4) Each professional regulatory organization must govern the profession to which it relates in accordance with the regulatory model established under this Act. Regulatory models for professional regulatory organizations continued under this Act 5(1) A professional regulatory organization that is continued under this Act will continue with the same rules relating to (

a) registration requirements to be eligible to engage in the profession, (

b) restricted activities, (

c) exclusive scopes of practice, and (

d) restricted titles that applied immediately prior to the coming into force of this Act until a regulation is made under subsection (2) that governs those things.

(2) The Minister may make regulations respecting the regulatory model that will apply to a professional regulatory organization that is continued under this Act. General characteristics of regulatory models 6 A professional regulatory organization’s regulatory model may have one or more of the following characteristics: (

a) voluntary registration, in which a person is not required to be registered to provide a professional service to the public but, if that person chooses to use a restricted title or engage in specified activities, the person must register in the professional regulatory organization; (

b) mandatory registration, in which a person who meets the requirements for registration under this Act must register with a professional regulatory organization before providing a professional service to the public that is

25 within the scope of the profession of the professional regulatory organization; (

c) restricted activities, in wh ich only a registrant, or a category or class of registrant, is authorized to engage in certain activities in providing professional services to the public that are designated as restricted activities under this Act; (

d) an exclusive scope of practice, in which only a registrant , or a specific category or class of registrant, is authorized to engage in the provision of services within a scope of practice established under this Act; (

e) a restricted title, in whic h only a registrant, or a category or class of registrant, may use a restricted title. Designation of professional governance officers 7(1) The Minister may designate employees of the public service of Alberta who meet the criteria set out in the regulations as professional governance officers for the purpose of this Act.

(2) A professional governance officer has the powers and performs the duties and functions prescribed by this Act and the regulations. Regulatory models applicable to new, existing and amalgamated professions 8(1) If (

a) a professional associa tion applies to become a professional regulatory organization, (

b) a professional regulatory or ganization applies for a change in the regulatory model to which the professional regulatory organization is subject, or (c) 2 or more professional regulatory organizations, or one or more professional regulatory organizations and one or more professional associations, apply to be amalgamated, a professional governance officer must provide the Minister with written advice on the regulatory model that should apply to the professional regulatory organization.

(2) In providing advice under this section, a professional governance officer must consider the characteristics described in

section 6 and may recommend the use of other characteristics for a regulatory model (

a) for a new professional regulatory organization, (

b) for a change to the regulatory model to which a professional regulatory organization is subject, or (

c) for an amalgamated professional regulatory organization under

Part 3. Division 3 Designation of Professional Regulatory Organizations and Changes to the Regulatory Model Applications 9(1) Subject to subsection (2), a professional association may apply in accordance with

section 10 to become a professional regulatory organization.

(2) A professional association that is regulated or that is eligible to be regulated under the Health Professions Act or the Apprenticeship and Industry Training Act is not eligible to apply to become a professional regulatory organization under this Act.

(3) A professional regulatory organization may apply for a change in the regulatory model to which the professional regulatory organization is subject by submitting an application in accordance with

section 10.

(4) A professional regulatory organization may apply in accordance with

section 10 for a change of name. Application process 10(1) An application must (

a) be in the form provided by the Minister, (

b) include the information required by the Minister, and (

c) include the fee set by the Minister by order.

(2) The Minister shall publish the application form, the information required to be included in the application and the fee amount on the department’s website.

(3) After an application is received under

section 9(1), (3) or (4), a professional governance officer may require the professional association or the professional regulatory organization to provide, within the time period determined by the professional governance officer, any additional information that the professional governance officer requires for the purposes of reviewing the application under

section 11.

(4) The professional governance officer may reject an application where (

a) the application does not meet the requirements of subsection (1), or (

b) the professional association or professional regulatory organization that made the application does not cooperate and provide the information required under subsection (3). Review of application 11(1) Subject to

section 10(4), when the professional governance officer is satisfied that an application is complete, any information required under

section 10(1)(

b) has been received and the fee set by the Minister under

section 10(1)(

c) has been received, the professional governance officer must within a reasonable time (

a) advise the professional association or the professional regulatory organization that the application is complete, and (

b) review the application to determine (

i) if the professional association should be designated as a professional regulatory organization and, if so, the regulatory model that should apply to the professional regulatory organization, (ii) if the regulatory model that currently applies to the professional regulatory organization should be changed to a new model, or

28 (iii) if the name of the professional regulatory organization should be changed.

(2) In reviewing an application, the professional governance officer must consider whether the proposed professional regulatory organization, proposed change to the regulatory model of an existing professional regulatory organization or proposed change to the name of a professional regulatory organization would (

a) serve to protect the public interest and the interest of public safety by safeguarding (

i) life, health and the environment, and (ii) the property and economic interests of the public, (

b) meet any other criteria established by regulation under

section 195, and (

c) otherwise be consistent with this Act.

(3) The professional governance officer may communicate with other professional regulatory organizations and other persons or take any other steps that the professional governance officer considers necessary in reviewing the application. Advice re application 12 After reviewing an application made under

section 10, the professional governance officer must provide written advice to the Minister (

a) on whether the professional association should be designated as a professional regulatory organization and, if so, on the regulatory model that should apply to the professional regulatory organization, (

b) on whether the regulatory model that currently applies to the professional regulatory organization should be changed to a new model, (

c) on whether the name of the professional regulatory organization should be changed, and (

d) on any other matter the professional governance officer considers necessary or that the Minister has sought advice on.

29 Ministerial recommendation regarding applications for designation 13 On receipt of the professional governance officer’s advice under

section 12, the Minister may recommend, in writing, that the Lieutenant Governor in Council issue an order designating a professional association as a professional regulatory organization if the Minister believes that doing so would serve the public interest and the interest of public safety. Approval of application for designation as a professional regulatory organization 14(1) On the recommendation of the Minister under

section 13, the Lieutenant Governor in Council may issue an order designating a professional association as a professional regulatory organization under this Act with the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

(2) If the Lieutenant Governor in Council has designated a professional association as a professional regulatory organization, the Minister may make regulations (

a) prescribing the name of the professional regulatory organization and any description of or abbreviation, initials, letter or symbol for the professional regulatory organization; (

b) establishing a regulatory model for the professional regulatory organization; (

c) respecting the establishment of the initial governing body , bylaws, registrants, register or any other matter necessary to effectively establish the professional regulatory organization.

(3) On the making of an order under subsection (1), a professional governance officer must provide a copy of the order to (

a) the professional association that applied under

section 10 , and (

b) the Minister designated under

section 16 of the Government Organization Act as the Minister responsible for the Post-secondary Learning Act.

30 Response to application for change in regulatory model or name 15 If the Minister accepts the advice of the professional governance officer under

section 12, the Minister may make regulations changing the name of a professional regulatory organization or the regulatory model that applies to a professional regulatory organization. Division 4 Inspections, Administrators and Designation Review Inspections 16(1) A professional governance officer may make any inquiries the professional governance officer requires for the purposes of determining whether or not a professional regulatory organization is complying with this Act and the regulations, including whether the professional regulatory organization (

a) is governing itself and the professional regulatory organization’s registrants appropriately having regard for the purposes of this Act, (

b) is conducting itself in a manner that maintains the confidence of the public with respect to its activities and those of its registrants, (

c) has adopted effective rule s of professional conduct, an effective code of ethics and effective practice standards, (

d) is meeting the requirements set out in this Act, the regulations and the bylaws of the professional regulatory organization respecting competence and continuing competence of the professional regulatory organization’s registrants, (

e) has taken the appropriate measures to (

i) avoid and detect professi onal practices or actions by registrants that are considered to be unprofessional conduct or that otherwise contravene the professional regulatory organization’s rules of professional conduct, code of ethics or practice standards, and

31 (ii) ensure that registrants are held accountable for the consequences of such practices or actions, a n d (

f) has paid any fees or costs required under this Act within the time period permitted.

(2) If the professional governance officer determines based on the professional governance officer’s inquiries that a professional regulatory organization has failed to comply with any of the matters set out in subsection (1), the professional governance officer may issue a direction to the professional regulatory organization to comply with the specific matters identified in the direction and the professional regulatory organization must comply with the direction.

Designation review 17(1) The Minister may direct a professional governance officer to conduct a designation review of a professional regulatory organization to determine whether or not the professional regulatory organization continues to serve the public interest and the interest of public safety, and is complying with this Act, the regulations and the bylaws of the professional regulatory organization.

(2) In addition to a designation review directed under subsection (1), a professional governance officer may conduct a designation review of a professional regulatory organization if (

a) the governing body passes a resolution that it no longer wishes to be a professional regulatory organization, or (

b) the professional govern ance officer has reasonable grounds for believing that (

i) the long-term economic viability of the professional regulatory organization may be at risk, or (ii) the professional regulatory organization may not be performing its powers, duties and functions in accordance with this Act.

(3) In conducting a designation review, the professional governance officer must

32 (

a) give notice to the professional regulatory organization th at the professional governance officer is conducting a designation review under this section, and (

b) consider whether the professional regulatory organization continues to (

i) serve to protect the public interest and the interest of public safety by safeguarding (

A) life, health and the environment, and (

B) the property and economic interests of the public, (ii) meet any other criteria established in the regulations, and (iii) otherwise conduct itself consistently with this Act, the regulations and the bylaws of the professional regulatory organization.

(4) In addition to the matters under subsection (3)(b), the professional governance officer may consider any other matters the professional governance officer deems necessary for the purpose of assessing whether or not the professional regulatory organization continues to serve the public interest and the interest of public safety and is otherwise meeting the requirements of this Act, the regulations and the bylaws of the professional regulatory organization.

(5) The professional governance officer may (

a) require the professional regulatory organization to provide, within the time period required by the professional governance officer, any information that the professional governance officer deems necessary for the purposes of the designation review, and (

b) consult with (

i) any person engaged in the practice of the profession or occupation, (ii) any professional association,

33 (iii) any person that has as one of its objects the advancement or promotion of the practice of the profession or occupation, or (iv) any member of the professional regulatory organization.

(6) The professional governance officer must provide the professional regulatory organization an opportunity to provide information to the professional governance officer before the professional governance officer provides advice to the Minister under subsection (7).

(7) The professional governance officer must provide written advice on the findings of the designation review to the Minister.

(8) On receipt of the professional governance officer’s written advice, the Minister may provide the professional regulatory organization with a copy or

summary of the professional governance officer’s findings and may provide the professional regulatory organization with an opportunity to make submissions to the Minister within the time period specified by the Minister.

(9) After a time period specified by the Minister, the Minister shall (

a) determine that no further action is required, (

b) direct the professional regulatory organization to comply with any matter the Minister identifies to ensure the professional regulatory organization complies with this Act, the regulations or the bylaws of the professional regulatory organization, (

c) recommend the appointment of an administrator under

section 18, or (

d) recommend that the Lieutenant Governor in Council issue an order revoking the designation of the professional regulatory organization in accordance with

section 19. Appointment of administrator 18(1) The Minister may recommend that the Lieutenant Governor in Council make an order under subsection (2) if (

a) in the opinion of the Minister

34 (

i) it is warranted as a re sult of a designation review, (ii) a professional regulatory organization requires support to carry out its powers, duties and functions under this Act, or (iii) the public interest or interest of public safety otherwise requires it, o r (

b) a professional regulatory organization has made a request to the Minister that an administrator be appointed.

(2) On the recommendation of the Minister, the Lieutenant Governor in Council may, by order, with respect to a professional regulatory organization (

a) provide for the appointment of an administrator of that professional regulatory organization, (

b) authorize the person appointed as an administrator to carry out any of the powers, duties and functions of the professional regulatory organization as specified in the order, (

c) prescribe the term of office of the person appointed as an administrator, (

d) authorize the payment of remuneration and expenses to the person appointed as an administrator, (

e) establish who will be requi red to pay for the remuneration and expenses of the administrator, and (

f) make any other direction re quired to facilitate the exercise of the powers, duties or functions of the professional regulatory organization, including removing the authority of the governing body, any committee, tribunal or other body, or any official of the professional regulatory body under this Act, in whole or in part, for any period deemed necessary by the Lieutenant Governor in Council.

(3) Subject to the terms of an order under subsection (2), an administrator has the powers, duties and functions of the professional regulatory organization.

(4) The Lieutenant Governor in Council may, by order, address any matter relating to the expiry of the administrator’s term and the transition of any power, duty or function from the administrator to any body or person.

Minister’s recommendation re revocation of designation 19 The Minister may make a recommendation to the Lieutenant Governor in Council to revoke the designation of a professional regulatory organization if the Minister considers that the continuation of the professional regulatory organization is not in the public interest and the interest of public safety, or not otherwise consistent with this Act. Revocation of designation 20(1) The Lieutenant Governor in Council may, on the recommendation of the Minister, issue an order revoking the designation of a professional regulatory organization as of a specified date.

(2) If the Lieutenant Governor in Council issues an order under subsection (1), the Minister may make any regulations the Minister considers appropriate, including regulations respecting any matter arising from the revocation of the designation of the professional regulatory organization.

(3) On the effective date of the revocation, the professional regulatory organization ceases to be a professional regulatory organization under this Act.

(4) On the making of an order under subsection (1), a professional governance officer must provide a copy of the order to (

a) the professional regulatory organization that is the subje ct of the order, and (

b) the Minister designated under

section 16 of the Government Organization Act as the Minister responsible for the Post-secondary Learning Act. Judicial review 21 A professional regulatory organization that is the subject of (

a) a direction under

section 16(2) or 17(9)(b),

36 (

b) an order providing for the appointment of an administrator under

section 18(2) or relating to the expiry of the administrator’s term under

section 18(4), (

c) an order revoking the designation of a professional regulatory organization under

section 20(1), or (

d) a refusal by the Minist er under

section 28(1)(

c) may file an application for judicial review with the Court of Queen’s Bench within 30 days after receiving the direction, order or refusal, as the case may be.

Part 3 Amalgamation

Definitions 22 In this Part, (a) “amalgamated professional regulatory organization” means the professional regulatory organization that results from an amalgamation order under this Part; (b) “amalgamation applicant” means a professional regulatory organization or a professional association that is eligible to apply to amalgamate under

section 23; (c) “former professional regulatory organization” means a professional regulatory organization or professional association, if any, that has been amalgamated under this Part. Eligibility to apply 23(1) Two or more professional regulatory organizations may apply to amalgamate in accordance with this Part.

(2) One or more professional regulatory organizations may apply jointly with one or more professional associations to amalgamate in accordance with this Part.

(3) If a professional regulatory organization referred to in subsection (1) or (2) is regulated by another enactment, that professional regulatory organization must obtain the consent of the Minister responsible under the Government Organization Act for

37 that other enactment to be eligible to apply to amalgamate under this Part.

(4) A professional association that is regulated or that is eligible to be regulated under the Health Professions Act or the Apprenticeship and Industry Training Act is not eligible to apply to amalgamate under this Act. Application for amalgamation 24(1) Two or more amalgamation applicants may apply jointly for approval to amalgamate.

(2) An application under subsection (1) must (

a) be in the form provided by the Minister, (

b) include the information required by the Minister, (

c) include the fee set by the Minister by order, and (

d) meet any other requirements prescribed in the regulations.

(3) The Minister shall publish the application form, the information required to be included in the application and the fee amount on the department’s website.

(4) After an application is received under this section, a professional governance officer may require the amalgamation applicants to provide, within the time period determined by the professional governance officer, any additional information that the professional governance officer requires for the purposes of reviewing an application under

section 26.

(5) The professional governance officer may reject an application where (

a) the application does not meet the requirements of subsection (2), or (

b) the amalgamation applicants do not cooperate and provide the information required under subsection (4).

(6) Subject to subsection (5), when the professional governance officer is satisfied that an application is complete, any information required under subsection (2)(

b) has been received and the fee set by the Minister under subsection (2)(

c) has been received, the

38 professional governance officer must within a reasonable time advise the amalgamation applicants and the Minister that the application is complete. Minister may propose amalgamation 25(1) Despite not receiving an application under

section 24 the Minister may, on the Minister’s own initiative, propose the amalgamation of 2 or more professional regulatory organizations.

(2) If the Minister proposes an amalgamation under subsection (1), the Minister shall provide notice of the proposal to each of the professional regulatory organizations that the Minister proposes be amalgamated. Review by professional governance officer 26(1) The Minister may direct a professional governance officer to review an amalgamation application or an amalgamation proposed by the Minister and provide written advice to the Minister.

(2) If directed to review an amalgamation application or proposal, the professional governance officer must review the amalgamation application or proposal within a reasonable time to assess whether the amalgamation should proceed.

(3) In reviewing an application, the professional governance officer must consider whether the amalgamation would (

a) serve to protect the public interest and the interest of public safety by safeguarding (

i) life, health and the environment, and (ii) the property and economic interests of the public, (

b) meet any other criteria established in the regulations, an d (

c) otherwise be consistent with this Act.

(4) The professional governance officer may take any steps that the professional governance officer considers necessary in reviewing the amalgamation application or proposal, including (

a) communicating with

39 (

i) a registrant or member of the professional regulatory organization or organizations or the professional association or associations, if any, that are involved in the amalgamation application or proposal, or (ii) another professional regulatory organization or professional association or any other person who may be affected by or interested in the amalgamation, (

b) seeking advice from another department if a professional regulatory organization that is a party to the amalgamation application is subject to another enactment that regulates the profession, and (

c) taking any other steps th at the professional governance officer considers necessary in reviewing the amalgamation application or proposal. Advice re amalgamation 27 After reviewing the amalgamation application or proposal, the professional governance officer shall provide written advice to the Minister on whether the professional regulatory organization or organizations and the professional association or associations, if any, should be amalgamated, and may provide other information that the professional governance officer considers necessary for the Minister to consider the matter and make a recommendation, if any, under

section 28. Ministerial recommendation re amalgamation 28(1) On receipt of the professional governance officer’s recommendation under

section 27, the Minister may (

a) recommend, in writing, that the Lieutenant Governor in Council issue an order under

section 29 if the Minister believes that to do so would serve to protect the public interest and the interest of public safety, satisfy any criteria established by the regulations and otherwise be consistent with this Act, (

b) direct that the professional governance officer undertake a further review or provide further information to the Minister, or

40 (

c) if the Minister is not sa tisfied that the amalgamation (

i) would serve to protect the public interest and the interest of public safety, (ii) would satisfy any criteria established by the regulations, and (iii) would otherwise be consistent with this Act, refuse to make a recommendation to the Lieutenant Governor in Council.

(2) If the Minister refuses to make a recommendation under subsection (1)(c), the Minister shall advise the amalgamation applicants, if any, or the professional regulatory organizations given notice under

section 25(2) of the Minister’s decision. Approval of amalgamation 29(1) On the recommendation of the Minister under

section 28, the Lieutenant Governor in Council may issue an order authorizing the Minister to amalgamate (a) 2 or more professional regulatory organizations, or (

b) one or more professional regulatory organizations and one or more professional associations into one amalgamated professional regulatory organization with the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

(2) If the Lieutenant Governor in Council has authorized the Minister to amalgamate 2 or more professional regulatory organizations or one or more professional regulatory organizations and one or more professional associations, the Minister may make regulations (

a) amalgamating 2 or more professional regulatory organizations or one or more professional regulatory organizations and one or more professional associations; (

b) prescribing the name of, and any description of or abbreviation, initials, letter or symbol for, the amalgamated professional regulatory organization;

41 (

c) prescribing the regulatory model applicable to the amalgamated professional regulatory organization; (

d) prescribing the effective date of the amalgamation; (

e) respecting anything else deemed necessary to facilitate th e amalgamation, including directions respecting transitional matters.

(3) On the making of an order under subsection (1), a professional governance officer must provide a copy of the order to (

a) the professional regulatory organization or organizations and professional association or associations, if any, that are amalgamated under the order, (

b) the Minister designated under

section 16 of the Government Organization Act as the Minister responsible for the Post-secondary Learning Act, and (

c) if a professional regulatory organization that is amalgamated under the order is subject to another enactment that regulates the profession, the Minister responsible for that enactment. Effect of amalgamation 30 Subject to the regulations, on the effective date of an amalgamation, (

a) the former professional regulatory organizations become an amalgamated professional regulatory organization under this Act with all the powers, duties and functions of a professional regulatory organization under this Act, (

b) the property, assets, rights, privileges and benefits of e ach of the former professional regulatory organizations become the property, assets, rights, privileges and benefits of the amalgamated professional regulatory organization, (

c) the documents, records and other information of each of the former professional regulatory organizations become the documents, records and other information of the amalgamated professional regulatory organization,

42 (

d) any bequest, legacy, devise or other gift made before or after the effective date of the amalgamation in the name of or for the benefit of a former professional regulatory organization is, unless the terms of the bequest, legacy, devise or other gift expressly state otherwise, continued and, in furtherance of the bequest, legacy, devise or other gift, deemed to have been made to and for the benefit of the amalgamated professional regulatory organization, (

e) the amalgamated profession al regulatory organization is liable for the debts, obligations and liabilities, contractual or otherwise, of the former professional regulatory organizations, (

f) any existing causes of actio n, claims or liabilities by or against a former professional regulatory organization are unaffected except that they may be continued by or against the amalgamated professional regulatory organization, (

g) a civil, criminal or admin istrative action or proceeding pending by or against a former professional regulatory organization may be continued by or against the amalgamated professional regulatory organization, and (

h) a conviction against, or a ruling, order or judgment in favour of or against, a former professional regulatory organization may be enforced by or against the amalgamated professional regulatory organization.

Part 4 Governance and Accountability Division 1 General Duties and Responsibilities General duties and responsibilities of a professional regulatory organization 31(1) A professional regulatory organization must (

a) establish education, training, experience, competence and other requirements for the registration of registrants,

43 (

b) establish, maintain and enforce rules of professional conduct, a code of ethics and practice standards for registrants, (

c) establish, maintain an d enforce requirements for continuing competence in the practice of the profession, (

d) establish, maintain and enforce a mandatory continuing competence program for registrants, (

e) safeguard against the unl awful use of any restricted title that may be used by registrants of the professional regulatory organization and the unlawful practice of any restricted activity or exclusive scope of practice that registrants may engage in, (

f) establish registration, continuing competence, complaints, discipline and appeal procedures and requirements that are transparent, objective, impartial and procedurally fair, (

g) generally carry on the activities of a professional regulatory organization and perform other powers, duties and functions that are incidental to the powers, duties and functions conferred by or under this Act, (

h) in the course of exercising its powers and performing its powers, duties and functions, promote and enhance (

i) collaboration with other professional regulatory organizations, post-secondary institutions and government, (ii) inter-professional collaborative practice between its registrants and persons practicing other professions, and (iii) the ability of its registran ts to respond and adapt to changes in practice environments, advances in technology and other emerging issues, (

i) exercise its power s, discharge its duties and carry out its functions in a manner that protects and serves the public interest and the interest of public safety by safeguarding (

i) life, health and the environment, and (ii) the property and economic interests of the public,

44 (

j) comply with (

i) this Act, the regulations and the bylaws of the professional regulatory organization, (ii) domestic trade agreements to which Alberta is a signatory, and (iii) an international treaty in accordance with any order of the Minister, a n d (

k) exercise any power and perform any other duty or function prescribed by the regulations.

(2) A professional regulatory organization must cooperate with the Minister and a professional governance officer in the exercise of the Minister’s or the professional governance officer’s powers, duties and functions under this Act. Prohibition re professional fees 32 No professional regulatory organization, governing body, committee, tribunal or other body created under the authority of this Act may set or negotiate professional fees on behalf of any or all of the registrants of the professional regulatory organization.

Prohibition re bargaining agents and regulations re advocacy 33(1) No professional regulatory organization, governing body, committee, tribunal or other body created under the authority of this Act may act as a certified bargaining agent as defined in the Labour Relations Code.

(2) The Minister may make regulations respecting the advocacy roles that a professional regulatory organization may engage in. General duties and responsibilities of a governing body 34 A governing body must (

a) manage and conduct the business and affairs of the professional regulatory organization,

45 (

b) exercise the powers and carry out the duties and functions of a governing body under this Act, (

c) establish bylaws setting out the powers, duties and functions of the chair of the governing body and the chair of each committee and tribunal of the professional regulatory organization, (

d) select a chair of the governing body, and (

e) appoint an individual as registrar. General duties and responsibilities of registrants 35 All registrants must (

a) comply with this Act, the regulations and the bylaws of the professional regulatory organization the registrant is registered with, (

b) comply with the rules of professional conduct, code of ethics and practice standards of the professional regulatory organization, (

c) maintain continuing competence as a registrant, including by complying with the professional regulatory organization’s continuing competence program, (

d) cooperate with the professional regulatory organization, and (

e) perform any other duties or functions prescribed by the regulations. General duties and responsibilities of public members 36(1) A public member who is appointed to a governing body, committee or tribunal of a professional regulatory organization, including a joint committee or joint tribunal, must (

a) act as an objective and fu ll participant in the professional regulatory organization’s governing activities in accordance with the position to which they have been

46 appointed and within the scope of their role as a public member, and (

b) ensure, within the scope of their appointment and public member role, that the professional regulatory organization is protecting and serving the public interest and the interest of public safety by (

i) representing the values a nd interests of Albertans, (ii) monitoring the professional regulatory organization’s ability to act fairly and transparently in adhering to its statutory requirements, and (iii) performing any other powers, duties or functions prescribed by the regulations.

(2) A public member appointed to a governing body, committee or tribunal may not (

a) act as chair or vice-ch air of the governing body, committee or tribunal, or (

b) provide a service, advice or guidance to the professional regulatory organization outside the scope and duties of their appointment and public member role. Division 2 Governing Body, Committees and Tribunals Governing body established 37 Each professional regulatory organization must establish a governing body consisting of (

a) a chair of the governing body, selected in accordance with the bylaws, (

b) the number and type of registrants, as set out in the bylaws, each of whom must be selected by the membership of the professional regulatory organization in accordance with the bylaws, (

c) the non-voting members, if any, provided for in the bylaws, and

47 (

d) the public members appointed by the Minister. Committees 38(1) The governing body must establish (

a) a registration committee, and (

b) a complaints inquiry committee.

(2) The governing body may establish (

a) a competence committee, and (

b) a practice review committee. Committee membership 39(1) A committee must, unless otherwise specified by this Act or the bylaws, (

a) include at least 3 registrants appointed by the governing body, who must form the majority of a committee, and (

b) designate a registrant to a ct as chair in accordance with the bylaws.

(2) A committee may include an individual appointed under

section 41 or 42. Complaints inquiry committees 40 A complaints inquiry committee must consist of (

a) not fewer than 5 registrants appointed by the governing body, one of whom is designated as CIC chair, and (

b) any individual appointed by the governing body under

section 41 or 42. Non-registrant members 41 A governing body may appoint as a member of a committee, panel or task force an individual who is not a registrant or former registrant, whether or not such a member is required to be appointed under this Act.

48 Expert members 42 A governing body or a committee may appoint an individual who has technical expertise or other relevant knowledge to inquire into and report to the governing body or committee with respect to any matter related to any power, duty or function of the governing body or committee. Powers, duties and functions of committees 43(1) A governing body must set out the powers, duties and functions of each committee established under

section 38 in the bylaws, including (

a) any requirement to refer matters to the governing body or a different committee, and (

b) any procedure for appealin g a decision of the committee.

(2) A governing body must, in the bylaws, set the terms of reference for each committee established under

section 38. Tribunal list 44(1) A governing body must establish a list of registrants who are eligible to be appointed to a discipline tribunal or an appeal tribunal.

(2) A governing body must appoint (

a) an individual as disciplin e tribunal list chair and may appoint an individual as discipline tribunal list vice-chair, and (

b) an individual as appeal tribunal list chair and may appoin t an individual as appeal tribunal list vice-chair. Discipline tribunal 45(1) As circumstances require, a discipline tribunal list chair must convene a discipline tribunal as soon as practicable after the need arises by appointing at least 3 individuals to the tribunal so that the composition of the tribunal is (

a) no more than 75% members appointed from the tribunal list established under

section 44, and

49 (

b) at least 25% public membe rs appointed from the public member roster established under

section 57(1)(d).

(2) The discipline tribunal list chair must designate a tribunal chair for each discipline tribunal hearing in accordance with the bylaws.

(3) Prior to the commencement of a discipline tribunal hearing or, at the request of the discipline tribunal, prior to the discipline tribunal hearing evidence, the discipline tribunal list chair may, if the discipline tribunal list chair considers it fair and reasonable in the circumstances to do so, (

a) revoke the appointment of a member of the discipline tribunal and appoint a replacement member from the same list, or (

b) appoint an additional member or members to the discipline tribunal in accordance with subsection (1). Appeal tribunal 46(1) As circumstances require, an appeal tribunal list chair must convene an appeal tribunal as soon as practicable after the need arises by appointing at least 3 individuals to the tribunal so that the composition of the tribunal is (

a) no more than 75% members appointed from the tribunal list established under

section 44, and (

b) at least 25% public membe rs appointed from the public member roster established under

section 57(1)(d).

(2) An appeal tribunal list chair must designate a tribunal chair for each appeal tribunal hearing in accordance with the bylaws.

(3) Prior to the commencement of the appeal tribunal hearing or, at the request of the appeal tribunal, prior to the appeal tribunal hearing evidence, the appeal tribunal list chair may, if the appeal tribunal list chair considers it fair and appropriate in the circumstances to do so, (

a) revoke the a ppointment of a member of the appeal tribunal and appoint a replacement member from the same list, or

50 (

b) appoint an additional member to the appeal tribunal in accordance with subsection (1). Quorum 47 A governing body must establish rules respecting quorum for the governing body and each committee, tribunal, panel or task force of the professional regulatory organization in its bylaws. Appointment of secretaries 48(1) Subject to subsection (2), a governing body must appoint one or more individuals as (

a) a CIC secretary, (

b) a discipline tribunal secretary, and (

c) an appeal tribunal secretary.

(2) The same individual may be appointed as a discipline tribunal secretary and an appeal tribunal secretary, but an individual appointed as a CIC secretary may not be appointed as a discipline tribunal secretary or as an appeal tribunal secretary. Joint committees and joint tribunals 49(1) The Minister may make regulations establishing a joint committee or a joint tribunal for 2 or more professional regulatory organizations, and the regulations will govern to the extent of any inconsistency with anything in this Division.

(2) Notwithstanding anything to the contrary in this Division, each joint committee and each joint tribunal must be composed of (

a) an equal number of appoi ntees from each professional regulatory organization’s governing body, (

b) the number of public members prescribed by the regulations, and (

c) any other members prescribed by the regulations.

(3) The Minister may make regulations respecting

51 (

a) the composition of each joint committee or tribunal, the processes for selecting and removing members from the committee or tribunal and the filling of vacancies on the committee or tribunal; (

b) the powers, duties and fu nctions of each joint committee or joint tribunal; (

c) the powers, duties and func tions of the chair of each joint committee or joint tribunal, and the process for selecting and removing a chair; (

d) the procedures and quoru m for each joint committee or joint tribunal; (

e) requirements for the making of bylaws respecting a joint committee or joint tribunal; (

f) any other matter relating to the joint committee or joint tribunal that the Minister considers necessary or advisable. Panels and task forces 50 A governing body or committee may establish a panel or a task force for the effective operation of the professional regulatory organization, its governing body, a committee or other body. Terms and continuing to serve beyond expiry 51(1) The governing body of each professional regulatory organization must make bylaws prescribing (

a) the term of the following members of the governing body and each committee of the professional regulatory organization: (

i) registrant members; (ii) members appointed under

section 41; (iii) non-voting members appo inted under

section 42, a n d

52 (

b) the term for which a pe rson may be included on the tribunal list established under

section 44.

(2) If the term of a public member or registrant who is (

a) a member of a discipline tribunal convened under

section 45, (

b) a member of an appeal tribunal convened under

section 46, or (

c) a member of a panel of a complaints inquiry committee considering a sanction agreement under

section 102 expires, the member may continue to carry out the member’s powers, duties and functions until the proceeding in respect of which the member was appointed is finally concluded. Vacancies and absences 52 Except as otherwise provided in this Act, and subject to applicable bylaws prescribing quorum, the powers, duties and functions of a governing body, committee, panel or task force are not affected by (

a) the failure of a public mem ber, registrant member or other appointee to attend a meeting, (

b) a vacancy in the office of a public member, registrant member or other appointee, or (

c) the inability of a public member, registrant member or other appointee to attend or act for any reason. Death or inability of members to continue 53(1) If one or more members of a governing body, committee, tribunal, panel or task force die or become unable to act, the remaining members of the governing body, committee, tribunal, panel or task force may continue to act and to decide any matter.

(2) If a tribunal determines that it will not continue to act, the remaining members of the tribunal must refer the matter back to the discipline tribunal list chair or appeal tribunal list chair, as the case may be, to convene a new tribunal.

53 Carrying out the professional regulatory organization’s functions 54 If no individual, committee, tribunal or other body is designated by this Act or prescribed by the regulations, bylaws or governing body to perform a power, duty or function of the professional regulatory organization, the chair of the governing body or a designate of the chair of the governing body may perform it. Governing body delegation 55(1) A governing body may delegate any of its powers, duties or functions to an individual or committee except the power to make bylaws, rules of professional conduct, a code of ethics and practice standards.

(2) A governing body may impose conditions on a delegation under subsection (1).

(3) When a governing body delegates a power, duty or function, it may authorize the individual or committee to further delegate the power, duty or function, subject to any conditions imposed by the governing body.

(4) Any reference in this Act or any other enactment to a governing body or committee is deemed to also be a reference to a delegate and to a delegate of the delegate under this section. Individual and committee delegation 56(1) Subject to the bylaws, an individual or committee to whom a power, duty or function is given under this Act may delegate the power, duty or function to one or more individuals, panels or task forces.

(2) An individual or committee making a delegation under subsection (1) may impose conditions on the delegation.

(3) Notwithstanding subsection (1), (

a) a complaints inquiry committee, discipline tribunal or appeal tribunal may not delegate the committee’s or tribunal’s powers, duties or functions with respect to a review, hearing or appeal, and

54 (

b) the powers, duties and functions of the CIC chair and a CIC secretary may not be delegated to the same individual.

(4) Any reference in this Act or any other enactment to a committee is deemed to also be a reference to a delegate of the committee under this section. Division 3 Public Members and Public Accountability Appointments and the public member roster 57(1) The Minister may, following consultation with a governing body or, in the case of a joint committee or joint tribunal, with both governing bodies, appoint or revoke the appointment of public members to (

a) the governing body, (

b) the joint committee, (

c) the joint tribunal, or (

d) a roster of public members who can be selected (

i) by the CIC chair for the purposes of considering a sanction agreement under

section 102, (ii) by a discipline tribunal list chair to serve on a discipline tribunal, or (iii) by an appeal tribunal list chair to serve on an appeal tribunal.

(2) A public member may be appointed to more than one governing body, joint committee or joint tribunal under this Act as long as the public member does not serve on (

a) a joint committee that a professional regulatory organization is a member of and a joint tribunal that the same professional regulatory organization is a member of, or

55 (

b) a joint committee or joint tribunal that a professional regulatory organization is a member of and the governing body of that professional regulatory organization.

(3) Unless it would cause a conflict of interest, a public member appointed to the roster of public members under subsection (1)(

d) may also be appointed to a governing body, joint committee or joint tribunal, but the public member may not be selected (

a) by the CIC chair under

section 102, (

b) by a discipline tr ibunal list chair, or (

c) by an appeal tribunal list chair of a professional regulatory organization if the public member has been appointed as a member of the governing body of that professional regulatory organization or has been appointed as a member of a joint committee or joint tribunal that the professional regulatory organization is a member of.

(4) A public member may not serve on more than one of a panel established under

section 102, a discipline tribunal or an appeal tribunal respecting the same matter.

(5) The Minister may appoint any number of public members to a governing body, joint committee, joint tribunal or public member roster that the Minister deems appropriate to protect and serve the public interest and the interest of public safety. Eligibility 58(1) An individual shall not be appointed as a public member if the individual is not ordinarily resident in Alberta.

(2) The following persons are not eligible to be appointed as a public member to the governing body or a committee of a professional regulatory organization, by the CIC chair for the purposes of reviewing a sanction agreement or to a tribunal: (

a) a registrant or former registrant of the professional regulatory organization; (

b) an individual who is or was a registrant, or who holds or held a similar status, in a professional association or other

56 entity outside of Alberta that regulates the profession that the professional regulatory organization regulates; (

c) an individual who met or m eets the requirements to be a registrant of the professional regulatory organization; (

d) an individual who represents or is normally engaged in representing a group of employees who are registrants of the professional regulatory organization in the negotiation of collective bargaining agreements or in any proceedings under a collective bargaining agreement with respect to the registrants of the professional regulatory organization; (

e) an employer or an employer’s representative engaged in the negotiation of collective bargaining agreements with a group of employees who are registrants of the professional regulatory organization, or in any proceedings under a collective bargaining agreement with respect to employees who are registrants of the professional regulatory organization; (

f) an individual who negotiates or sets professional fees on behalf of the registrants of the professional regulatory organization; (

g) an individual who negotiates or sets professional fees on behalf of an employer of registrants of the professional regulatory organization.

(3) An individual described in subsection (2) is not prohibited from being appointed as a public member with respect to a different professional regulatory organization. Term length and term limits 59(1) A public member appointed under this Act must be appointed for a fixed term of not more than 3 years.

(2) A public member may be reappointed for one or more additional terms, but no individual shall be appointed as a public member for a total term length of more than (a) 12 consecutive years on the public member roster established under

section 57(1)(

d) or as a public member of a joint complaints inquiry committee or joint tribunal, or

57 (b) 10 consecutive years, in any other case.

(3) A break of service of less than 2 years shall be disregarded in determining the number of consecutive years under subsection (2).

(4) A public member who has served for the maximum period set out in subsection (2) is eligible to be reappointed as a public member if at least 2 years have elapsed since the person’s last term expired.

(5) Notwithstanding subsection (2) if, in the opinion of the Minister, it is necessary to ensure the effective operation of a professional regulatory organization, the Minister may order that subsection (2) does not apply in respect of a specified appointment.

Remuneration 60 The Minister may authorize remuneration for a public member of a governing body, committee or tribunal, or for a public member selected by the CIC chair for the purposes of reviewing a sanction agreement, at a rate prescribed by the Lieutenant Governor in Council, and may pay reasonable living and travelling expenses incurred in the course of an individual’s duties as a public member. Division 4 Administration and Administrative Matters Annual report 61(1) Each professional regulatory organization must (

a) submit an annual report on its operations and functions to the Minister, and (

b) publish the annual report in accordance with the regulations.

(2) An annual report must be in a form acceptable to the Minister and must contain the information prescribed in the regulations.

(3) The Minister may, to ensure the requirements of this Act are met, require a professional regulatory organization to submit reports to the Minister in addition to the report required under subsection (1).

(4) Within 30 days of the receipt of a report required under subsection (1), the Minister shall lay a copy of the report before the Legislative Assembly if it is sitting or, if the Legislative Assembly is not sitting, within 30 days of the commencement of the next sitting. Directory of officials 62(1) A professional regulatory organization must establish and maintain a directory that contains the names and contact information of the officials of the professional regulatory organization.

(2) The Minister may make regulations prescribing any person that must be included in a professional regulatory organization’s directory.

(3) The information in the directory must be (

a) published on the professional regulatory organization’s website, (

b) made available to the public during regular business hours, and (

c) provided to the Minister on request.

(4) Subject to this Act, the Freedom of Information and Protection of Privacy Act, the Personal Information Protection Act and any other applicable privacy legislation, an individual is entitled, on request, to receive from a professional regulatory organization information about a position, governing body, committee, tribunal or other body that may perform any power, duty or function under this Act, the regulations or the bylaws.

Division 5 Rules of Professional Conduct, Code of Ethics and Practice Standards Establishment of rules, code of ethics and practice standards 63(1) A governing body must establish rules of professional conduct, a code of ethics and practice standards for registrants in accordance with the regulations.

(2) A governing body must make available, on request, for review and comment, a copy of any proposed rules of professional conduct, code of ethics or practice standards to (

a) the Minister, (

b) the professional regulatory organization’s registrants, an d (

c) any other person the governing body considers advisable.

(3) A governing body may adopt rules of professional conduct, a code of ethics or practice standards only after it has reviewed and considered the comments from a review described in subsection (2).

(4) A governing body must make copies of its rules of professional conduct, code of ethics and practice standards available to the public and to registrants on request, and must publish these documents on the professional regulatory organization’s website.

Part 5 Registration Division 1 Categories and Classes of Registrants Categories and classes of registrants and consideration of applications 64(1) A professional regulatory organization must provide for (

a) the registrati on of registrants in the following categories: (

i) individual registrants; (ii) temporary registrants; (iii) business registrants, if authorized under

section 201; (iv) any other category prescribed by the regulations, which may include student, pupil, member in training, candidate or other categories, a n d

60 (

b) one or more classes of registration within each of the categories referred to in clause (

a) in accordance with this Part.

(2) A professional regulatory organization may make a bylaw providing for non-regulated membership, including categories or classes of non-regulated members.

(3) The registrar or registration committee must consider and decide on an application for registration, including whether any conditions or restrictions should be imposed on a registrant’s registration, and must undertake any other powers, duties or functions prescribed by the bylaws. Division 2 Registration of Individual and Temporary Registrants Types of applications 65(1) An individual may apply (

a) for registration in accordance with this Division, or (

b) for membership as a non-regulated member in accordance with the bylaws.

(2) A professional regulatory organization may use separate forms of application for registration and non-regulated membership or a single form of application that identifies the nature of the application. Application for registration 66(1) An individual may apply in accordance with this

section to be registered in a category and class of registrant that has been established under this Act for a professional regulatory organization.

(2) An application for registration must be in the form required by the bylaws of the professional regulatory organization that the applicant is applying to be registered with, and must be given to the registrar by the applicant together with

61 (

a) evidence of meeting the requirements for competence in the practice of the profession established under subsection (3), (

b) evidence of having the required amount and type of professional liability insurance, if professional liability insurance is required by the bylaws, (

c) evidence of being a Canad ian citizen or an individual permitted to work under the Immigration and Refugee Protection Act (Canada), including the regulations under that Act, (

d) evidence of having good character and reputation, if required by the bylaws, (

e) evidence of meeting standards of language proficiency, if required by the bylaws, (

f) any other information required by the registrar or registration committee for the purposes of assessing the application, (

g) any application fees provided for by the bylaws, and (

h) any other information required to be provided under the bylaws.

(3) An applicant may meet the requirements for competence in the practice of the profession (

a) by fulfilling one or more of the following as required by the regulations and the bylaws: (

i) education requirements, that may include being enrolled in or having completed an educational course or program of study; (ii) training, experience or practice requirements; (iii) the successful comple tion of an examination or examinations; (iv) holding a specified deg ree, certificate or diploma, (

b) by being registered with a professional regulator that regulates the practice of the profession in a province or

62 territory that is a signatory to one or more domestic trade agreements that are in force in Alberta at the time the application is made, or (

c) by being registered in a manner that meets the criteria set out in the bylaws with an organization outside Canada that regulates the profession and is recognized by the governing body in accordance with the bylaws as having substantially equivalent competence, experience and practice requirements, and by fulfilling any additional requirements specified by the bylaws relating to the organization.

(4) An application for registration must be dealt with in a manner consistent with (

a) t h e Fair Registration Practices Act, and (

b) t h e Labour Mobility Act.

(5) If an applicant is already registered or was previously registered in another jurisdiction in Canada or an organization outside Canada that regulates the profession, the applicant must, in addition to providing the information required under subsection (2), provide a certificate, letter or other evidence from the professional regulator in each province or territory or organization outside Canada in which they are currently registered or were previously registered, confirming the standing of any current or former registration in that jurisdiction.

(6) Subject to the regulations, a person is not eligible to be registered in a professional regulatory organization unless the person is a Canadian citizen or an individual permitted to work under the Immigration and Refugee Protection Act (Canada), including the regulations under that Act.

(7) The Minister may, by regulation, waive the requirement under subsection (6) to permit the registration of persons who are not Canadian citizens or permitted to work in Canada under the Immigration and Refugee Protection Act (Canada) in one or more professional regulatory organizations. Consideration of application 67(1) The registrar must, within 30 days after receipt of an application, give notice to the applicant that the application has

63 been received, whether it is complete and, if it is not complete, how it is not complete.

(2) When an incomplete application is made complete by the applicant, the registrar must, as soon as reasonably possible, give notice to the applicant that a complete application has been received.

(3) The registrar or registration committee must, within 120 days after the receipt by the registrar of a complete application, consider the application, make a decision under

section 68 and notify the applicant of the decision.

(4) The registrar or registration committee may refer an application for registration to the competence committee, if there is one, for input and recommendations respecting the application and any conditions or restrictions that should be imposed relating to competency.

(5) If the registrar or registration committee does not notify the applicant of the decision about the application within the time period prescribed in subsection (3), the application for registration is deemed to be refused and the applicant may appeal under

section 83. Decision on application 68(1) On considering an application for registration, the registrar or registration committee must make a decision and (

a) approve the application if the requirements for registrati on are met, with or without conditions or restrictions on the applicant’s registration that, in the opinion of the registrar or registration committee, are in the public interest or the interest of public safety, (

b) defer the registration of the applicant for a period not exceeding one year if, in the opinion of the registrar or registration committee, it is in the public interest or the interest of public safety to defer the registration of the applicant until the applicant complies with conditions imposed by the registrar or registration committee, or (

c) refuse the application.

(2) If the registrar or registration committee defers an application under subsection (1)(b), the registrar or registration committee may require an applicant (

a) to pass one or more examinations, obtain more experience of a kind satisfactory to the registrar or registration committee and for a time period set by the registrar or registration committee, or comply with any other condition that the registrar or registration committee may deem appropriate within any time period specified by the registrar or registration committee, and (

b) to become a non-regulated member for the time period that the application is deferred, if that is permitted by the bylaws.

(3) If an applicant whose registration is deferred under subsection (1)(

b) provides evidence that the applicant has (

a) passed the examination or examinations the applicant was required to pass, (

b) obtained the experience th e applicant was required to obtain, and (

c) complied with any other condition imposed by the registrar or registration committee, and done so within the time period specified and to the satisfaction of the registrar or registration committee, the registrar or registration committee must approve the application, with or without conditions or restrictions on the applicant’s registration that, in the opinion of the registrar or registration committee, are in the public interest or the interest of public safety.

(4) If the registrar or registration committee defers an application under subsection (1)(

b) and the applicant fails to (

a) pass the examination or examinations the applicant was required to pass, (

b) obtain the experience the a pplicant was required to obtain, or (

c) comply with any other condition imposed by the registrar or registration committee

65 within the time period specified and to the satisfaction of the registrar or registration committee, the registrar or registration committee may refuse the application.

(5) An applicant whose application is refused under subsection (1) or (4) may reapply for registration subject to any restrictions or conditions on re-application specified in the bylaws.

(6) On making a decision under subsection (1), (3) or (4), the registrar or registration committee must (

a) give notice of the deci sion to the applicant, (

b) in the case of a decision by the registration committee, give notice of the decision to the registrar, (

c) in the case of a decision to approve an application, notif y the registrant and register the applicant in accordance with

section 69, and (

d) in the case of a decision to impose conditions or restrictions on an approval to register the applicant, to defer a registration or to refuse an application, (

i) provide reasons for the decision, and (ii) notify the applicant of h ow the applicant may appeal the decision under

section 83. Steps after registration approval 69 If an application for registration has been approved, the registrar must (

a) register the registrant by entering the registrant’s name in the applicable register, (

b) assign the registrant a un ique registration number and enter the information required by

section 79 in the appropriate register, and (

c) on entering the name of the registrant in the register, issue to the registrant all applicable evidence of registration. Evidence of registration 70(1) Documents issued as evidence of registration must include

66 (

a) the name of the registrant, (

b) the registran t’s unique registration number, (

c) the name of the professional regulatory organization, (

d) a statement that the eviden ce of registration is issued by the professional regulatory organization pursuant to this Act, (

e) any conditions or restrictions imposed on the registrant’s registration, (

f) the category and cl ass of registration, (

g) the expiry date and renew al date, if applicable, of the evidence of registration, and (

h) any other information prescribed in the regulations.

(2) Notwithstanding subsection (1), the registrar may issue other documents and things, including stamps or seals, to the registrant evidencing registration and evidence of professional practice, if applicable, where permitted in the regulations. Evidence of professional practice 71(1) A professional regulatory organization may issue evidence of professional practice to registrants in addition to evidence of registration if the professional regulatory organization (

a) was permitted to issue practice permits or other similar documents or things to registrants under a former Act immediately before the coming into force of this Act, or (

b) is authorized to do so by the Minister by the regulations.

(2) A professional regulatory organization may apply to the Minister for authorization to issue evidence of professional practice under subsection (1)(

b) in the form required by the Minister and accompanied by the information required by the Minister.

(3) Where an application is made under subsection (2), the Minister may, by regulation, (

a) authorize a professional regulatory organization to issue evidence of professional practice to registrants, and

67 (

b) prescribe the type, form, contents and requirements for issuing or receiving the evidence of professional practice.

(4) If a professional regulatory organization is authorized to issue evidence of professional practice under this section, the evidence of professional practice must (

a) include any conditions or restrictions imposed on the registration of the registrant receiving the evidence of professional practice, and (

b) state that it is not evidence of registration.

(5) If a professional regulatory organization issues evidence of professional practice, the evidence of registration issued by that professional regulatory organization must state that it is not evidence of professional practice.

(6) If a registrant’s registration is cancelled or suspended, the registrant’s evidence of professional practice is automatically cancelled or suspended.

(7) If a professional regulatory organization is authorized to issue evidence of professional practice under this section, the governing body must make bylaws respecting the evidence of professional practice, including (

a) the process for applying for evidence of professional practice, (

b) any criteria that must be met to receive evidence of professional practice, (

c) the process for considering and approving applications for evidence of professional practice, (

d) any conditions that may be imposed on the issuing or receiving of evidence of professional practice in addition to those prescribed under subsections (4) and (5), (

e) the form and content of evidence of professional practice, (

f) the processes and procedures for issuing evidence of professional practice,

68 (

g) the utilization of evidence of professional practice, including the duty, if any, to display or produce the evidence of professional practice, (

h) conditions or restrictions that apply to a person who hold s evidence of professional practice, including respecting the operations and activities of that person, (

i) the process for cancelling or suspending evidence of professional practice, and for reinstating, returning or reissuing evidence of professional practice, (

j) the expiry date and renewal date, if applicable, for the evidence of professional practice, and (

k) any other matter required by the regulations. Temporary registrants 72(1) An applicant who is registered in good standing in another jurisdiction may apply for temporary registration in a professional regulatory organization for a specific project or scope of work.

(2) An applicant for temporary registration must satisfy the registrar or registration committee that (

a) the project or scope of work is appropriate for temporary registration, and (

b) the applicant is registered in good standing and entitled to practice their profession in another jurisdiction in Canada.

(3) Registration as a temporary registrant is valid for a time period not to exceed one year, as determined and specified by the registrar or registration committee in accordance with the bylaws.

(4) On application by a temporary registrant, the registrar or registration committee may renew the temporary registration for the temporary registrant on one or more occasions in accordance with the bylaws.

(5) A temporary registrant’s registration is subject to (

a) a condition that the temporary registrant must remain registered in good standing in the jurisdiction in which the person was registered at the time of the person’s application for registration as a temporary registrant, and

69 if their registration in the other jurisdiction is suspended or cancelled, their temporary registration is cancelled, (

b) the same conditions and restrictions imposed on the temporary registrant’s registration in the jurisdiction where the temporary registrant was registered at the time of application for temporary registration, and (

c) any additional conditions or restrictions imposed by the registrar or registration committee. Division 3 Business Registration Business registrants 73 The requirements of and process applicable to applications for registration, consideration of those applications and the registration and continuing registration of business registrants must be provided for by the regulations and bylaws referred to in

Part 13. Division 4 Continuing Registration Continuing registration 74(1) A professional regulatory organization must, on a periodic basis, as provided for in the bylaws, review the registration of each registrant to confirm that each registrant meets the requirements for continuing registration.

(2) A registrant’s registration continues in effect if the registrant applies for continuing registration by submitting the following information to the registrar or registration committee in accordance with the bylaws: (

a) satisfactory evidence o f completing any continuing competence or education requirements in accordance with the bylaws; (

b) satisfactory evidence that the registrant is maintaining professional liability insurance, if required by the bylaws; (

c) satisfactory evidence of having complied with any conditions or restrictions on the registrant’s registration or practice;

70 (

d) any changes to the information required to be provided to the registrar under this Act, the regulations and the bylaws; (

e) satisfactory evidence that the registrant has paid all fees, fines and costs due to the professional regulatory organization; (

f) any other information required by this Act, the regulation s or the bylaws.

(3) The registrar or registration committee must review the information submitted under subsection (2) within the time period set by the bylaws to determine whether the registrant has complied with subsection (2).

(4) If a registrant has complied with subsection (2), (

a) the registrar or registration committee must confirm that the registrant’s registration continues in effect for the time period specified by the bylaws, and (

b) the registrar must issue ev idence of continuing registration and evidence of professional practice, if any, to the registrant in accordance with any requirements established in the regulations and bylaws.

(5) If a registrant fails to satisfy the registrar or registration committee that the registrant has complied with subsection (2), the registrar or registration committee may (

a) suspend or cancel the regis tration of the registrant in accordance with the regulations and bylaws, (

b) impose conditions or restrictions on the registration of t he registrant in accordance with the regulations and bylaws, (

c) require the registrant to give an undertaking to the professional regulatory organization with respect to the registrant’s practice, (

d) impose a financial pe nalty in accordance with the regulations or bylaws, or (

e) make a complaint under

Part 8 about the conduct of the registrant.

(6) If the registrar or registration committee takes any action under subsection (5)(a), (

b) or (c), the registrar or registration committee must (

a) give notice of the deci sion to the registrant, (

b) in the case of the regist ration committee taking the action, give notice of the decision to the registrar, and (

c) provide reasons for the decision and notify the registrant of how the registrant may appeal the decision under

section 83. Division 5 Reinstatement Reinstatement following a non-disciplinary cancellation 75(1) An applicant for reinstatement of registration must (

a) provide satisfactory eviden ce to the registrar of meeting the requirements for registration as a registrant of the professional regulatory organization, (

b) provide satisfactory eviden ce of meeting any education or experience requirements specified by the registrar, (

c) provide satisfactory ev idence of good character and reputation in accordance with the bylaws, (

d) provide satisfactory evidence that the applicant has paid all fees, fines and costs that are due or payable under this Act, the regulations or the bylaws, (

e) pay a reinstatement fee if prescribed by the bylaws, and (

f) satisfy any other terms o r conditions specified by the registrar.

(2) The registrar may reinstate registration for an applicant under subsection (1) if the registrar is satisfied the applicant has complied with subsection (1).

(3) Sections 66, 67, 68 and 83 apply with all necessary changes to applications for reinstatement under this section.

(4) This

section does not apply to an application for reinstatement if the registration was cancelled as a result of (

a) a disciplinary process under

Part 8 or any appeal in respect of the disciplinary process, or (

b) a disciplinary process or appeal from a disciplinary process under a former Act. Reinstatement following a disciplinary cancellation 76(1) Unless otherwise provided in the bylaws, a former registrant whose resignation was accepted or whose registration was cancelled as a result of (

a) a disciplinary process under

Part 8 or any appeal in respect of a disciplinary process, or (

b) a disciplinary process or appeal from a disciplinary process under a former Act may apply to the registration committee for reinstatement in accordance with this section.

(2) A governing body may make bylaws (

a) providing that no application for reinstatement may be made for a specified period from the date of the resignation or the cancellation of the registration, and (

b) respecting the time perio d after which a person is no longer eligible to apply for reinstatement.

(3) An applicant for reinstatement must (

a) provide satisfactory ev idence to the registration committee that the registrant has complied with all orders and any conditions or restrictions imposed on the applicant in relation to the applicant’s resignation or cancellation, (

b) provide satisfactory ev idence to the registration committee of meeting the requirements for registration as a registrant of the professional regulatory organization,

73 (

c) provide satisfactory ev idence to the registration committee of meeting any education or experience requirements specified by the registration committee, (

d) provide satisfactory ev idence to the registration committee of good character and reputation in accordance with the bylaws, (

e) provide satisfactory ev idence to the registration committee of steps taken to overcome, and evidence that the applicant has overcome, any competence or ethical issues, (

f) provide satisfactory ev idence to the registration committee that the applicant has paid all fees, fines and costs that are due or payable under this Act, the regulations or the bylaws, (

g) pay a reinstatement fee as provided for by the bylaws, and (

h) satisfy any other terms o r conditions specified by the registration committee.

(4) The registration committee may reinstate the registration of an applicant on any terms that the registration committee considers appropriate.

(5) Sections 66, 67, 68 and 83 apply, with all necessary modifications, to applications for reinstatement under this section. Revocation of disciplinary suspension 77 Unless otherwise provided in the regulations or bylaws, if a registrant’s registration is suspended as a result of (

a) a disciplinary process under

Part 8 or any appeal in respect of the disciplinary process, or (

b) a disciplinary process or appeal from a disciplinary process under a former Act, the suspension must be revoked when the registrant has satisfied the discipline tribunal secretary that the registrant has complied with the order governing the suspension and any evidence of registration and evidence of professional practice, if applicable, must be reissued or returned.

74 Cancellation on death 78 The registrar must cancel the registration, including evidence of registration and evidence of professional practice, if applicable, of a registrant on receiving proof satisfactory to the registrar that the registrant is deceased. Division 6 Maintaining the Register and Related Records Maintaining the register 79(1) The registrar must establish and maintain a register that identifies the category and class of each registrant in accordance with the bylaws.

(2) The registrar must enter the information required by the regulations for each registrant in the appropriate category or class of the register.

(3) The register must be publicly available, both in person and published on a professional regulatory organization’s website, and the registrar must permit any person to inspect the register during regular business hours. Additional registrant information 80(1) In addition to the register, a professional regulatory organization must establish and maintain a record with the information about each registrant required by the regulations.

(2) A registrant must provide the information required by the regulations to the professional regulatory organization on registration and must, if there is any change in the information, notify the professional regulatory organization within the time period set out in the bylaws.

(3) A member of the public may, during regular business hours, request the information about a registrant that is included in the record referred to in subsection (1) and the professional regulatory organization must provide the information. Access to registrant information 81 A professional regulatory organization must provide to any person, within a reasonable time of a written request, any of the

75 following information that it has in its possession regarding a registrant or former registrant: (

a) the registration status of the registrant or former registrant and any specialty of the registrant or former registrant recognized by the professional regulatory organization; (

b) information respecting any suspension of the registration and evidence of professional practice, if applicable, of the registrant or former registrant, and any restriction, condition or undertaking affecting the practice of the registrant or former registrant; (

c) information respecting any hearing or appeal relating to the registrant or former registrant and the status of the hearing or appeal; (

d) any decision, notice of a decision or

summary of a decision made in a discipline tribunal hearing or appeal tribunal hearing regarding a disciplinary matter with respect to the registrant or former registrant, and any order made as a result of that decision; (

e) a

summary of any sanction agreement approved under

section 102 or a former Act regarding the registrant or former registrant; (

f) a

summary of any findings of unprofessional conduct made with respect to a registrant or former registrant under this Act or a former Act and any order made as a result of those findings when (

i) the registration of the registrant or former registrant was cancelled or suspended as a result of the finding, and (ii) the findings were made by a discipline tribunal, appeal tribunal, governing body, committee, tribunal or joint committee or tribunal of a professional regulatory organization that has ordered that the publication of its findings or orders be made to all registrants on a named basis.

76 Return of evidence of registration and evidence of professional practice 82 A registrant or former registrant must send any evidence of registration and evidence of professional practice, if applicable, to the registrar on the request of the registrar, including where the registration of the registrant is suspended or cancelled under this Act. Division 7 Appeals Appeal to appeal tribunal 83(1) The following may appeal to the appeal tribunal under

Part 10: (

a) an applicant whose application for registration was deemed to be refused under

section 67(5); (

b) an applicant whose application for registration is approve d subject to conditions, deferred or refused under

section 68; (

c) a registrant whose registration is suspended, cancelled or made subject to conditions or restrictions or who is required to give an undertaking under

section 74(5); (

d) an applicant whose appli cation for reinstatement of registration under

section 75 or 76 is approved subject to conditions, deferred or refused.

(2) The appellant and the registrar or registration committee are the parties to an appeal under this section.

(3) In the case of an applicant whose application was deemed to be refused under

section 67(5), the appeal tribunal shall make a decision on the application in the place of the registrar or registration committee.

Part 6 Competence and Continuing Competence Continuing competence program 84(1) A governing body must establish a continuing competence program in accordance with this section.

(2) A governing body (

a) that is continued under this Act and that does not have a continuing competence program on the coming into force of this Act must establish a continuing competence program within 2 years of the date that this Act comes into force, (

b) that was designated as a professional regulatory organization under

section 14 must establish a continuing competence program within 2 years of the professional regulatory organization’s designation as a professional regulatory organization, and (

c) that is established by an amalgamation under

section 29 must (

i) adopt the continuing competence program of a professional regulatory organization that was amalgamated into the amalgamated professional regulatory organization, or (ii) if no professional regulatory organization that was amalgamated into the amalgamated professional regulatory organization had a continuing competence program, must establish a continuing competence program within 2 years of the effective date of the amalgamation, unless otherwise specified by the Minister.

(3) A continuing competence program must enable individual registrants to (

a) maintain competen ce in the profession, and (

b) enhance their ability to pr ovide professional services.

(4) The continuing competence program must be mandatory for all individual registrants and may be applied to other categories of registrants in accordance with the bylaws.

(5) The continuing competence program must be administered and maintained by either a governing body, practice review committee or competence committee, or a combination of those bodies, as prescribed by the bylaws.

(6) Information related to participation in a continuing competence program is confidential, and any person who has access to or comes into possession of such information shall not publish, release or disclose the information in any manner except as necessary to carry out the person’s powers and duties under this Act.

(7) Notwithstanding subsection (6), information related to participation in a continuing competence program may be (

a) published, released or disclosed by the professional regulatory organization in summarized or statistical form if the information is provided or published in such a manner that it is not possible to relate the information to any particular identifiable person, (

b) used by the professional regulatory organization to disclose to its CIC secretary the name of a registrant and the grounds for a complaint under

section 94, or (

c) released or disclosed to the registrant or the counsel of that registrant in connection with proceedings respecting that registrant under

Part 5, 7, 8, 9 or 10.

(8) If any person publishes, releases or discloses information in contravention of this section, that information may not be used in proceedings under any other Part of this Act, in any arbitration or inquiry or in any action, matter or proceeding before a court. Role of a competence committee 85 Where a professional regulatory organization has a competence committee, the competence committee must (

a) make recommendations, on request, to the registrar or registration committee on the competence of the profession, including continuing competence requirements and the assessment of those requirements, (

b) if the registrar or registration committee has referred an application for registration, evidence of professional practice or continuing registration to the competence committee, assess the application and make a recommendation on whether the application should be approved, with or without conditions or res

Document details

Collection	Alberta — Bills
Citation	L30 S3 11981
Type	bill
Volume / chapter	L30 S3 11981
Language	en
Format	json
Source	PROVINCIAL
Identifier	9e143baa622a44bc126a5f35efabf14e1b17acc1

Source file is stored in the law ingest library (json).