role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 64, Registered Professional Planners Act, 2018

McMeekin, Ted

Please select

View bill

Status

Debates

Acts affected

Original

[41] Bill 64 Original (PDF)

EXPLANATORY

NOTE

The

Bill repeals the Ontario Professional Planners Institute

Act, 1994 and enacts the Registered Professional

Planners Act, 2018 .

The

new Act continues the Ontario Professional Planners Institute (hereinafter

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

its members.

Definitions and

Interpretation (sections 1

and 2): The Act sets out

definitions and states that it does not affect or

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

practise in the field of professional planning.

The Institute (sections 3 to 7): The

objects of the Institute are specified. The Institute is composed of its

members.

The Council (sections 8 to 16): A

Council of the Institute is provided to manage and administer the Institute's

affairs. The Council's members include individuals appointed by the Lieutenant

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

out.

Membership (sections 17 to 23):

The Act provides a framework for membership in the Institute. It also

establishes a limited continuing jurisdiction over former members respecting

disciplinary matters.

Prohibitions (sections 24 to 28):

The Act creates prohibitions and offences respecting the use of specified

designations and initials by unauthorized persons. A limitation period of two

years applies in respect of the offences.

Complaints and Discipline (sections

29 to 39): The Act sets out procedures for dealing with complaints against the

Institute's members and establishes a disciplinary process, including rights to

appeal disciplinary orders.

Capacity (sections 40 to 43):

The Act establishes procedures for determining whether a member of the

Institute is incapacitated, including a committee process with a right of

appeal.

Investigation Powers (sections

44 to 47): The Act provides for the appointment of investigators to conduct

investigations under the Act and sets out their powers.

Miscellaneous (sections 48 to 54):

The duties of the Registrar with respect to a register are set out. In

addition, duties of confidentiality, the admissibility of specified documents

and protection from liability are provided for.

By-laws (section 55): The

Council's by-law making powers are set out.

Transitional Issues (sections

56 to 59): The Act addresses various transitional issues.

Consequential Amendments and Repeal (sections

60 to 63): The Act repeals the Ontario Professional Planners

Institute Act, 1994 and makes other consequential amendments.

Bill 64 2018

Act respecting the regulation of Registered Professional Planners

Contents

Definitions and

Interpretation

Definitions

Interpretation

- rights not affected

The Institute

Institute

continued

Objects

Annual

meetings

Surplus

Benevolent

or charitable fund

The Council

Council

Vacancy

Quorum

Officers

Committees

Vacancies

in committees

Member

ceasing to be on committee during hearing

Incapacity

of member during hearing

Delegation

of powers and duties

Membership

Membership

Register

Restrictions,

conditions

Designations

and initials

Refusal,

restrictions or conditions

Suspension,

revocation of membership

Continuing

jurisdiction

Prohibitions

Prohibitions

Offence

and penalty

Costs

Limitation

Compliance

order

Complaints and Discipline

Complaints

committee

Alternative

dispute resolution process

Decision

of complaints committee

Review

of complaints committee decision

Discipline

committee

Preliminary

suspension, restrictions

Appeal

committee

Costs

Power

of Council to rescind or alter orders

Application

to former members

Publication

of decision summaries

Capacity

Interpretation

- "incapacitated"

Investigation

Application

Appeal

Investigation Powers

Investigators

Proof

of appointment

Powers

obstruction

Miscellaneous

Register

Registrar's

certificate as evidence

Duty

of confidentiality

Disclosure

to public authority

Non-compellability

Documents

not admissible

Protection

from liability

By-laws

By-laws

Transitional Issues

Definitions

Members

Council

members

By-laws

Consequential Amendments and Repeal

Amendment

Repeal

Fair

Access to Regulated Professions and Compulsory Trades Act, 2006

Ontario

Labour Mobility Act, 2009

Commencement and

Short Title

Commencement

Short

title

Her

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

Province of Ontario, enacts as follows:

Definitions and

Interpretation

Definitions

1 In this Act,

"alternative

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

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

règlement extrajudiciaire des différends")

"appeal

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

d'appel")

"by-laws"

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

administratifs ")

"capacity

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

détermination de la capacité")

"complaints

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

des plaintes")

"Council"

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

"discipline

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

de discipline")

"document"

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

"Institute"

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

"Minister"

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

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

"professional

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

facilities or services, with a view to securing physical, economic and social

efficiency, a sound environment, health and well-being and "professional

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

"register"

means the register established under

section 48; ("tableau")

"Registrar"

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

Interpretation

- rights not affected

2 This Act

does not affect or interfere with the right of any person who is not a member

of the Institute to practise in the field of professional planning.

The Institute

Institute

continued

(1) The

Ontario Professional Planners Institute is continued as a corporation without

and l'Institut des urbanistes de l'Ontario in French.

Composition

(2) The

Institute is composed of its members.

Powers,

etc., of natural person

(3) For

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

rights, powers and privileges of a natural person.

Implied

provisions do not apply

(4) Section

92 (implied provisions for corporations) of the Legislation

Act, 2006 does not apply to the Institute.

Non-application

(5) The

Corporations Information Act does not apply to the

Institute.

Same

(6) The

Corporations Act does not apply to the Institute.

Objects

4 The objects

of the Institute are,

(

a) to

promote and protect the public interest by governing and regulating the

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

by-laws, including,

(

i) establishing,

maintaining, developing and enforcing standards of qualification,

(ii) establishing,

maintaining, developing and enforcing standards of practice,

(iii) establishing,

maintaining, developing and enforcing standards of professional ethics,

(iv) establishing,

maintaining, developing and enforcing standards of knowledge, skill and

proficiency, and

(

v) regulating

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

(

b) to

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

Institute;

(

c) to

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

planning profession;

(

d) to

promote inter-professional collaboration with other professional bodies;

(

e) to

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

(

f) to

participate in the development of public policy issues related to professional

planning; and

(

g) to

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

regulation of its members that the Council considers appropriate.

Annual

meetings

5 The

Institute shall hold an annual meeting of the members of the Institute in

accordance with the by-laws.

Surplus

6 Any surplus

obtained from carrying on the business of the Institute shall be solely devoted

to and applied towards promoting and carrying out its objects in accordance

with this Act and the by-laws and shall not be divided among its members.

Benevolent

or charitable fund

7 The

Institute may establish and administer a benevolent or charitable fund, and for

that purpose may make or receive contributions.

The Council

Council

(1) The

Institute shall have a Council that shall be its governing body and board of

directors and that shall manage and administer the Institute's affairs in

accordance with this Act and the by-laws.

Composition

(2) The

Council shall be composed of,

(

a) at

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

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

accordance with the by-laws; and

(

b) at

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

Governor in Council, each of whom,

(

i) is

not a member of the Institute,

(ii) is

not a public servant employed under

Part III of the Public

Service of Ontario Act, 2006 , and

(iii) has

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

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

of interest.

Deemed

reappointment

(3) An

individual whose appointment under clause (2) (

b) expires is deemed to have

been reappointed until his or her successor takes office.

Council

appointments

(4) Until

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

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

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

the term or terms that the Council specifies.

Same

(5) The

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

earlier of,

(

a) the

day on which the individual's term expires; and

(

b) the

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

clause (2) (b).

Vacancy

(1) If

the seat of an elected member of the Council becomes vacant, the Council shall

fill the vacancy for the remainder of the member's term in accordance with the

by-laws.

Same

(2) For

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

(

a) if

the member dies or resigns;

(

b) if

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

(

c) for

any other reason specified by the by-laws.

Same

(3) If

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

remaining on the Council shall constitute the Council so long as their number

is not fewer than the quorum established by

section 10.

Quorum

10 At any

meeting of the Council, a majority of the members of the Council constitutes a

quorum.

Officers

(1) The

Council shall elect from among its members the officers specified by the

by-laws to be elected.

Same

(2) The

Council shall appoint as officers of the Institute a Registrar and any other

officers specified by the by-laws to be appointed.

Powers

and duties

(3) In

addition to the powers and duties that are set out in this Act and the by-laws,

an officer of the Institute has the powers and duties that are granted or

assigned to him or her by the Council.

Committees

(1) The

Council shall by by-law establish a complaints committee, a discipline

committee, a capacity committee and an appeal committee, and may establish

additional committees as it considers appropriate.

Panels

(2) The

by-laws may authorize a committee to sit in panels for the purposes of

exercising its powers and performing its duties under this Act, and for any

other purpose.

Same

(3) A

decision of a panel of a committee constitutes the decision of the committee.

Vacancies

in committees

13 If one or

more vacancies occur in the membership of a committee of the Council, the

members remaining on the committee constitute the committee so long as their

number is not fewer than the quorum established in the by-laws.

Member

ceasing to be on committee during hearing

14 If, after a

committee commences a hearing into a matter, a member of the committee ceases

to be a member of the committee, the member shall be deemed, for the purposes

of dealing with that matter, to remain a member of the committee until the

final disposition of the matter.

Incapacity

of member during hearing

15 If, after a

committee commences a hearing into a matter, a member of the committee becomes

incapacitated, the remaining members of the committee may continue to hear the

matter and to render a decision with respect to the matter.

Delegation

of powers and duties

Council

may delegate

(1) The

Council may delegate any of its powers or duties under this Act, except the

power to make by-laws, to one or more committees, the Registrar or any other

officer of the Institute, subject to any restrictions or conditions that the

Council may specify.

Registrar

may delegate

(2) The

Registrar may delegate any of his or her powers or duties under this Act to one

or more employees of the Institute identified by the Council for the purpose,

subject to any restrictions or conditions that are specified by the Registrar

or the Council.

Membership

Membership

(1) The

Registrar shall admit as a member of the Institute any individual who meets the

requirements and qualifications for membership that are specified by the

by-laws and who applies for membership in accordance with the by-laws.

Certificate

(2) The

Registrar shall give to every individual admitted as a member of the Institute

a certificate of membership in the form determined by the Council.

Same

(3) Every

member of the Institute who resigns his or her membership or whose membership

is suspended or revoked shall return his or her certificate of membership to

the Institute, unless the Council determines otherwise.

Register

18 For the

purposes of this Act and the by-laws, an individual is not a member of the

Institute unless the register indicates that he or she is a member.

Restrictions,

conditions

19 The right of

a member of the Institute to practise in the field of professional planning is

subject to any restrictions or conditions imposed under this Act.

Designations

and initials

20 Subject to

the by-laws, a member of the Institute has the right to use the designations "professional

planner", "Registered Professional Planner", "urbaniste" and "urbaniste

professionnel certifié", and to use the initials "RPP" and "UPC".

Refusal,

restrictions or conditions

Refusal

of membership

(1) An

applicant who is refused membership in the Institute may appeal the decision to

the person or body appointed by the by-laws to hear the appeal.

Restrictions

or conditions

(2) An

applicant whose membership in the Institute is granted subject to restrictions

or conditions on his or her right to practise in the field of professional

planning may appeal the decision to the person or body appointed by the by-laws

to hear the appeal.

Parties

(3) The

parties to an appeal under subsection (1) or (2) are the Institute and the

applicant or member, as the case may be.

Powers

(4) On

hearing the appeal, the person or body appointed to hear the appeal may confirm

or vary the decision being appealed, or may substitute his, her or its own

decision for that of the Council.

Decision

final

(5) The

decision of the person or body appointed to hear the appeal is final.

Suspension,

revocation of membership

(1) The

Council may, in accordance with the by-laws, suspend or revoke the membership

of a member of the Institute for,

(

a) failure

to pay all or part of any fee, penalty or other amount that is payable to the

Institute;

(

b) failure

to provide information or produce documents or other materials required under

this Act to be provided or produced;

(

c) failure

to make declarations required under this Act to be made; or

(

d) any

other reason that is specified by the by-laws.

Appeal

(2) An

individual whose membership is suspended or revoked under clause (1) (

d) may

appeal the decision to the person or body specified by the by-laws as having

authority to hear the appeal.

Parties

(3) The

parties to an appeal under subsection (2) are the Institute and the individual.

Powers

(4) On

hearing the appeal, the person or body may confirm or vary the decision being

appealed, or may substitute his, her or its own decision for that of the

Council.

Decision

final

(5) The

decision made by the person or body under subsection (4) is final.

Continuing

jurisdiction

Former

member

(1) An

individual who resigns as a member of the Institute or whose membership is revoked

or otherwise terminated remains subject to the continuing jurisdiction of the

Institute in respect of an investigation or disciplinary proceeding arising

from his or her conduct while a member.

Suspended

member

(2) A

member whose membership is suspended remains subject to the continuing

jurisdiction of the Institute for all purposes under this Act.

Prohibitions

Prohibitions

(1) No

person, other than a member of the Institute, shall,

(

a) take

or use the designation "professional planner", "Registered Professional

Planner", "urbaniste" or "urbaniste professionnel certifié", or the initials "RPP"

or "UPC", or any other abbreviation of those designations, alone or in

combination with other words or abbreviations; or

(

b) take

or use any term, title, initials, designation or description, or any

abbreviation thereof, implying that the person is a member of the Institute.

Exceptions

(2) Clauses

(1) (

a) and (

b) do not apply to a person in any of the following circumstances:

1. The

person uses a term, title, initials, designation or description when making

reference to his or her membership in a comparable organization in a

jurisdiction other than Ontario in,

i. a

speech or other presentation given at a professional or academic conference or

other similar forum,

ii. an

application for employment or a private communication respecting the retainer

of the person's services, if the reference is made to indicate the person's

educational background and the person expressly indicates that he or she is not

a member of the Institute and is not governed by the Institute, or

iii. a

proposal submitted in response to a request for proposals, if the reference is

made to demonstrate that the person meets the requirements for the work to

which the request for proposals relates.

2. The

person uses a term, title, initials, designation or description as authorized

by the by-laws.

Same

(3) For

the purposes of subparagraph 1 ii of subsection (2), stating the name of the

jurisdiction from which the qualifications were obtained after the term, title,

initials, designation or description is not sufficient to expressly indicate

that the person is not a member of the Institute and is not governed by the

Institute.

Offence

and penalty

(1) Every person

who contravenes

section 24 is guilty of an offence and on conviction is liable

to a fine of not more than $15,000.

Application

to corporation

(2) If

a corporation is guilty of an offence under subsection (1), every director or

officer of the corporation who authorized, permitted or acquiesced in the

commission of the offence is deemed to be a party to and guilty of the offence

and on conviction is liable to a fine of not more than $15,000.

Probation

orders

(3) On

conviction of a person for an offence under this section, the court may

prescribe as a condition of a probation order any of the following:

1. That

the person pay compensation or make restitution to any person who suffered a

loss as a result of the offence.

2. That

the person shall not contravene

section 24.

Costs

(1) In

addition to the fine, on conviction for an offence under

section 25, a court

may order that the convicted person pay to the Institute some or all of the

costs reasonably incurred by it in prosecuting the offence and in undertaking any

investigation related to the subject matter of the prosecution.

Same

(2) Costs

payable under subsection (1) are deemed to be a fine for the purpose of

enforcing payment.

Limitation

27 No

prosecution for a contravention of

section 24 shall be commenced more than two

years after the time when the subject matter of the prosecution arose.

Compliance

order

28 If it

appears to the Institute that a person does not comply with this Act or the

by-laws, despite the imposition of a penalty in respect of that non-compliance

and in addition to any other rights it may have, the Institute may apply to a

judge of the Superior Court of Justice for an order directing the person to

comply with the provision, and the judge may make the order or any other order

the judge thinks fit.

Complaints and

Discipline

Complaints

committee

(1) Subject to

the by-laws, the complaints committee shall review every complaint regarding

the conduct of a member of the Institute, including complaints made by,

(

a) a

member of the public, including a member of the Institute; or

(

b) the

Registrar.

Same

(2) Subject

to the by-laws, if the complaint contains information suggesting that the

member may be guilty of professional misconduct as defined in the by-laws, the

committee shall investigate the matter.

Alternative

dispute resolution process

(1) The

Registrar may, with the consent of both the complainant and the member, refer

the complainant and the member to an alternative dispute resolution process,

(

a) if

the matter has not yet been referred to the discipline committee under

section

31; and

(

b) if

the complainant is not the Registrar.

Notice

of resolution

(2) If

the complainant and the member reach a resolution of the complaint through

alternative dispute resolution, they shall notify the Registrar.

Ratification

of resolution

(3) The

Registrar shall promptly advise the complaints committee of a resolution after

receiving the notice referred to in subsection (2), and the committee may,

(

a) cease

its investigation of the complaint and adopt the proposed resolution; or

(

b) continue

with its investigation of the complaint.

Decision

of complaints committee

31 Following

the investigation of a complaint by the complaints committee, the committee may

do one or more of the following:

1. Direct

that the matter be referred, in whole or in part, to the discipline committee.

2. Direct

that the matter not be referred to the discipline committee.

3. Require

the person complained against to appear before the complaints committee to be

cautioned.

4. Take

any action that it considers appropriate in the circumstances and that is not

inconsistent with this Act or the by-laws, but not including any action

described in subsection 33 (4).

Review

of complaints committee decision

(1) If

the complaints committee does not direct that a matter be referred, in whole or

in part, to the discipline committee, the complainant may request a review of

the committee's decision by the appeal committee in accordance with the

by-laws.

Powers

(2) Following

a review under subsection (1), the appeal committee may,

(

a) in

the circumstances set out in the by-laws, refer the matter back to the

complaints committee; or

(

b) direct

that no further action be taken.

Decision

final

(3) The

decision of the appeal committee under subsection (2) is final.

Same

(4) If

the appeal committee refers a matter back to the complaints committee for

reconsideration, the decision of the complaints committee in respect of the

matter is final.

Discipline

committee

(1) The

discipline committee shall hear every matter referred to it by the complaints

committee.

Parties

(2) The

parties to a hearing under subsection (1) are the Institute and the member of

the Institute who is the subject of the complaint.

Professional

misconduct

(3) The

discipline committee may find a member guilty of professional misconduct if in

the committee's opinion the member is guilty of professional misconduct as

defined in the by-laws.

Powers,

professional misconduct

(4) If

the discipline committee finds a member guilty of professional misconduct, it

may by order do one or more of the following:

1. Revoke

the member's membership.

2. Suspend

the member's membership for a period not to exceed 24 months.

3. Despite

section 20, direct that a member whose membership is suspended refrain from

using any term, title, initials, designation or description implying that the

member is a member of the Institute or is authorized to use the term, title,

initials, designation or description during the period of suspension.

4. Determine

the timing and manner of the return of a certificate of membership to the

Institute by an individual whose membership is suspended or revoked.

5. Impose

restrictions or conditions on the right of the member to practise in the field

of professional planning.

6. Issue

a reprimand and, if the committee considers it appropriate, direct that the

reprimand be recorded in the register.

7. Direct

the member to take any specified rehabilitative measure, including requiring

the member to successfully complete specified professional development courses

or to seek specified counselling or treatment.

8. Direct

the member to pay a fine and specify the timing and manner of payment.

9. Direct

that the imposition of a measure under this subsection be postponed for a

specified period or on specified terms, including the successful completion of

specified courses of study.

10. Direct

that a failure to comply with the committee's order shall result in the

revocation of the member's membership.

11. Make

any other order that the committee considers appropriate in the circumstances.

Effect

(5) Unless

the discipline committee orders otherwise, a final decision or order of the

committee under this

section takes effect on the day on which the time to

appeal under subsection 35 (1) expires, if no notice of appeal is filed with

the appeal committee in accordance with that subsection.

Combining

proceedings

(6) If

two or more proceedings before the discipline committee involve the same member

or the same or similar questions of fact, law or policy, the committee may,

without the consent of the parties, combine the proceedings or any part of them

or hear the proceedings at the same time.

Preliminary

suspension, restrictions

34 At any time

after a matter respecting a complaint against a member is referred to it by the

complaints committee and before making a final decision or order under

section 33,

the discipline committee may order that the member's membership be suspended,

or be subject to any restrictions or conditions that the committee may specify,

pending the outcome of the hearing, if there are reasonable grounds to believe

that to do otherwise may result in harm to any member of the public.

Appeal

committee

(1) A

party to a proceeding before the discipline committee may appeal a final

decision or order of the committee under

section 33 or an order under

section 34

to the appeal committee by filing a notice of appeal within the time and in the

manner set out in the by-laws.

Jurisdiction,

powers

(2) The

appeal committee may determine any question of law or mixed fact and law that

arises in an appeal under subsection (1) and may do one or more of the

following:

1. Make

any decision or order that could have been made by the discipline committee.

2. Order

a new hearing before the discipline committee.

3. Dismiss

the appeal.

Effect

(3) A

decision or order of the appeal committee under paragraph 1 of subsection

(2) takes effect on the day it is made, unless the committee orders otherwise.

Decision,

order final

(4) A

decision or order of the appeal committee under subsection (2) is final.

Costs

(1) The

discipline committee may award the costs of a proceeding before it under

section

33 against the member who is the subject of the proceeding, in accordance with

its procedural rules.

Same

(2) The

appeal committee may award the costs of a proceeding before it under

section 35

against the member who is the subject of the proceeding, in accordance with its

procedural rules.

Inclusion

of Institute's costs

(3) The

costs ordered under subsection (1) or (2) may include costs incurred by the

Institute arising from the investigation, prosecution, hearing and, if

applicable, appeal of the matter that is the subject of the proceeding and any

other costs specified by the by-laws.

Application

(4) This

section applies despite

section 17.1 of the Statutory

Powers Procedure Act .

Power

of Council to rescind or alter orders

(1) At

any time after an order of the discipline committee under

section 33 or of the

appeal committee under paragraph 1 of subsection 35 (2) to suspend or revoke a

member's membership has become effective, the Council may by special resolution

rescind or alter the order.

Notice

(2) The

Council shall give notice of a special resolution under subsection (1), with

reasons, to the members of the Institute.

Application

to former members

38 Sections 29

to 37 apply with necessary modifications in respect of an individual who

resigns as a member of the Institute or whose membership is revoked or

otherwise terminated.

Publication

of decision summaries

(1) The

Council,

(

a) shall

publish a

summary of every decision of the discipline committee in an annual

report; and

(

b) may

publish a

summary of every decision of the discipline committee in any other

publication produced by the Institute.

Publication

of member's name

(2) In

publishing a decision under subsection (1), the Council shall not publish the

name of the member who was the subject of the proceeding unless the member has

been found guilty of professional misconduct or unless the member requests the

publication of his or her name.

Capacity

Interpretation

- "incapacitated"

40 A member of

the Institute is incapacitated for the purposes of sections 41 to 43 if, by

reason of physical or mental illness, condition or disorder, other infirmity or

addiction to or excessive use of alcohol or drugs,

(

a) the

member is unfit to continue to carry out his or her professional

responsibilities; or

(

b) restrictions

or conditions on the member's right to practise in the field of professional

planning should be imposed.

Investigation

41 If the

Institute receives information suggesting that a member is incapacitated, the

Registrar may investigate the matter.

Application

(1) Following

an investigation under

section 41, the Registrar may apply to the capacity

committee for a determination of whether the member is incapacitated.

Parties

(2) The

parties to an application under subsection (1) are the Institute and the

member.

Medical

or psychological examination

(3) If

the capacity committee determines that it is necessary to obtain the opinion of

a physician or psychologist in order to determine whether a member is

incapacitated, the committee may, on its own or on motion, order the member to

undergo a medical or psychological examination.

Examining

physician, psychologist

(4) The

examining physician or psychologist shall be specified by the capacity committee

after giving the parties an opportunity to make recommendations.

Failure

to comply

(5) If

the member fails to comply with an order under subsection (3), the capacity

committee may make an order suspending his or her membership until he or she

complies.

Assessment

(6) Following

the examination of a member, the physician or psychologist shall provide to the

capacity committee,

(

a) an

assessment of whether the member is incapacitated;

(

b) an

assessment of the extent of any incapacity; and

(

c) any

further information respecting the medical or psychological issues in the case.

Admissibility

(7) Information

provided by a member to a physician or psychologist during a medical or

psychological examination is not admissible in evidence except in the application,

including any appeal, and in any proceeding in court arising from or relating

to the application.

Powers

(8) If

the capacity committee determines that the member is incapacitated, the

committee may by order do one or more of the following:

1. Suspend

the member's membership.

2. Impose

restrictions or conditions on the member's right to practise in the field of

professional planning.

3. Make

any other order, other than revoking the member's membership, that the

committee considers necessary to protect the public interest.

Appeal

(1) A

party to the application may appeal a decision or order under

section 42, or a

refusal to make an order under that section, to the appeal committee by filing

a notice of appeal within the time and in the manner set out in the by-laws.

Jurisdiction,

powers

(2) The

appeal committee may determine any question of law or mixed fact and law that

arises in an appeal under subsection (1) and may do one or more of the

following:

1. Make

any decision or order that could have been made by the capacity committee.

2. Refer

the matter back to the capacity committee.

3. Dismiss

the appeal.

Decision,

order final

(3) A

decision or order of the appeal committee under subsection (2) is final.

Investigation Powers

Investigators

(1) The

complaints committee or the Registrar may appoint investigators for the

purposes of

section 29.

Same

(2) The

Registrar may appoint investigators for the purposes of

section 41.

Proof

of appointment

45 Every

investigator who exercises powers under this Act shall, on request, produce

written proof of his or her appointment under

section 44.

Powers

46 In

conducting an investigation under this Act, an investigator may,

(

a) at

any reasonable time, enter and inspect the business premises of the individual

under investigation, other than any part of the premises used as a dwelling,

without the consent of the owner or occupier and without a warrant;

(

b) question

and require the individual or anyone who works with the individual to provide

information that the investigator believes is relevant to the investigation;

(

c) require

the production of and examine any document or thing that the investigator

believes is relevant to the investigation, including a client file;

(

d) on

giving a receipt for it, remove any document or thing that the investigator

believes is relevant to the investigation for the purposes of making copies or

extracts of any document or information, but the making of the copies or

extracts shall be carried out with reasonable dispatch, taking into account the

scope and complexity of the work involved in making the copies or extracts, and

the document or thing shall afterwards be returned promptly to the person from

whom it was taken; and

(

e) use

any data storage, processing or retrieval device or system used in carrying on

business on the premises in order to produce a document in readable form.

obstruction

(1) No

person shall obstruct an investigator executing his or her duties or withhold

from him or her or conceal, alter or destroy any document or thing relevant to

the investigation.

Offence

and penalty

(2) Every

person who contravenes subsection (1) is guilty of an offence and on conviction

is liable to a fine of not more than $25,000.

Application

to corporation

(3) If

a corporation is guilty of an offence under subsection (2), every director or

officer of the corporation who authorized, permitted or acquiesced in the

commission of the offence is deemed to be a party to and guilty of the offence

and on conviction is liable to a fine of not more than $25,000.

Miscellaneous

Register

(1) The

Registrar shall establish and maintain a register of the members of the

Institute, and the register shall contain the information required by the

by-laws to be included.

Publication

on website

(2) The

Council shall publish an online version of the register on its website.

Registrar's

certificate as evidence

49 Any

statement containing information from the register purporting to be certified

by the Registrar is admissible in evidence as proof, in the absence of evidence

to the contrary, of the information in the statement, without proof of the

Registrar's appointment or signature.

Duty

of confidentiality

(1) Every

person employed, retained or appointed for the purposes of the administration

of this Act and the by-laws, and every member of a Council or committee of the

Institute shall keep confidential all information that comes to his or her

knowledge or possession in the course of his or her duties under this Act, and

shall not communicate any such information to any other person except,

(

a) to

his or her counsel;

(

b) with

the consent of the person to whom the information relates;

(

c) to

the extent that the information is available to the public;

(

d) as

may be required in connection with the administration of this Act and the

by-laws or with any proceeding under this Act or the by-laws; or

(

e) as

may otherwise be required by law.

Offence

and penalty

(2) Every

person who contravenes subsection (1) is guilty of an offence and on conviction

is liable to a fine of not more than $25,000.

Costs

(3) In

addition to the fine, on conviction for an offence under this section, a court

may order that the convicted person pay to the Institute some or all of the

costs reasonably incurred by it in prosecuting the offence and in undertaking

any investigation related to the subject matter of the prosecution.

Same

(4) Costs

payable under subsection (3) are deemed to be a fine for the purpose of

enforcing payment.

Limitation

(5) No

prosecution for a contravention of subsection (1) shall be commenced more than

two years after the time when the subject matter of the prosecution arose.

Disclosure

to public authority

(1) The

Institute may apply to the Superior Court of Justice for an order authorizing

the disclosure to a public authority of any information that a person to whom

subsection 50 (1) applies would otherwise be prohibited from disclosing under

that subsection.

Restrictions

(2) The

court shall not make an order under this

section if the information sought to

be disclosed came to the knowledge of the Institute as a result of,

(

a) the

making of an oral or written statement by a person in the course of an

investigation or proceeding that may tend to criminate the person or establish

the person's liability to civil proceedings, unless the statement was made at a

hearing held under this Act;

(

b) the

making of an oral or written statement disclosing matters that the court

determines to be subject to solicitor-client privilege; or

(

c) the

examination of a document that the court determines to be subject to

solicitor-client privilege.

Documents

and other things

(3) An

order under this

section that authorizes the disclosure of information may also

authorize the delivery of documents or other things that are in the Institute's

possession and that relate to the information.

Non-compellability

52 No member or

appointee of the Council or of a committee of the Institute shall be compelled

to give testimony in any civil proceeding, other than a proceeding under this

Act or a judicial review relating to a proceeding under this Act, with regard

to matters that come to his or her knowledge in respect of the work of the

Council or a committee of the Institute.

Documents

not admissible

53 No record of

a proceeding under this Act and no report, document or thing prepared for or

statement given at such a proceeding and no decision or order made in such a

proceeding is admissible in any civil proceeding, other than a proceeding under

this Act or a judicial review relating to a proceeding under this Act.

Protection

from liability

54 No action or

other proceeding shall be instituted against the Institute, the Council or any

committee, any member or former member of the Council or of a committee, or any

officer, employee, agent or appointee of the Institute or of the Council for

any act done in good faith in the exercise or performance or the intended

exercise or performance of any power or duty under this Act or for any neglect

or default in the exercise or performance in good faith of such power or duty.

By-laws

By-laws

(1) The

Council may make by-laws necessary or desirable to conduct the business and

carry out the objects of the Institute.

Same

(2) Without

limiting the generality of subsection (1), the Council may make by-laws with

respect to the following matters:

1. Governing

the admission of individuals to membership in the Institute, including

specifying the requirements and qualifications for each class of members and

governing applications for each class of members.

2. Governing

members of the Institute, including,

i. establishing

standards of practice,

ii. governing

the imposition of restrictions and conditions on a member's right to practise

in the field of professional planning,

iii. establishing

classes of members,

iv. governing

the rights, privileges, restrictions and conditions of any class of members,

v. governing

the granting, renewal, suspension and revocation of memberships,

vi. respecting

the ways in which members may advertise their services to the public,

vii. prescribing

operating requirements for members, including record-keeping requirements,

viii. respecting

mandatory reporting of acts prohibited under this Act to the Registrar, and

ix. specifying

information that members are required to provide to the Registrar for the

purposes of this Act.

3. Governing

the calling, holding and conducting of Council meetings and respecting the

duties of Council members.

4. Governing

the calling, holding and conducting of meetings of the members of the

Institute, including specifying and limiting the matters that may be considered

at an annual meeting.

5. Governing

the use of terms, titles, initials, designations and descriptions by members of

the Institute, and by individuals for the purposes of paragraph 2 of subsection

24 (2), including specifying the requirements and qualifications to use the

designations, initials, terms, titles or descriptions.

6. Governing

the nomination and election of members of the Institute to the Council,

including fixing the number of elected members, setting out the qualifications

that a member must meet in order to be elected to and serve on the Council,

setting out terms of office, setting out the requirements for members to be

able to vote, establishing electoral districts, and providing for election

recounts.

7. Governing

the election and appointment of officers of the Institute and setting out their

powers and duties.

8. Establishing

the committees required by this Act and any additional committees, governing the

names, composition, powers, duties and quorums of the committees, governing the

appointment of individuals to the committees, and authorizing and governing the

composition, practices and procedures of, and quorum for, panels of committees.

9. Delegating

any of the Council's powers or duties under this Act to one or more committees

or to the Registrar or any other officer of the Institute, and specifying

restrictions or conditions on the delegation.

10. Governing

the resignation of members of the Institute.

11. Governing

the reinstatement or readmission of individuals who have resigned or whose

membership is suspended or revoked.

12. Governing

the conduct of members of the Institute, including,

i. establishing

a code of ethics,

ii. providing

for rules of professional conduct, and

iii. governing

complaints and discipline, including defining professional misconduct for the

purposes of this Act and the by-laws, specifying requirements for the making of

complaints, specifying circumstances under which a complaint may not be

reviewed or investigated, and specifying orders that may be made for the

purposes of paragraph 11 of subsection 33 (4).

13. Governing

investigations under this Act.

14. Governing

the accreditation of preparatory and qualifying programs respecting

professional planning by the Institute.

15. Governing

continuing education and professional development, including providing for the

development or approval of continuing education and professional development

programs for members of the Institute and requiring members to successfully

complete or participate in such programs, and governing the provision of

professional development and related services to members and to non-members.

16. Authorizing

the Institute to make arrangements for the indemnity of members of the

Institute against professional liability and providing levies to be paid by

members.

17. Requiring

members of the Institute to have professional liability insurance that

satisfies the requirements specified in the by-laws or to belong to a specified

organization that provides protection against professional liability and

requiring members to give proof of the insurance or membership to the Institute

in the manner set out in the by-laws.

18. Establishing

and governing the payment of fees, fines and other amounts that must be paid to

the Institute, including the payment of penalties for late payment of any fee,

fine or other amount, and exempting any class of person from all or part of any

fee, fine or amount.

19. Respecting

matters of procedure for any meeting, process or proceeding under this Act,

including,

i. providing

for procedural rules for proceedings before committees under this Act,

ii. governing

the procedures for making, amending and revoking by-laws,

iii. prescribing

the ways in which and the time within which notice must be given of meetings

held under this Act, and

iv. prescribing

and governing how information and documents are to be given or served under

this Act, such as prescribing rules governing deemed receipt of documents.

20. Prescribing

forms and providing for their use.

21. Respecting

the designation of life or honorary members of the Institute and prescribing

their rights and privileges.

22. Governing

the organization of members into local groups for purposes including holding

local meetings and organizing activities for members.

23. Providing

for the training and recognition of members as specialists, including,

i. specifying

the requirements and qualifications for recognition of specialist status,

ii. respecting

the applications for recognition of specialist status, and

iii. respecting

the renewal, expiration, suspension and revocation of the recognition of

specialist status.

24. Providing

for the affiliation of the Institute with a university, college, school,

corporation or other entity that supports the Institute's objects.

25. Respecting

membership of the Institute in a national organization of bodies with similar

functions, the payment of annual assessments and representation at meetings.

26. Governing

the participation of the Institute in the establishment and maintenance of

foundations or other entities whose work supports the Institute's objects,

including providing for the payment of funds by the Institute to such a

foundation or other entity.

27. Providing

for the making of grants or donations by the Institute to any individual or

entity for any purpose that may tend to advance knowledge and education in

professional planning, improve standards of practice in the field of professional

planning or support or encourage public information about and interest in the

past and present roles of professional planners in society.

28. Governing

the retention and destruction of information and documents in the possession of

the Institute or any officer of the Institute, the Council or any committee.

29. Governing

the register that the Registrar is required to establish and maintain,

including prescribing the information that must be kept in the register,

authorizing the removal of information from the register and requiring members

of the Institute to provide the Institute with information necessary for

establishing and maintaining the register and for establishing and maintaining

records necessary for the proper functioning of the Institute.

30. Authorizing

the Registrar to conduct quality assurance programs in relation to the

administration of this Act or the by-laws and to use the information collected

under this Act for the purpose of those programs.

31. Respecting

the Institute's newsletters or other publications.

32. Prescribing

a code of conduct for Council members and committee members, including conflict

of interest rules for Council members and committee members.

33. Respecting

the remuneration and expenses of Council members and committee members.

34. Governing

the acquisition, management and disposition of the Institute's real and

personal property.

35. Providing

for the receipt, management and investment of contributions, donations and

bequests from members of the Institute and others for benevolent and charitable

purposes, including the establishment and administration of a fund or funds

related thereto and the making of contributions.

36. Providing

for the audit of the accounts and transactions of the Institute.

37. Respecting

other administrative matters of the Institute, including use of the corporate

seal, execution of documents, banking arrangements and the selection of

auditors.

38. Exempting

any member or class of members of the Institute from a by-law made under this

section.

39. Respecting

indemnification by the Institute of Council members, committee members, and

officers and employees of the Institute.

40. Respecting

any matter that this Act refers to as a matter that the by-laws may specify,

set out, determine or otherwise deal with.

41. Addressing

any transitional issues that arise from the repeal of the Ontario

Professional Planners Institute Act, 1994 .

General

or particular

(3) A

by-law made under this

section may be general or particular in its application.

Same

(4) Without

limiting the generality of subsection (3), a by-law may be limited in its

application to any class of members of the Institute.

Meetings

by telecommunications, etc.

(5) A

by-law made under paragraph 3 or 4 of subsection (2) may provide for the

meetings to be held in any manner that allows all the persons participating to

communicate with each other simultaneously and instantaneously.

Unanimous

by-laws

(6) A

by-law or resolution signed by all the members of the Council is as valid and

effective as if passed at a meeting of the Council called, constituted and held

for the purpose.

When

by-law effective

(7) A

by-law made by the Council shall be posted on the Institute's website and,

unless otherwise provided in the by-law, is effective on and after the day it

is made.

Publicly

available

(8) The

Council shall ensure that every by-law made under this

section is available to

the public for as long as it remains in effect.

Examinations

permitted

(9) A

by-law made under paragraph 1 of subsection (2) may authorize the Registrar to

assess the qualifications or competency of potential members by examinations or

other means.

Transitional Issues

Definitions

56 In sections 57

to 59,

"transition

day" means the day on which this

section comes into force.

Members

(1) Every

individual who is a member of the Institute immediately before the transition

day is deemed on the transition day to become a member of the Institute under

this Act.

Same

(2) For

the purposes of subsection (1), if the member is in a class of members

immediately before the transition day, the member is deemed on the transition

day to become a member of the same class of members and is subject to the same

rights, privileges, restrictions and conditions as were applicable to the

member and the member's class immediately before the transition day.

Council

members

58 Despite

subsection 8 (2), the members of the Council who are in office immediately

before the transition day shall continue in office as members of the Council until

the expiration of the terms for which they were elected or appointed or until

the office otherwise becomes vacant.

By-laws

59 Every by-law

made by the Council under the Ontario Professional

Planners Institute Act, 1994 that is in force immediately before the

transition day is deemed on the transition day to be a by-law of the Institute

under this Act and shall remain in force, to the extent that it does not

conflict with this Act, until it is amended or revoked by by-law under this

Act.

Consequential

Amendments and Repeal

Amendment

60 (1) Subsection

3 (6) of the Act is repealed and the following substituted:

Application

of Not-for-Profit Corporations Act, 2010

(6) The

Not-for-Profit Corporations Act, 2010 does not

apply to the Institute, except as may be prescribed by regulation.

(2) The

Act is amended by adding the following

section immediately before the heading

"By-Laws":

Regulations

54.1 The

Lieutenant Governor in Council may make regulations prescribing provisions of

the Not-for-Profit Corporations Act, 2010 that

apply to the Institute.

Repeal

61 The Ontario Professional Planners Institute Act, 1994 is

repealed.

Fair Access to Regulated Professions and Compulsory Trades

Act, 2006

Section 1 of

Schedule

1 to the Fair Access to Regulated Professions and

Compulsory Trades Act, 2006 is amended by adding the following

paragraph:

15. The

Ontario Professional Planners Institute.

Ontario Labour Mobility Act, 2009

(1) Item

24 of Table 1 of the Ontario Labour Mobility Act, 2009

is repealed.

(2) Table

1 of the Act is amended by adding the following item:

39.1.1

Registered Professional Planners Act, 2018

Ontario

Professional Planners Institute

Commencement and Short

Title

Commencement

64 This Act comes into

force on a day to be named by proclamation of the Lieutenant Governor.

Short

title

65 The

short title of

this Act is the Registered Professional Planners Act, 2018 .

Date Bill stage Activity Committee

April 30, 2018

First Reading

Carried

Debates and Progress

First Reading

April 30, 2018

Committee

Second Reading

Committee

Third Reading

Acts affected - Bill 64

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Fair Access to Regulated Professions Act, 2006

Ontario Labour Mobility Act, 2009

Ontario Professional Planners Institute Act, 1994

Legislative Assembly of Ontario

Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.

Back to top