2018 Legislative Session: 3rd Session, 41st Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE GEORGE HEYMAN

MINISTER OF ENVIRONMENT

AND CLIMATE CHANGE STRATEGY

BILL 49 – 2018

PROFESSIONAL GOVERNANCE ACT

Contents

Part 1 –

Definitions and Application

Definitions and

interpretation

Specific

definitions and information

Application to firms as registrants

Part 2 – Superintendent of Professional Governance

Division 1 – Appointment of Superintendent

Office of the superintendent of professional governance established

Superintendent's power to delegate

Professional Governance Advisory Committee

General duty and responsibilities of superintendent

Rules of practice and procedure

Division 2 – Powers of Superintendent

Guidelines

Investigations and audits by superintendent

Directives issued by superintendent

Appointment of public administrator

Power to compel persons to give evidence and order disclosure

Contempt proceeding for uncooperative witness or other person

Referral of complaints

Application of the Administrative Tribunals Act

Administration of rosters

Public interest disclosure

Division 3 – Reports of Superintendent

Reports to minister

Superintendent to make recommendations

Part 3 – Regulatory Bodies

Division 1 – General

Definition

General duty and responsibilities of regulatory bodies

Division 2 – Organization of Regulatory Body

Council of regulatory body

Term limits

Selection principles and criteria

Election of registrant councillors

Appointment of lay councillors

Oath of office

Required lay councillors and quorum

Disqualification and termination of councillors

Registrar and register for regulatory body

Officers and committees

General meetings of regulatory bodies

Implementing resolutions of general meetings

Bylaws of council

Division 3 – General Matters in Respect of Bylaws

Provisions may be different in bylaws

Filing of bylaws

Disallowance of bylaws

Forms established by bylaws

Copies of bylaws

Division 4 – Reports of Regulatory Bodies

Annual report to superintendent

Part 4 – Registrants

Division 1 – Categories of Registrants

Categories of registrants and bylaws for categories of registrants

Restricted and specialized areas of practice

Division 2 – Enrolment, Admission and Reinstatement

Credentials committee

Application for enrolment, admission or reinstatement as registrant

Enrolment of trainees

Admission and reinstatement of registrants

Review on the record

Certificate of registration and seal

Fees and special assessments

Part 5 – Reserved Titles and Reserved Practice

Exclusivity of reserved titles and right of practice of reserved practice

Prohibition and limitation – use of reserved titles

Exceptions for use of reserved titles

Prohibitions regarding reserved practice

Exceptions to prohibitions

Part 6 – Protection of the Public Interest With Respect to Professional Governance and Conduct

Division 1 – Standards of Conduct and Competence

Definition and application

Standards of conduct and competence

Duty to report

Division 2 – Competence Declarations and Conflict of Interest Declarations

Requirements for declarations may be prescribed

Registrants must file competence declarations and conflict of interest declarations

Exceptions

Conflict of interest declarations – disclosure, guidelines and directives

Division 3 – Audits, Practice Reviews and Discipline

Audits and practice reviews

Investigation committee

Complaints

Investigations authorized by council

Extraordinary action to protect public

Inspectors

Powers and duties of inspectors

Search and seizure under court order

Detention of things seized

Reprimand or remedial action by consent

Consent orders

Alternative complaint resolution

Discipline hearings

Conduct in another jurisdiction

Discipline committee to conduct hearings

Failure to attend

Right to counsel

Witnesses

Costs

Division 4 – Other Matters

Information to be publicly available

If registration of firm as registrant suspended or cancelled

Part 7 – Applicable Regulatory Bodies

Division 1 – Regulatory Bodies Continued Under This Act

Regulatory bodies continued

Division 2 – Designating Regulatory Bodies

Application by professional association for designation

Investigation regarding possible designation

Designations

Regulations in respect of applications for designation

Designation of regulatory body

Regulatory body established

Division 3 – Amalgamation of Regulatory Bodies

Definitions and

interpretation

Determination of whether to amalgamate regulatory bodies

Amalgamation

Property and obligations on amalgamation

Governance on amalgamation

Powers and duties in progress

Registrants and others on amalgamation

Firms on amalgamation

Part 8 – Enforcement of Act

Division 1 – Enforcement Powers of Superintendent

Administrative penalties

Effect of charging an offence

Recovery of penalties and other debts due

Limitation period

Division 2 – Offences and Injunctions

No reprisals

Obstruction of superintendent

Obstruction of inspection or search

Offences

Injunction to restrain contravention

Contempt

Part 9 – General

Confidentiality – general

Confidentiality – committee matters

Compulsion protection

Personal liability protection – general

Personal liability protection – claims about reprisal

Certificate as evidence

Service of notice or documents

When failure to serve does not invalidate proceeding

Part 10 – Regulations

Application of regulations

General power to make regulations

Regulations may delegate and may provide for discretion or be different

Regulations for administrative penalties

Regulations for offences

Ministerial regulation-making power

Part 11 – Transitional and Related Provisions, Repeals and Related and Consequential Amendments

Division 1 – Transitional and Related Provisions

Definitions

Interim elections to council

Inconsistent bylaws

Continued councils and councillors

Transition – powers and duties in progress

Transitional directions

Transitional regulations

Division 2 – Repeals

130-134

Repeals

Division 3 – Related and Consequential Amendments

135-157

Related and consequential amendments

Commencement

Schedule 1

Schedule 2

Schedule 3

This Bill repeals the Agrologists Act , S.B.C. 2003, c. 13, the Applied Science Technologists and Technicians Act , R.S.B.C. 1996, c. 15, the College of Applied Biology Act , S.B.C. 2002, c. 68, the Engineers and Geoscientists Act , R.S.B.C. 1996, c. 116, and the Foresters Act , S.B.C. 2003, c. 19, and replaces them with a new Professional Governance Act .

The new Act establishes an office of the superintendent of professional governance, to provide oversight of the regulatory bodies, while establishing a harmonized legislative and governance framework for the regulated bodies that are subject to the new Act, with authority for other regulatory bodies to be added.

The new Act also provides for related and consequential amendments to related enactments involving the regulated professions that are subject to the new Act.

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 –

Definitions and Application

Definitions and

interpretation

(1) In this Act:

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

(

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

(

b) admission or reinstatement as a registrant of the regulatory body;

"bylaw" means a bylaw made under this Act;

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

"certified non-registrant" , in respect of a regulatory body, means a person who is

(

a) not a registrant, and

(

b) certified and authorized to provide or perform aspects of regulated practice in accordance with any applicable bylaws or regulations under this Act;

"citation" means a citation issued under

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

"committee" , in respect of a regulatory body, means

(

a) the nomination committee established under

section 26 (1) [election of registrant councillors] ,

(

b) the credentials committee established under

section 44 (1) [credentials committee] ,

(

c) the audit and practice review committee established under

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

(

d) the investigation committee established under

section 64 [investigation committee] ,

(

e) the discipline committee established under

section 75 (1) [discipline hearings] , or

(

f) another committee established under

section 32 (3) [officers and committees] ;

"conduct unbecoming a registrant" means conduct of a registrant that

(

a) brings the regulatory body or its registrants into disrepute,

(

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

(

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

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

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

(

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

(

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

"council" means the council established under

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

"councillor" means a councillor referred to in

section 23;

"declaration" means, as applicable,

(

a) a competence declaration filed by a registrant under

section 60 (1) (a) [registrants must file competence declarations and conflict of interest declarations] , or

(

b) a conflict of interest declaration filed by a registrant under

section 60 (1) (b);

"designated regulatory body" means a regulatory body that is designated for the purposes of this Act under

section 89 (1) [designation of regulatory body] ;

"firm" means

(

a) a legal entity or combination of legal entities engaged in providing services in respect of a regulated practice, or

(

b) a government registrant,

but does not include a legal entity or combination of legal entities that may be exempted from this Act by regulation of the Lieutenant Governor in Council;

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

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

(

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

(

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

"lay councillor" means a councillor described in

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

"minister" means the Attorney General, unless the context otherwise requires;

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

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

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

"professional association" means a body corporate, association or other governing body that is responsible for the governance of a profession;

"professional governance" means

(

a) the regulation of professions, and

(

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

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

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

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

(

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

(

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

"registrant councillor" means a councillor described in

section 23 (2) (a);

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

"regulatory body" means a regulatory body listed in

Schedule 1 to this Act that is

(

a) continued under Division 1 [Regulatory Bodies Continued Under This Act] of

Part 7 [Applicable Regulatory Bodies] ,

(

b) designated under Division 2 [Designating Regulatory Bodies] of

Part 7, or

(

c) amalgamated under Division 3 [Amalgamation of Regulatory Bodies] of

Part 7;

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

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

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

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

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

section 75 [discipline hearings] ;

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

section 17 [administration of rosters] ;

"roster member" means a registrant who is designated under

section 17 as a member of a roster;

"specialist" means a registrant with a specialization;

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

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

"superintendent" means the superintendent of professional governance appointed under

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

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

(2) For the purposes of this Act, a reference to a professional association refers to a governing body other than a regulatory body listed in

Schedule 1 to this Act.

Specific

definitions and information

(1) The

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

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

Schedule 1 to this Act as applicable, including

definitions and information in relation to the following:

(

a) the regulatory bodies;

(

b) practice areas in respect of professions;

(

c) regulated practices in respect of professions;

(

d) registrants and categories of registrants;

(

e) certified non-registrants;

(

f) other prescribed matters.

(2) The Lieutenant Governor in Council may, by regulation, amend

Schedule 1 to this Act.

Application to firms as registrants

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

(

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

(

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

Part 2 – Superintendent of Professional Governance

Division 1 – Appointment of Superintendent

Office of the superintendent of

professional governance established

(1) An office of the superintendent of professional governance is established in the Ministry of Attorney General that is responsible for the matters described in

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

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

(

a) the superintendent;

(

b) one or more deputy superintendents;

(

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

(3) The minister may designate one or more employees of the ministry to act temporarily in the place of the superintendent.

(4) The minister or, after consultation with the minister, the superintendent may retain consultants, experts and other persons the minister or the superintendent considers necessary to enable or assist the superintendent to exercise powers or perform duties, including investigations or audits, of the superintendent, or the office, under this Act.

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

Superintendent's power to delegate

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

Professional Governance Advisory Committee

(1) The minister may appoint a Professional Governance Advisory Committee consisting of

(

a) the superintendent, who must be appointed chair, and

(

b) as the minister considers appropriate,

(

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

(ii) other persons with relevant knowledge and experience.

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

(3) The Professional Governance Advisory Committee must

(

a) review transitional matters relating to the implementation of this Act,

(

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

(

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

General duty and responsibilities

of superintendent

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

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

(

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

(

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

(

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

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

(

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

(

i) overseeing the implementation and administration of this Act,

(ii) administering rosters,

(iii) receiving, if applicable, conflict of interest declarations in respect of registrants from regulatory bodies,

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

(

v) submitting reports in accordance with

section 19 [reports to minister] ;

(

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

(

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

(ii) providing information and advice to regulatory bodies, registrants and professional associations about the requirements under this Act,

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

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

section 106 (1) [offences] ,

(

v) issuing directives to ensure compliance with this Act, including compliance in the administration, by regulatory bodies, of declarations,

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

section 103 [no reprisals] , and

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

Part 8 [Enforcement of Act] ;

(

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

(3) For certainty, nothing in this

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

Rules of practice and procedure

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

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

(3) The Lieutenant Governor in Council may, by regulation,

(

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

(

b) amend or repeal a rule made by the superintendent.

Division 2 – Powers of Superintendent

Guidelines

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

(

a) relating to the governance of the regulatory body, and

(

b) relating to the following:

(

i) the protection of the public interest;

(ii) bylaws made by the council;

(iii) the code of ethics required, or the ethical principles described, under

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

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

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

Investigations and audits by superintendent

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

(

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

(

b) the state of practice of a profession in British Columbia.

(2) Subsection (1) includes

(

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

(

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

(

i) section 52 [prohibition and limitation – use of reserved titles] ;

(ii)

section 54 [prohibitions regarding reserved practice] ;

(iii)

section 58 [duty to report] ;

(iv)

section 60 [registrants must file competence declarations and conflict of interest declarations] ;

(

v) section 67 [extraordinary action to protect public] ;

(vi)

section 103 [no reprisals] ;

(vii)

section 104 [obstruction of superintendent] ;

(viii)

section 105 [obstruction of inspection or search] .

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

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

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

(

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

(

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

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

Directives issued by superintendent

(1) The superintendent may issue directives relating to the following:

(

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

(

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

(

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

(

i) consistent with any guidelines established under

section 9, or

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

section 10.

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

(3) A council must comply with a directive issued to it under this section.

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

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

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

Appointment of public administrator

(1) Without limiting sections 10 and 11, the superintendent may appoint a public administrator to discharge the powers and duties of a council under this Act if the superintendent considers this to be necessary in the public interest, whether or not the superintendent has exercised any other power under this Act.

(2) On the appointment of a public administrator, the councillors cease to hold office unless otherwise ordered by the superintendent.

(3) The superintendent may specify

(

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

(

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

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

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

(5) The expenses incurred under this

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

Power to compel persons to give evidence

and order disclosure

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

(

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

(

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

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

(

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

(

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

Contempt proceeding for uncooperative

witness or other person

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

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

(

a) take an oath or affirmation;

(

b) answer questions;

(

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

Referral of complaints

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

(

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

(

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

Application of the Administrative Tribunals Act

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

Part 8 [Enforcement of Act] of this Act:

(

a) section 44 [tribunal without jurisdiction over constitutional questions] ;

(

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

(

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

Administration of rosters

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

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

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

(

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

(

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

(

c) restrictions on carrying out activities by roster members.

Public interest disclosure

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

(

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

(

b) that relate to

(

i) a profession,

(ii) a regulated practice, or

(iii) a matter relevant to registrants under a relevant enactment.

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

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

(3) Personal information may not be published under this

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

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

Division 3 – Reports of Superintendent

Reports to minister

(1) The superintendent must, no later than May 1 in each year, provide to the minister for consideration a proposed annual report in respect of the superintendent's activities under this Act.

(2) The minister may provide comments to the superintendent on the proposed annual report no later than May 15 in each year.

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

(4) The minister may, in the minister's annual report under

section 6 [annual report] of the Attorney General Act , include all or part of the superintendent's annual report.

Superintendent to make recommendations

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

(

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

(

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

Part 3 – Regulatory Bodies

Division 1 – General

Definition

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

General duty and responsibilities of regulatory bodies

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

(

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

(

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

(2) A regulatory body has the following responsibilities:

(

a) to superintend the regulated practice;

(

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

(

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

(

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

(

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

(

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

(

i) professional misconduct,

(ii) conduct unbecoming a registrant, and

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

(

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

(

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

(

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

(

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

(

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

(

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

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

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

(

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

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

Division 2 – Organization of Regulatory Body

Council of regulatory body

(1) Subject to

section 84 [regulatory bodies continued] , a council is established for each regulatory body in respect of that regulatory body.

(2) The composition of a council consists of the following councillors:

(a) 7 registrant councillors, including the president and vice president,

(

i) who are registrants of the regulatory body, and

(ii) who are elected or temporarily appointed under

section 26 [election of registrant councillors] ;

(b) 4 lay councillors

(

i) who are not registrants of the regulatory body, and

(ii) who are appointed under

section 27 [appointment of lay councillors] ;

(

c) the immediate past president of the regulatory body, who is a non-voting registrant councillor.

(3) The councillors may act even if there is a vacancy on a council.

(4) A councillor may not be a member of a committee or panel established in respect of the regulatory body under this Act.

Term limits

(1) The term for a councillor to hold office is 3 years.

(2) A registrant councillor who serves successive terms is subject to the following limits:

(

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

(

i) president of the regulatory body;

(ii) vice president of the regulatory body;

(iii) a councillor other than president and vice president of the regulatory body;

(

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

(3) A lay councillor may not serve successive terms for more than 6 consecutive years from the date of the lay councillor's initial appointment.

(4) The Lieutenant Governor in Council may, by order, set a term for an individual lay councillor that is shorter than 3 years.

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

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

Selection principles and criteria

(1) The selection of nominees to be registrant councillors under

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

(2) A council may

(

a) subject to

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

(

b) make recommendations to the Lieutenant Governor in Council in respect of different criteria or preferences for lay councillors.

Election of registrant councillors

(1) The council of each regulatory body must, in accordance with

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

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

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

(3) An election of registrant councillors is to be conducted in accordance with the bylaws made by the council and the regulations that may be made by the Lieutenant Governor in Council.

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

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

(

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

section 28,

(

b) an elected registrant councillor dies, resigns or is incapable of performing the councillor's duties under this Act,

(

c) an elected registrant councillor is disqualified, or

(

d) there is a vacancy on the council because no registrant councillor was elected.

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

Appointment of lay councillors

(1) The Lieutenant Governor in Council may appoint the lay councillors for the council of each regulatory body after a merit-based process.

(2) If there is a vacancy in the office of a lay councillor, the minister may temporarily appoint a lay councillor for a term of not more than one year.

Oath of office

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

(2) The registrar of each regulatory body may, for the purposes of this Act, administer oaths.

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

Required lay councillors and quorum

(1) At least one lay councillor must be present at any meeting, proceeding or hearing of the council under this Act unless there are no lay councillors appointed in respect of the council on the date of the meeting, proceeding or hearing.

(2) Subject to subsection (1), the majority of the voting councillors of a council of a regulatory body constitutes a quorum.

(3) Despite subsection (1) of this

section and

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

(

a) the powers and duties of the council are not affected by a vacancy in the office of a lay councillor, and

(

b) the acts done by a quorum of council are not invalid by reason only that the council is not at the time composed of the number of councillors required under this Act.

Disqualification and termination of councillors

(1) A registrant councillor ceases to hold office

(

a) if the registrant councillor

(

i) contravenes a term of the oath of office required by

section 28 (1),

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

(iii) contravenes a provision of another provincial or federal enactment, or

(iv) becomes bankrupt, and

(

b) if, after reasonable notice to the registrant councillor, the council, by resolution passed by a vote of at least 2/3 of the other councillors voting on the resolution, considers that the circumstance described in paragraph (

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

(2) A registrant councillor ceases to hold office if the registrant councillor ceases to be a registrant.

(3) The Lieutenant Governor in Council may, by order, terminate the appointment of a lay councillor.

Registrar and register for regulatory body

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

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

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

(

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

(

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

(

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

(

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

(

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

(

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

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

section applied to the regulatory body;

(

f) any additional information

(

i) specified under subsection (5) by

(

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

(

B) the discipline committee,

(ii) required under the bylaws of the regulatory body, or

(iii) prescribed by the Lieutenant Governor in Council.

(4) The registrar must cancel the registration of a registrant if

(

a) the registrant requests or consents in writing to the cancellation,

(

b) the registrant has failed to pay a fee for renewal of registration or another fee within the required time,

(

c) notification is received of the registrant's death, or

(

d) the registration of the registrant has been cancelled under

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

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

(

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

(

b) the discipline committee, in disposing of a matter under

Part 6 in respect of a registrant.

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

Officers and committees

(1) In addition to the registrar and any deputy registrars, a council may establish other offices and appoint other officers, including

(

a) an executive director, who must not be a councillor, and

(

b) an officer other than the president and vice president, including an officer who may also be a councillor.

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

(3) Subject to

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

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

(

a) a bylaw-making authority, or

(

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

(5) A council may authorize

(

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

(

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

(6) A council may make bylaws in respect of the following:

(

a) the appointment and termination of officers other than the president and the vice president;

(

b) the appointment and termination of members of committees;

(

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

(7) Subject to

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

(

a) include at least one lay committee member,

(

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

(

c) have a chair who is appointed in accordance with the process and selection principles referred to in

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

General meetings of regulatory bodies

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

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

(3) The council, at any time on its own motion, may call a general meeting of the regulatory body.

(4) The council must call a general meeting of the regulatory body on the written request of

(a) 5 councillors, or

(

b) the greater of the following:

(i) 50 registrants in good standing;

(ii) 1% of the registrants.

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

Implementing resolutions of general meetings

(1) A resolution of a general meeting of a regulatory body, including the annual general meeting, is not binding on the council of a regulatory body, except as provided in this section.

(2) Subject to subsection (4), the council must conduct a referendum of all registrants on a resolution of a general meeting if

(

a) the resolution has not been substantially implemented by the council within 4 months following the general meeting at which it was adopted, and

(

b) the council or an officer receives a written request for a referendum on the resolution signed by at least 5% of the registrants.

(3) Subject to subsection (4), the resolution referred to in subsection (2) is binding on the council if

(

a) at least 50% of all registrants in good standing vote in the referendum, and

(

b) at least 2/3 of the votes cast are in favour of the resolution.

(4) The council must not implement a resolution if to do so would

(

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

(

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

Bylaws of council

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

(

a) the duties of councillors;

(

b) the removal of a registrant councillor;

(

c) the temporary appointment of a registrant councillor to fill a vacancy caused by the incapacity, resignation, removal or death of a registrant councillor;

(

d) the duties of the president and the vice president of the council;

(

e) the temporary appointment of a vice president of the council to fill a vacancy caused by the incapacity, resignation, removal or death of a vice president;

(

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

Part 4 [Registrants] and

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

(

g) the management, duties and purposes of the regulatory body.

(2) The council may make bylaws governing the conduct of the affairs of the council, including the conduct of council meetings and proceedings before the council.

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

Division 3 – General Matters in Respect of Bylaws

Provisions may be different in bylaws

36 Provisions in a bylaw under this Act may be different for

(

a) different classes of registrants,

(

b) different classes of certified non-registrants, and

(

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

Filing of bylaws

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

(

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

(

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

(

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

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

(

a) the superintendent declares, under

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

(

b) the council withdraws the bylaw under

section 38 (2), or

(

c) the superintendent disallows the bylaw under

section 38 (3).

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

section and

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

Disallowance of bylaws

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

section 37,

(

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

section 37 (2), or

(

b) disallow a bylaw filed under

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

(2) The council may, by written notice delivered to the superintendent, withdraw a bylaw or a portion of a bylaw delivered under

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

(3) The superintendent must disallow a bylaw filed under

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

(

a) the appointment or election of councillors of a regulatory body under

(

i) section 23 [council of regulatory body] ,

(ii)

section 26 [election of registrant councillors] , or

(iii)

section 27 [appointment of lay councillors] ;

(

b) the responsibilities referred to in

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

(

c) the presence of required lay councillors of a regulatory body in accordance with

section 29 [required lay councillors and quorum] .

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

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

Forms established by bylaws

(1) A bylaw made under a bylaw-making authority in this Act may authorize the registrar to establish a form that is required, under that bylaw, to be used by registrants or certified non-registrants, as the case may be.

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

Copies of bylaws

40 The council of each regulatory body must

(

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

(

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

(

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

Division 4 – Reports of Regulatory Bodies

Annual report to superintendent

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

Part 4 – Registrants

Division 1 – Categories of Registrants

Categories of registrants and

bylaws for categories of registrants

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

(2) The council of a regulatory body may make bylaws to do the following:

(

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

(

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

(

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

b) of this subsection, including

(

i) voting rights, and

(ii) use of titles, abbreviations or designations referred to in

Part 5 [Reserved Titles and Reserved Practice] ;

(

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

(

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

(

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

Restricted and specialized areas of practice

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

(

a) designating restricted areas of practice;

(

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

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

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

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

(

a) designating specialized areas of practice;

(

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

(

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

Division 2 – Enrolment, Admission and Reinstatement

Credentials committee

(1) The council of a regulatory body may, subject to

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

(

a) advise the council on matters falling within the scope of this Division, and

(

b) carry out other functions consistent with this Division.

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

Application for enrolment, admission

or reinstatement as registrant

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

(

a) grant the application,

(

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

(

c) reject the application, with written reasons.

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

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

Enrolment of trainees

(1) The council of a regulatory body may make bylaws to do the following:

(

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

(

b) set fees for enrolment;

(

c) establish, maintain or endorse an education program for trainees;

(

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

(

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

(

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

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

(

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

(

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

(

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

Admission and reinstatement of registrants

(1) The council of a regulatory body may make bylaws to do the following:

(

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

(

b) set fees for admission;

(

c) establish requirements and procedures for the reinstatement of former registrants;

(

d) set fees for reinstatement;

(

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

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

(

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

(

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

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

(

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

(

b) bylaws the council may make to administer the admission of the person as a registrant.

Review on the record

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

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

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

(4) After conducting its review, the council may

(

a) confirm the decision in respect of the application, or

(

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

(5) The council may make bylaws establishing

(

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

(

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

section 45.

Certificate of registration and seal

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

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

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

(

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

(

b) governing the use of the seal.

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

(

a) bylaws made by the council under subsection (3);

(

b) the use of the seal by registrants.

Fees and special assessments

(1) The council of a regulatory body may make bylaws to do the following:

(

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

(

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

(

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

(

d) set the date by which a fee, including the annual fee or a special assessment, must be paid;

(

e) permit late payment of a fee, including the annual fee or a special assessment;

(

f) set a fee for late payment of a fee, including the annual fee or a special assessment;

(

g) determine the circumstances in which a full or partial refund of a fee, including the annual fee or a special assessment, may be made;

(

h) waive payment of all or part of a fee, including the annual fee or a special assessment, for a person who the council wishes to honour.

(2) If a registrant fails to pay a fee, including the annual fee, a special assessment or a penalty imposed by the council under this Act by the time the fee, assessment or penalty is required to be paid, the registrant ceases to be a member of the regulatory body unless the council of the regulatory body otherwise directs, subject to bylaws made under subsection (1).

Part 5 – Reserved Titles and Reserved Practice

Exclusivity of reserved titles and

right of practice of reserved practice

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

(

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

Schedule 2 to this Act, and

(

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

Schedule 3 to this Act.

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

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

(

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

(

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

Prohibition and limitation – use of reserved titles

(1) If a regulation under

section 51 (1) (

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

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

(

a) to describe the person's work,

(

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

(

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

(2) If a regulation under

section 51 (1) or 89 (2) (

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

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

Exceptions for use of reserved titles

53 Despite

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

section 51 (1) (

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

section 52 (1) if the person

(

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

(

b) indicates, in doing so,

(

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

(ii) the name of the other province or foreign jurisdiction, and

(

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

Prohibitions regarding reserved practice

(1) If a regulation under

section 51 (1) (

b) or 89 (2) (

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

(

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

(

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

(2) If a regulation under

section 51 (1) (

b) or 89 (2) (

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

(

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

(

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

Exceptions to prohibitions

55 Despite

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

Part 6 – Protection of the Public Interest With Respect to Professional Governance and Conduct

Division 1 – Standards of Conduct and Competence

Definition and application

(1) In this Part, "registrant" includes

(

a) a former registrant, and

(

b) a certified non-registrant or former certified non-registrant to whom this Part applies.

(2) In the case of a former registrant or former certified non-registrant, the application of this

Part is limited to the period of time when the former registrant or the former certified non-registrant was acting as a registrant or certified non-registrant, as the case may be.

Standards of conduct and competence

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

(

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

(

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

(

c) aspects of practice that a registrant either may or must not

(

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

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

(

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

(

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

(

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

(

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

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

(

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

(

b) practice only in those fields where training and ability make the registrant professionally competent;

(

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

(

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

(

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

(

f) provide accurate information in respect of qualifications and experience;

(

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

(

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

(

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

(

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

(

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

(

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

(3) The Lieutenant Governor in Council may make regulations

(

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

(

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

(

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

(4) The council may make bylaws establishing the following:

(

a) a class or classes of certified non-registrants to whom registrants may delegate aspects of the regulated practice or who may be authorized to provide or perform aspects of the regulated practice in accordance with a bylaw made under subsection (1) (c);

(

b) conditions or requirements, including training or education requirements, for the certification by the regulatory body of certified non-registrants described in paragraph (a);

(

c) standards, limits or conditions in respect of the aspects of regulated practice that may be provided or performed by certified non-registrants;

(

d) conditions or requirements for renewal, suspension, cancellation and reinstatement of the certification of certified non-registrants, and provide for the suspension or cancellation of the certification of certified non-registrants for late payment or non-payment of fees;

(

e) fees payable to the regulatory body by certified non-registrants;

(

f) joint standards of conduct or competence in conjunction with another professional or occupational body in another jurisdiction, if relevant.

Duty to report

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

a) or (b).

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

(

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

(

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

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

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

(4) If a person

(

a) terminates the employment of an identified registrant,

(

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

(

c) dissolves a partnership or association with the identified registrant,

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

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

b) or (

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

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

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

(7) Subject to the registrar's approval, the identified registrant, if ordered under this

section to cease or restrict the regulated practice as a registrant of the regulatory body, may employ another registrant of that regulatory body to carry on the regulated practice.

Division 2 – Competence Declarations and

Conflict of Interest Declarations

Requirements for declarations

may be prescribed

59 The Lieutenant Governor in Council may make regulations prescribing requirements for the purposes of administering declarations under this Division, including any forms that may be required.

Registrants must file competence declarations

and conflict of interest declarations

(1) When a registrant is engaged to provide services that are within the registrant's regulated practice, the registrant must, within a prescribed time period and in the prescribed form and manner, file the following:

(

a) a competence declaration;

(

b) a conflict of interest declaration, which includes a conflict of interest or a perceived conflict of interest in respect of the service to be provided.

(2) The council of a regulatory body may, subject to regulations that may be made by the Lieutenant Governor in Council, make bylaws to specify the requirements for competence in respect of the regulated practice of registrants or a category of registrants.

Exceptions

61 The Lieutenant Governor in Council may, by regulation, provide an exception to a requirement under this Division, in accordance with the prescribed criteria or circumstances.

Conflict of interest declarations –

disclosure, guidelines and directives

(1) The Lieutenant Governor in Council may make regulations that a regulatory body disclose conflict of interest declarations to the superintendent within a prescribed time period and in the prescribed form and manner.

(2) The superintendent may establish guidelines or issue directives for how a council of a regulatory body is to administer conflict of interest declarations, in accordance with regulations that may be made by the Lieutenant Governor in Council.

Division 3 – Audits, Practice Reviews and Discipline

Audits and practice reviews

(1) The council of a regulatory body may, subject to

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

(

a) advise the council on matters falling within the scope of this Division, and

(

b) carry out other functions consistent with this Division.

(2) The council may authorize the audit and practice review committee to

(

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

(

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

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

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

(

a) there is reason to believe that the registrant might have

(

i) contravened this Act, the regulations or the bylaws,

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

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

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

(

b) the registrant consents.

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

(

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

(

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

(

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

(

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

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

(iii) requiring that the registrant undertake additional training;

(

d) refer a report required under paragraph (

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

(

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

section 66 [investigations authorized by council] , and

(ii) advise the council or the investigation committee accordingly.

(6) The council may make bylaws to do the following:

(

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

(

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

(

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

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

(8) The confidentiality provisions set out under

section 110 [confidentiality – committee matters] apply in respect of the audit or practice committee.

Investigation committee

64 The council of a regulatory body may, subject to

section 23 (4), establish an investigation committee to

(

a) advise the council on matters falling within the scope of this Division, and

(

b) carry out other functions consistent with this Division.

Complaints

(1) A person may make a complaint to the regulatory body, the council or an officer about a registrant of the regulatory body who may be

(

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

(

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

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

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

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

section 63 or take action under

section 66.

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

Investigations authorized by council

(1) The council of a regulatory body may do the following:

(

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

(

i) professional misconduct,

(ii) conduct unbecoming a registrant, or

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

(

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

(

i) cooperate with the investigation,

(ii) answer questions,

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

(iv) provide explanations on request;

(

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

(

d) issue a citation ordering a discipline hearing under

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

(

e) rescind a citation issued under paragraph (d).

(2) The council may make bylaws

(

a) authorizing the council to

(

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

(ii) summarily reject the application of an applicant convicted of an indictable offence,

(

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

(

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

(

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

(

e) governing the issuance or rescission of a citation.

Extraordinary action to protect public

(1) If the council of a regulatory body, or a discipline committee established under

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

section 66 (1) (

a) or pending a hearing under

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

(

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

(

b) suspend the registration of the registrant.

(2) An order of the council under subsection (1) must

(

a) be in writing,

(

b) include reasons for the order, and

(

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

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

(

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

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

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

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

Inspectors

(1) An investigation committee of a regulatory body may appoint persons as inspectors for the regulatory body.

(2) The registrar of a regulatory body is an inspector for the regulatory body.

(3) The registrar may appoint a deputy registrar of the regulatory body as an inspector for the regulatory body.

Powers and duties of inspectors

(1) During regular business hours, an inspector under

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

(

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

(

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

(

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

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

section 66.

(3) If an inspector acts under this

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

Search and seizure under court order

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

(

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

(

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

(

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

a) or (

b) for further inspection, examination or analysis.

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

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

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

(

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

(

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

(

i) contravened this Act, the regulations or the bylaws,

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

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

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

(4) In an order under this section, the court

(

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

(

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

(

c) may direct that

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

b) are met.

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

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

section 71 be applied to the thing seized.

(6) A request under subsection (5) of this

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

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

Detention of things seized

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

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

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

(

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

b) should be made, or

(

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

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

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

(5) Subject to an order under

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

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

(6) A record must not be detained under this

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

(

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

(

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

Reprimand or remedial action by consent

(1) In relation to a matter investigated under

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

(

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

(

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

(

c) consent to a reprimand;

(

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

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

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

summary of the consent or undertaking.

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

Consent orders

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

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

(2) A consent order is made if

(

a) the person who is the subject of an investigation under

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

(

b) an agreement is reached under

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

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

(3) A consent order made under subsection (2) (

a) must contain

(

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

(

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

(

c) one or more of the actions taken or penalties imposed in

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

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

section 75.

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

section and

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

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

(

a) an investigation under

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

(

b) the discipline committee conducting a hearing under

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

Alternative complaint resolution

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

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

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

section 73 (2) (

b) on the terms set out in the agreement.

(3) No further action may be taken under this

section and

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

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

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

(

a) an investigation under

section 66 in respect of the matter must proceed, and

(

b) the discipline committee conducting a hearing under

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

Discipline hearings

(1) The council of a regulatory body may, subject to

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

(

a) advise the council on matters falling within the scope of this Division, and

(

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

(2) This

section applies to the hearing of a citation.

(3) A hearing must be conducted in accordance with

section 77 [discipline committee to conduct hearings] .

(4) The discipline committee must

(

a) make determinations and take action according to this section,

(

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

(

c) record in writing an order for costs.

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

(

a) dismiss the citation;

(

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

(

i) professional misconduct;

(ii) conduct unbecoming a registrant;

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

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

(

a) reprimand the respondent;

(

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

(

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

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

(

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

(

d) suspend the respondent's membership in the regulatory body

(

i) for a specified period of time,

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

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

(

e) cancel the respondent's membership in the regulatory body;

(

f) require the respondent to

(

i) complete a remedial program to the satisfaction of the council or the audit and practice review committee, or

(ii) appear before a board of examiners appointed by the council or the audit and practice review committee and satisfy the board that the respondent is competent to practise the registrant's regulated practice.

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

(

a) require that the trainee undertake further training;

(

b) reprimand the trainee;

(

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

(

d) cancel the enrolment of the trainee.

(8) After a hearing, the registrar of the regulatory body must promptly

(

a) notify the superintendent about the disposition of the hearing,

(

b) update the online register maintained under

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

(

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

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

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

(

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

(

b) may make bylaws in respect of the publication.

Conduct in another jurisdiction

(1) In this section:

"conduct of concern" means, as applicable,

(

a) professional misconduct,

(

b) conduct unbecoming a registrant, or

(

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

"different governing body" means

(

a) a regulatory body other than the applicable regulatory body, or

(

b) a professional association that regulates a profession in British Columbia, another province or a foreign jurisdiction.

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

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

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

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

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

(3) The discipline committee may take action under subsection (2)

(

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

Part 4 [Registrants] , and

(

b) only after giving the registrant

(

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

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

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

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

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

section 75 (4).

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

Discipline committee to conduct hearings

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

section 75 in accordance with the bylaws.

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

(3) The council of the regulatory body may make bylaws

(

a) for the appointment and composition of panels,

(

b) for the practice and procedure for hearings, and

(

c) providing for oral or written hearings.

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

section 75 to do either or both of the following:

(

a) give evidence on oath or by affirmation;

(

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

Failure to attend

(1) This

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

section 75.

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

Right to counsel

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

section 75.

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

section 75.

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

Witnesses

(1) For the purposes of a discipline hearing under

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

(a)

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

(

b) section 48 [maintenance of order at hearings] ;

(

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

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

section 75 of this Act.

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

(

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

(

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

Costs

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

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

(

a) an investigation;

(

b) the hearing under

section 75.

(2) Costs assessed under subsection (1)

(

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

(

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

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

(

a) the factors to be considered in assessing costs;

(

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

(

c) the time allowed for payment of costs;

(

d) the extension of time for payment of costs.

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

Division 4 – Other Matters

Information to be publicly available

(1) The council of each regulatory body must, in accordance with this

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

(

a) discipline hearings;

(

b) consent orders;

(

c) any other matter prescribed by regulation.

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

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

(

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

(

b) the fact that a citation is issued;

(

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

(4) The Lieutenant Governor in Council may make regulations in respect of

(

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

(

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

If registration of firm as registrant

suspended or cancelled

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

(

a) section 67 [extraordinary action to protect public] ;

(

b) section 75 [discipline hearings] .

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

(3) An order by the Lieutenant Governor in Council under this

section

(

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

(

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

Part 7 – Applicable Regulatory Bodies

Division 1 – Regulatory Bodies Continued Under This Act

Regulatory bodies continued

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

(

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

(

b) its council is continued as a council under this Act,

(

c) each individual who is a councillor of the council continued under paragraph (

b) is continued as a councillor under this Act,

(

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

(

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

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

(

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

(

b) its council is continued as a council under this Act,

(

c) each individual who is a council member of the council continued under paragraph (

b) is continued as a councillor under this Act,

(

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

(

e) its registered members continue as registrants under this Act.

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

(

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

(

b) its council is continued as a council under this Act,

(

c) each individual who is a councillor of the council continued under paragraph (

b) is continued as a councillor under this Act,

(

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

(

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

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

(

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

(

b) its council is continued as a council under this Act,

(

c) each individual who is a councillor of the council continued under paragraph (

b) is continued as a councillor under this Act,

(

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

(

e) its registered members continue as registrants under this Act.

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

(

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

(

b) its council is continued as a council under this Act,

(

c) each individual who is a councillor of the council continued under paragraph (

b) is continued as a councillor under this Act,

(

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

(

e) its registered members continue as registrants under this Act.

(6) Each individual who is a councillor of a council continued under this

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

(

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

(

b) the resignation or disqualification of the councillor;

(

c) the expiry of the term that applies to the councillor under

section 24 [term limits] of this Act;

(

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

Division 2 – Designating Regulatory Bodies

Application by professional

association for designation

(1) A professional association seeking designation of its profession under this Act must apply to the superintendent.

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

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

(

a) refuse the application without investigation, or

(

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

Investigation regarding possible designation

(1) The superintendent may, in the absence of an application under

section 85 (1), investigate a profession to determine whether it should be designated under this Act.

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

section 85 (3) (

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

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

(

a) require the professional association to provide further information;

(

b) examine the directors and officers of the professional association;

(

c) seek the advice of other associations, organizations or persons;

(

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

(

e) evaluate the degree of risk to the health or safety of the public from incompetent, unethical or impaired practice of the profession;

(

f) evaluate the degree of supervision that may be necessary or desirable for a person practising the profession;

(

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

(

h) determine what educational programs exist in British Columbia or elsewhere for the proper education and training of persons with respect to the practice of the profession and evaluate the content of those programs;

(

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

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

(

a) attend the hearing,

(

b) give evidence, and

(

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

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

(6) Subject to the regulations, the superintendent may charge to a professional association part of the costs, including the administrative costs, incurred by the superintendent to conduct an investigation regarding the professional association's application under

section 85 (1).

Designations

(1) If the superintendent receives an application under

section 85 (1) or carries out an investigation under

section 86 (1), the superintendent must determine whether it would be in the public interest to designate a profession under this Act, having regard to the information obtained during any investigation and in accordance with the prescribed criteria, if any.

(2) The superintendent must communicate the result of the investigation to the minister, who may determine whether the designation will be recommended to the Lieutenant Governor in Council and will provide the applicant with reasons for the recommendation to proceed with the application for the designation or for the refusal of the application.

Regulations in respect of applications

for designation

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

(

a) fees, or rates or levels of fees, to be submitted