Bill 40 — First Session, 31St Legislature, 3 Charles Iii the Legislative Assembly of Alberta Bill 40 Professional Governance Act (Legislature 31, Session 1)

L31 S1 12066

Alberta — Bills

2025 Bill 40 First Session, 31st Legislature, 3 Charles III THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 40 PROFESSIONAL GOVERNANCE ACT THE MINISTER OF ADVANCED EDUCATION First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

1 Bill 40 BILL 40 2025 PROFESSIONAL GOVERNANCE ACT ( A s s e n t e d t o , 2 0 2 5 ) Table of Contents

Part 1

Definitions, Purpose and Designation of Professional Governance Officers 1

Definitions 2 Purpose of this Act 3 Designation of professional governance officers

Part 2 Designation of Professional Regulatory Organizations 4 Applications for designation 5 Application process 6 Initial review of application 7 Advice re application 8 Ministerial recommendation regarding applications for designation 9 Approval of application for desig nation as a professional regulatory organization 10 Effect of designation

Part 3 Amalgamation and Changes to Names 11

Definitions 12 Eligibility to apply 13 Application for amalgamation 14 Review of application 15 Minister-initiated amalgamation advice 16 Advice re application

2 17 Ministerial recommendation re amalgamation 18 Approval of amalgamation 19 Effect of amalgamation 20 Change in name of a professional regulatory organization

Part 4 Governance and Accountability Division 1 General Duties, Responsibilities and Prohibitions 21 General duties and responsibilities of a professional regulatory organization 22 Prohibition re professional fees 23 Prohibition re bargaining agents and regulations re advocacy Division 2 Governing Bodies, Committees, Tribunals, Panels, Task Forces and Sub-committees Governing Bodies 24 Establishment of governing bodies 25 General duties and responsibilities of a governing body Committees 26 Committees 27 Committee membership 28 Complaints inquiry committees 29 Powers, duties and functions of committees Tribunals 30 Tribunal roster 31 Discipline tribunal 32 Appeal tribunal Joint Committees and Joint Tribunals 33 Joint committees and joint tribunals Panels, Task Forces and Sub-committees 34 Panels, task forces and sub-committees

3 Division 3 Secretaries, Registrars, Experts and Public Members Secretaries and Registrars 35 Appointment of secretaries and registrars Experts 36 Appointment of experts Public Members 37 Appointment of public members 38 Ineligibility for appointment as public member 39 Remuneration 40 General duties and responsibilities of public members Division 4 Terms, Quorum, Vacancies and Absences Terms 41 Terms and continuing to serve beyond expiry 42 Public member terms and continuing to serve beyond expiry Quorum, Vacancies and Absences 43 Quorum 44 Vacancies and absences Division 5 Undesignated Powers and Delegation Undesignated Powers, Duties and Functions 45 Carrying out professional regulatory organization’s functions Delegation 46 Governing body delegation 47 Individual and committee delegation Division 6 Annual Report and Directory of Officials 48 Annual report 49 Directory of officials

4 Division 7 Code of Ethics and Conduct and Practice Standards and Guidelines 50 Establishment of code of ethics and conduct and practice standards and guidelines

Part 5 Registration Division 1 Categories and Classes of Registrants 51 Categories and classes of registrants Division 2 Registration of Individuals 52 Application for registration 53 Competency requirements 54 Citizenship requirements 55 Consideration of applications 56 Decisions on applications 57 Steps after registration approval 58 Prohibited use of stam p, seal or engraving 59 Compliance with Acts Division 3 Registration of Temporary Registrants 60 Temporary registrants Division 4 Business Registrants and Practice Arrangements 61 Business registrants 62 Practice arrangements Division 5 Non-regulated Members 63 Non-regulated members Division 6 Continuing Registration 64 Continuing registration

5 Division 7 Reinstatement of Registration 65 Reinstatement following a non-disciplinary cancellation 66 Reinstatement following a disciplinary cancellation 67 Cancellation of disciplinary suspension 68 Cancellation on death Division 8 Appeals 69 Appeal to appeal tribunal Division 9 Maintaining the Register and Related Records 70 Maintaining the Register 71 Additional registrant information 72 Access to registrant information 73 Websites Division 10 Duties and Responsibilities 74 Duties and responsibilities of registrants 75 Return of evidence of registration 76 Duties and responsibilities of registrar and registration committee

Part 6 Competence and Continuing Competence 77 Continuing competence programs 78 Confidentiality of information 79 Role of competence committee 80 Referral to complain ts inquiry committee

Part 7 Practice Review 81 Purpose of practice review 82 Practice review committee establishment, powers, duties and responsibilities 83 Practice review powers 84 Practice review report 85 Decision

6 86 Appeal to appeal tribunal

Part 8 Complaints Inquiry Process Division 1 Purpose 87 Purpose Division 2 Complaints, Jurisdiction and Disclosure to Other Regulators 88 Complaints 89 Submitting complaint 90 Withdrawal of complaint 91 Jurisdiction over former registrants 92 Disclosure to other regulators Division 3 CIC Secretary Review 93 Review by CIC secretary 94 No further action taken 95 Notice of complaint 96 Referral of complaint Division 4 Investigation or Referral of Complaints 97 Investigation or referral by complaints inquiry committee 98 Investigator’s power re other conduct 99 Investigation powers and duties 100 Court orders 101 Providing records, information, substances or things 102 Confidentiality of records, information, substances and things 103 Disclosure to other professional regulators Division 5 Complaints Inquiry Committee Review 104 Duty of the complaints inquiry committee 105 Appeal from decision to take no further action 106 Referral of potential criminal conduct

7 Division 6 Discipline Tribunal Proceedings 107 Discipline tribunal hearing 108 Representation before discipline tribunal 109 Notice of hearing and particulars of allegation 110 Amending or withdrawing allegations 111 Evidence and procedure 112 Compellable witnesses 113 Notice to attend and produce records, information, substances or things 114 Commission evidence 115 Communication to discipline tribunal 116 Civil contempt proceedings 117 Proceedings in absence of registrant 118 Discipline tribunal findings 119 Application to discipline tribunal for voluntary resignation, suspension or undertaking 120 Discipline tribunal orders 121 Costs 122 Failure to pay 123 Written decisions and dissents 124 Publication of decisions 125 Hearing records to be retained 126 Failure to comply with sanction agreements, orders and undertakings 127 Charges and convictions for indictable offences 128 Disciplinary proceedings outside Alberta 129 Ability to rehear Division 7 Appeal Rights and Circulating Decisions 130 Appeals to appeal tribunal 131 Stays pending appeal 132 Circulation of decisions Division 8 Bias Prevention 133 Bias prevention

8 Division 9 Alternate Processes 134 Settlement 135 Alternative complaint resolution 136 Confidentiality and admissibility of records 137 Sanction agreements 138 Establishment of panel 139 Decision by panel 140 Criminal offences 141 Application to committee for voluntary resignation Division 10 Additional Suspension Powers 142 Temporary suspension

Part 9 Assessing Incapacity 143 Assessing incapacity 144 Stay of complaint proceedings 145 Appeals 146 Business registrants 147 Security and confidentiality of records

Part 10 Appeals and Court Enforcement of Decisions Division 1 Appeals to Appeal Tribunal 148 Notice of appeal 149 Review of notice of appeal 150 Representation before appeal tribunal 151 Appeal based on record of proceedings 152 Procedural matters 153 Communication to appeal tribunal 154 Appeal tribunal powers 155 Application to appeal tribunal for voluntary resignation, suspension or undertaking 156 Appeal tribunal decisions

9 157 Costs 158 Publication of decisions 159 Appeal records examination and retention 160 Stays pending appeal 161 Ability to rehear 162 Finality of appeal tribunal decisions Division 2 Appeal to the Court of Appeal 163 Appeal to the Court of Appeal 164 Appeal on record 165 Power of Court on appeal Division 3 Court Enforcement of Decisions 166 Court enforcement of decisions

Part 11 Practice Prohibitions, Restricted Titles and Custodial Orders Division 1 Practice Prohibitions 167 General prohibition of practice 168 Practice prohibition while suspended or cancelled 169 Obstruction Division 2 Restricted Titles and Misrepresentation 170 Use of restricted titles 171 Specialists 172 Students 173 Misrepresentations 174 Publication of misrepresentation 175 Advertising 176 Injunction Division 3 Custodial Orders 177 Custodial orders

Part 12 General Matters 178 Confidentiality 179 Public and private proceedings 180 Records, information, substances or things provided in the course of proceedings 181 Duty to report 182 Reporting by registrants 183 Complaints to Ombudsman 184 Evidence of registrar 185 Protection against compulsory testimony 186 Protection from legal proceedings 187 Writing includes electronic means 188 Electronic delivery of notices 189 Records retention 190 Maintenance of records through electronic means 191 Virtual meetings 192 Service of documents 193 Commissioners for oaths 194 Prohibition on municipal licences

Part 13 Oversight Division 1 Inspections, Administrators and Designation Review 195 Inspections 196 Designation review 197 Appointment of administrator 198 Minister’s recommendation re revocation of designation 199 Revocation of designation 200 Judicial review Division 2 Other Ministerial Powers 201 Minister disallowance of bylaws, codes of ethics and conduct or practice standards and guidelines 202 Ministerial oversight 203 Exemptions

11 204 Costs

Part 14 Offences and Penalties 205 Offences and penalties 206 Burden of proof

Part 15 Ministerial Regulations 207 Regulations

Part 16 Bylaw-making Authorities 208 Making of bylaws and coming into force 209 Copies of bylaws 210 Non-application of the Regulations Act 211 Regulations supersede bylaws 212 Consultation with Ministers required 213 Bylaws 214 Bylaws re joint commi ttee and joint tribunals 215 Bylaws re Alberta Land Surveyors’ Association 216 Bylaws re Alberta Veterinary Medical Association

Part 17 Transitional and Related Provisions, Consequential and Related Amendments, Repeals and Coming into Force Division 1 Transitional and Related Provisions 217 Transitional —

definitions and

interpretation 218 Transitional — continuing entities 219 Transitional — regulated profession 220 Transitional — initial governing body 221 Transitional — committees and tribunals 222 Transitional — public members 223 Transitional — regulations 224 Transitional — bylaws 225 Transitional — rules, codes and standards

12 226 Transitional — registrants 227 Transitional — registration applications 228 Transitional — complaints, investigations and discipline proceedings 229 Transitional — appeals 230 Transitional — orders, undertaki ngs, conditions and restrictions 231 Exercise of power prior to commencement 232 Transitional regulations Division 2 Consequential Amendments and Related Amendments 233-254 Consequential and related amendments Division 3 Repeals and Coming into Force 255 Repeals 256 Coming into force HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Part 1

Definitions, Purpose and Designation of Professional Governance Officers

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

section 135 to assist in resolution of a complaint; (b) “appeal tribunal” means an appeal tribunal convened under

section 32; (c) “appeal tribunal roster chair” means an individual appointed under

section 30(2) as appeal tribunal roster

13 chair and includes an appeal tribunal roster vice-chair, if any; (d) “appeal tribunal secretary” means an individual appointed under

section 35(1) as an appeal tribunal secretary; (e) “business entity” means (

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

v) any other entity prescribed in the regulations as a business entity; (f) “business registrant” means a business entity registered under

section 61 or who is deemed to be registered as a business registrant under

section 226; (g) “CIC chair” means the individual designated by a governing body as chair of its complaints inquiry committee under

section 28; (h) “CIC secretary” means an individual appointed as a CIC secretary under

section 35(1); (i) “code of ethics and conduct ” means a code of ethics and conduct made by a governing body under

section 50, a code of ethics and conduct made by the Minister under

section 202, or a rule, code or standard continued as a code of ethics and conduct under

section 225; (j) “committee” means any or all of the following, as the case may be: (

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

14 (

v) a joint committee established by the regulations; (k) “competence” means the co mbined knowledge, skills, proficiency and judgment required by a registrant to provide professional services; (l) “competence committee” means the competence committee, if any, established by a governing body under

section 26(2); (m) “complaints inquiry committee” means the complaints inquiry committee of a professional regulatory organization established under

section 26(1), and includes a joint complaints inquiry committee established by the regulations; (n) “continuing competence pr ogram” means the program established by a governing body under

section 77; (o) “department” means the de partment administered by the Minister; (p) “designation review” means a review by a professional governance officer under

section 196; (q) “discipline tribunal” means a discipline tribunal convened under

section 31; (r) “discipline tribunal roster chair” means an individual appointed under

section 30(2) as discipline tribunal roster chair and includes a discipline tribunal roster vice-chair, if any; (s) “discipline tribunal secr etary” means an individual appointed as a discipline tribunal secretary under

section 35(1); (t) “domestic trade agreement” means a domestic trade agreement as defined in

Schedule 6 to the Government Organization Act; (u) “evidence of registration” includes any document or thing, either physical or electronic, provided by a professional regulatory organization as evidence of registration or continuing registration, and includes evidence of registration continued under

section 226;

15 (v) “exclusive scope of practice” means a scope of practice of a regulated profession in which only registrants of the applicable professional regulatory organization, or a specific category or class of registrant of that professional regulatory organization, are authorized to engage in the provision of services within that scope of practice, unless otherwise provided by the regulations; (w) “former Act” means

an Act repealed under

section 257 or

an Act that previously regulated but no longer regulates a profession; (x) “former registrant” means a person that was but is no longer registered under this Act or a former Act; (y) “good standing” when used in reference to a registrant means that the registrant’s registration is not suspended or cancelled; (z) “governing body” means the governing body of a professional regulatory organization established under

section 24 or continued under

section 220; (aa) “incapacitated” means suff ering from a physical, mental or emotional condition or disorder or an addiction to alcohol or a drug as defined in the Pharmacy and Drug Act or other chemicals that impairs the ability of a registrant to provide professional services in a safe and competent manner; (bb) “individual” means a human being; (cc) “individual registrant” means an individual registered by a professional regulatory organization in the category of individual registrant under

Part 5 or who is deemed to be registered as an individual registrant under

section 226; (dd) “investigator” means a pers on appointed or directed under

Part 8 to conduct an investigation under this Act; (ee) “Minister” means the Mini ster determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (ff) “non-regulated member” means a person enrolled as a member of a professional regulatory organization under a

16 bylaw of that professional regulatory organization but that is not a registrant and includes a person who was a non-regulated member, or who held a similar status, under a former Act, and who is deemed to be a non-regulated member under

section 226; (gg) “Ombudsman” means the Ombudsman appointed under the Ombudsman Act; (hh) “practice arrangement” means an arrangement under which a registrant may provide professional services and includes providing professional services as, in relationship to, or on behalf of (

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

v) a partner, (vi) a shareholder, (vii) a director, (viii) a joint venture, (ix) a practice in association, and (

x) any other arrangement specified as a practice arrangement in the regulations; (ii) “practice in associa tion” means the provision of professional services conducted in cooperation with another individual, where one or more of the following circumstances are present: (

i) joint advertising; (ii) the use of a shared office telephone number or office reception area; (iii) combined client billing for services provided by more than one person;

17 (iv) shared office or work space expenses; (

v) shared administrative functions or expenses; (vi) shared ownership or use of premises, equipment, furnishings or other property; (vii) shared employees; (viii) other circumstances specified in the regulations as constituting practice in association; (jj) “practice review” means a review of the practice of a registrant under

Part 7; (kk) “practice review commi ttee” means the practice review committee, if any, established by a governing body under

section 26(2); (ll) “practice standards an d guidelines” means practice standards and guidelines made by a governing body under

section 50, practice standards and guidelines made by the Minister under

section 202 and rules, codes or standards continued as practice standards and guidelines under

section 225; (mm) “profession” means a pursu it, calling or area of expertise, including an occupation, which is characterized by a generally accepted requirement that persons that engage in it must exhibit integrity and competence; (nn) “professional associati on” means a society under the Societies Act, a company registered under

Part 9 of the Companies Act or any other corporation or group of persons that has members who work in a profession that is not regulated as (

i) a profession under this Act, the Health Professions Act or any other similar enactment, or (ii) a designated trade under the Skilled Trades and Apprenticeship Education Act; (oo) “professional fee” means a fee charged by a registrant for a professional service, and includes a fee charged by or through

18 (

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

section 3; (qq) “professional regulator ” means an organization that regulates a profession but is not subject to this Act, and includes such an organization outside Alberta; (rr) “professional regulatory organization” means an entity designated as a professional regulatory organization under

section 9, a professional regulatory organization established by an amalgamation under

section 18 or an entity continued as a professional regulatory organization under

section 218; (ss) “professional service” mean s a service that comes within the scope of practice of a regulated profession; (tt) “public member” means an individual appointed by the Minister as a public member in accordance with

section 37 and includes a public member appointed to a governing body under a former Act, a complaints or investigation body under a former Act, a discipline body under a former Act or an appeal body under a former Act that continues as a public member under

section 222; (uu) “record of proceedings” means, (

i) with respect to proceedings before a tribunal, (

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

B) the transcript of the proceedings, if a transcript is created, and (ii) with respect to procee dings where a right of appeal exists under this Act, other than proceedings before a tribunal,

19 (

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

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

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

section 70; (xx) “registrant” means a person who is registered by a professional regulatory organization as an individual registrant, a temporary registrant, a business registrant or a registrant in a category established by the regulations, and includes a person who is deemed to be registered under

section 226; (yy) “registrar” means the indivi dual appointed as the registrar of a professional regulatory organization under

section 35(1)(b); (zz) “registration committee” means the registration committee of a professional regulatory organization established under

section 26(1); (aaa) “regulated profession” m eans a profession regulated under this Act; (bbb) “regulatory model” mean s a regulatory model established in regulations under

section 207(1)(d); (ccc) “restricted title” means a title, alone or in combination with any other title, name, description, abbreviation,

20 initials, letter, symbol or other words, that the registrants of a regulated profession are authorized to use under this Act and that other persons are prohibited from using, unless otherwise provided by the regulations; (ddd) “temporary registrant” means an individual registered by a professional regulatory organization under

section 60 or who is deemed to be a temporary registrant under

section 226; (eee) “tribunal” means any or a ll of the following as the context requires: (

i) a discipline tribunal; (ii) an appeal tribunal; (iii) a joint tribunal established by the regulations. Purpose of this Act 2 The purpose of this Act is to protect the public interest by (

a) protecting the integrity of professions regulated by this Act, (

b) ensuring that registrants are competent, (

c) regulating the conduct of registrants, (

d) ensuring that, subject to specified exceptions, (

i) only persons authorized under this Act can use a restricted title, engage in a restricted activity or engage in the provision of services within an exclusive scope of practice, (ii) where there are mandato ry registration requirements, persons who are subject to those requirements register in a professional regulatory organization under this Act, and (iii) where a person is requi red to voluntarily register to use a restricted title or engage in an activity, only persons who have voluntarily registered use the title or engage in the activity,

21 and (

e) ensuring that each professional regulatory organization administers its affairs and regulates its registrants in a manner that protects the public interest. Designation of professional governance officers 3(1) The Minister may designate employees of the public service of Alberta as professional governance officers for the purpose of this Act.

(2) A professional governance officer has the powers and performs the duties and functions prescribed by this Act and the regulations.

Part 2 Designation of Professional Regulatory Organizations Applications for designation 4 A professional association may apply in accordance with

section 5 to become designated as a professional regulatory organization. Application process 5(1) An application for designation as a professional regulatory organization must (

a) be submitted to the Minister, (

b) be in the form established by the Minister, (

c) include the information required by the regulations, (

d) include any fee or other costs to be paid under

section 204, (

e) be submitted in accordance with any process established in the regulations, and (

f) meet any other requirements prescribed in the regulations.

(2) The Minister shall publish the application form, the information required to be included with the application and any fee or other costs to be paid, on the department’s website. Initial review of application 6(1) After an application is received, a professional governance officer may require the professional association to provide, within the time determined by the professional governance officer, any additional information that the professional governance officer requires for the purposes of providing advice to the Minister under

section 7.

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

a) the application does not m eet the requirements of

section 5, or (

b) the professional association that made the application does not provide information as required under subsection (1).

(3) If an application is not rejected under subsection (2), the professional governance officer must consider the application complete and, within a reasonable time, advise the professional association that the application is complete. Advice re application 7(1) If a professional governance officer considers an application complete, the professional governance officer must review the application and (

a) must provide written advice to the Minister on whether it would protect the public interest to designate the professional association as a professional regulatory organization and, if so, on the regulatory model or models that should apply to the professional regulatory organization, and (

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

(2) In reviewing an application and determining whether it would protect the public interest to designate a professional association as

23 a professional regulatory organization, the professional governance officer must consider whether the proposed designation would be consistent with this Act and must consider any other criteria or factors established in the regulations.

(3) In providing advice on the regulatory model or models that should apply to a proposed professional regulatory organization, a professional governance officer must consider the following characteristics and may recommend the use of those or other characteristics to establish a regulatory model for the professional regulatory organization: (

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

b) mandatory registration, in which a person must register with the professional regulatory organization before providing a professional service to the public that is within the scope of the profession of the professional regulatory organization; (

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

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

e) a restricted title, in which only a registrant, a category or class of registrant or a person authorized by the regulations, may use a restricted title.

(4) The professional governance officer may communicate with professional regulatory organizations, professional associations and other persons or take any other steps that the professional governance officer considers necessary in reviewing the application and providing the Minister with advice under this section.

24 Ministerial recommendation regarding applications for designation 8(1) On receipt of the professional governance officer’s advice under

section 7(1), the Minister may (

a) recommend, in writing, that the Lieutenant Governor in Council issue an order designating a professional association as a professional regulatory organization if the Minister believes that doing so would protect the public interest after considering whether the proposed designation would be consistent with this Act and any other criteria or factors established in the regulations, (

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

c) refuse to make a recommendation to the Lieutenant Governor in Council if the Minister is not satisfied that designating the applicant as a professional regulatory organization would protect the public interest after considering whether designation would be consistent with this Act and any other criteria or factors established in the regulations.

(2) After a Minister has been provided with further information under subsection (1)(b), the Minister may (

a) recommend, in writing, that the Lieutenant Governor in Council issue an order designating a professional association as a professional regulatory organization if the Minister believes that doing so would protect the public interest after considering whether the proposed designation would be consistent with this Act and any other criteria or factors established in the regulations, or (

b) refuse to make a recommendation to the Lieutenant Governor in Council if the Minister is not satisfied that designating the applicant as a professional regulatory organization would protect the public interest after considering whether designation would be consistent with this Act and any other criteria or factors established in the regulations.

(3) If the Minister refuses to make a recommendation under subsection (1)(

c) or (2)(b), the Minister shall advise the applicant of the Minister’s decision. Approval of application for designation as a professional regulatory organization 9(1) On the recommendation of the Minister under

section 8(1)(

a) or (2)(a), the Lieutenant Governor in Council may issue an order designating (

a) a professional association as a professional regulatory organization under this Act, and (

b) the name of the professional regulatory organization.

(2) A professional regulatory organization that is designated under subsection (1) is established as a corporation with the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

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

a) prescribing any descriptio n of or abbreviation, initials, letter, symbol or other words that may be used to identify the professional regulatory organization, (

b) establishing one or more regulatory models for the professional regulatory organization, (

c) establishing categories an d classes of registrants for the professional regulatory organization, and (

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

(4) When establishing a regulatory model for a professional regulatory organization, the Minister shall consider the following characteristics and may use those or other characteristics to establish the regulatory model:

26 (

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

b) mandatory registration, in which a person must register with the professional regulatory organization before providing a professional service to the public that is within the scope of the profession of the professional regulatory organization; (

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

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

e) a restricted title, in which only a registrant, a category or class of registrant or a person authorized by the regulations, may use a restricted title.

(5) A professional regulatory organization designated under this

section must (

a) establish the committees and rosters required by this Act and make the appointments required by this Act as soon as practicable after being designated as a professional regulatory organization, and (

b) govern the profession or professions to which it relates in accordance with the regulatory model or models established under this Act in respect of that professional regulatory organization. Effect of designation 10 Subject to the regulations, on the effective date of the designation of a professional association as a professional regulatory organization,

27 (

a) the professional association becomes a professional regulatory organization under this Act with all the powers, duties and functions of a professional regulatory organization under this Act, and the legal entity of the professional association ceases to exist, (

b) the property, assets, rights, privileges and benefits of the former professional association become the property, assets, rights, privileges and benefits of the professional regulatory organization, (

c) the documents, records and other information of the former professional association become the documents, records and other information of the professional regulatory organization, (

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

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

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

g) a civil, criminal or ad ministrative action or proceeding pending by or against a former professional association may be continued by or against the professional regulatory organization, and (

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

Part 3 Amalgamation and Changes to Names

Definitions 11 In this Part, (a) “amalgamated professional regulatory organization” means the professional regulatory organization that results from an amalgamation order under this Part; (b) “amalgamation applicant” me ans a professional regulatory organization or a professional association that has applied to amalgamate under

section 13; (c) “former professional regulatory organization or professional association” means a professional regulatory organization or professional association, if any, amalgamated under this Part. Eligibility to apply 12(1) Two or more professional regulatory organizations may apply to amalgamate in accordance with this Part.

(2) One or more professional regulatory organizations may apply jointly with one or more professional associations to amalgamate in accordance with this Part. Application for amalgamation 13(1) An application to amalgamate must (

a) be submitted to the Minister, (

b) be in the form established by the Minister, (

c) include the information required by the regulations, (

d) include any fee or other costs to be paid under

section 204, (

e) be submitted in accordance with any process established in the regulations, and (

f) meet any other requirements prescribed in the regulations.

(2) The Minister shall publish the application form, the information required to be included with the application and any fee or other costs to be paid on the department’s website. Review of application 14(1) After an application is received under this section, a professional governance officer may require the amalgamation applicants to provide, within the time determined by the professional governance officer, any additional information that the professional governance officer requires for the purposes of providing advice to the Minister under

section 16.

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

a) the application does not m eet the requirements of

section 13, or (

b) the amalgamation applicants do not provide information as required under subsection (1).

(3) If an application is not rejected under subsection (2), the professional governance officer must consider the application complete and, within a reasonable time, advise the amalgamation applicants and the Minister that the application is complete. Minister-initiated amalgamation advice 15(1) Despite not receiving an application under

section 13, the Minister may, on the Minister’s own initiative, seek advice from a professional governance officer on whether it would protect the public interest to amalgamate 2 or more professional regulatory organizations.

(2) If the Minister has requested advice under subsection (1), the Minister shall provide notice to each of the professional regulatory organizations the Minister has sought advice about.

(3) A professional governance officer may require the professional regulatory organizations to provide, within the time determined by the professional governance officer, any information that the professional governance officer requires for the purposes of providing advice to the Minister under

section 16.

30 Advice re application 16(1) If a professional governance officer considers an application complete, or the Minister has asked for advice on whether it would protect the public interest to amalgamate 2 or more professional regulatory organizations, a professional governance officer must review the amalgamation application or the Minister’s request for advice and (

a) must provide written advice to the Minister on whether it would protect the public interest to proceed with the amalgamation and, if so, on the regulatory model or models that should apply to the amalgamated professional regulatory organization, and (

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

(2) In reviewing an application and determining whether it would protect the public interest to proceed with the amalgamation, the professional governance officer must consider whether the amalgamation would be consistent with this Act and must consider any other criteria or factors established in the regulations.

(3) In providing advice on the regulatory model or models that should apply to an amalgamated professional regulatory organization, a professional governance officer must consider the following characteristics and may recommend the use of those or other characteristics to establish a regulatory model for a professional regulatory organization: (

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

b) mandatory registration, in which a person must register with the professional regulatory organization before providing a professional service to the public that is within the scope of the profession of the professional regulatory organization; (

c) restricted activities, in which only a registrant, or a category or class of registrant, is authorized to engage in certain activities in providing professional services to the

31 public that are designated as restricted activities under this Act; (

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

e) a restricted title, in which only a registrant, a category or class of registrant or a person authorized by the regulations, may use a restricted title.

(4) The professional governance officer may communicate with professional regulatory organizations, professional associations and other persons or take any other steps that the professional governance officer considers necessary in reviewing the application or request for advice and providing the Minister with advice under this section. Ministerial recommendation re amalgamation 17(1) On receipt of the professional governance officer’s written advice under

section 16, the Minister may (

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

section 18 if the Minister believes that to do so would protect the public interest after considering whether the proposed amalgamation would be consistent with this Act and any other criteria or factors established in the regulations, (

b) direct that the profession al governance officer undertake a further review and provide further information to the Minister, or (

c) refuse to make a recommendation to the Lieutenant Governor in Council if the Minister is not satisfied that the amalgamation would protect the public interest after considering whether the proposed amalgamation would be consistent with this Act and any other criteria or factors established in the regulations.

(2) After the Minister has been provided with further information under subsection (1)(b), the Minister may

32 (

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

section 18 if the Minister believes that to do so would protect the public interest after considering whether the proposed amalgamation would be consistent with this Act and any other criteria or factors established in the regulations, or (

b) refuse to make a recommendation to the Lieutenant Governor in Council if the Minister is not satisfied that the amalgamation would protect the public interest after considering whether the proposed amalgamation would be consistent with this Act and any other criteria or factors established in the regulations.

(3) If the Minister refuses to make a recommendation under subsection (1)(

c) or (2)(b), the Minister shall advise the amalgamation applicants, if any, or the professional regulatory organizations given notice under

section 15(2) of the Minister’s decision. Approval of amalgamation 18(1) On the recommendation of the Minister under

section 17(1)(

a) or (2)(a), the Lieutenant Governor in Council may issue an order (

a) amalgamating 2 or more professional regulatory organizations or one or more professional regulatory organizations and one or more professional associations into one amalgamated professional regulatory organization, and (

b) designating the name of the amalgamated professional regulatory organization.

(2) A professional regulatory organization that is established under subsection (1) is established as a corporation with the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

(3) If the Lieutenant Governor in Council has amalgamated 2 or more professional regulatory organizations or one or more professional regulatory organizations and one or more professional associations into one professional regulatory organization, the Minister may make regulations

33 (

a) prescribing any descriptio n of or abbreviation, initials, letter, symbol for or other words that may be used to identify the amalgamated professional regulatory organization, (

b) establishing one or more regulatory models for the amalgamated professional regulatory organization, (

c) establishing categories an d classes of registrants for the professional regulatory organization, and (

d) respecting the establishment of the initial governing body, bylaws, registrants and Register of the professional regulatory organization, and any other matters necessary to effectively facilitate the amalgamation, including directions respecting transitional matters.

(4) When establishing a regulatory model for an amalgamated professional regulatory organization, the Minister shall consider the following characteristics and may use those or other characteristics to establish the regulatory model: (

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

b) mandatory registration, in which a person must register with the professional regulatory organization before providing a professional service to the public that is within the scope of the profession of the professional regulatory organization; (

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

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

34 (

e) a restricted title, in which only a registrant, a category or class of registrant or a person authorized by the regulations, may use a restricted title.

(5) Each amalgamated professional regulatory organization must (

a) establish the committees and rosters required by this Act and make the appointments required by this Act as soon as practicable after the amalgamation takes effect, and (

b) govern the profession or professions to which it relates in accordance with the regulatory model or models established under this Act in respect of that professional regulatory organization. Effect of amalgamation 19 Subject to the regulations, on the effective date of an amalgamation, (

a) the professional regulatory organizations or professional associations which were amalgamated become an amalgamated professional regulatory organization under this Act with all the powers, duties and functions of a professional regulatory organization under this Act, and cease to exist as separate legal entities, (

b) the property, assets, rights, privileges and benefits of each of the former professional regulatory organizations or professional associations become the property, assets, rights, privileges and benefits of the amalgamated professional regulatory organization, (

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

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

35 to and for the benefit of the amalgamated professional regulatory organization, (

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

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

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

h) a conviction against, or a ruling, order or judgment in favour of or against, a former professional regulatory organization or professional association may be enforced by or against the amalgamated professional regulatory organization. Change in name of a professional regulatory organization 20 The Lieutenant Governor in Council may, by order, change the name of a professional regulatory organization designated, established or continued under this Act.

Part 4 Governance and Accountability Division 1 General Duties, Responsibilities and Prohibitions General duties and responsibilities of a professional regulatory organization 21(1) A professional regulatory organization must

36 (

a) establish competence and other requirements for the registration of registrants, (

b) make, maintain and enforce a code of ethics and conduct and practice standards and guidelines for registrants, (

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

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

e) safeguard against the unlawful use of any restricted title, the unlawful practice of any restricted activity or the unlawful provision of services within an exclusive scope of practice, (

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

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

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

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

i) exercise its powers, discha rge its duties and carry out its functions in a manner that protects the public interest, (

j) comply with

37 (

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

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

(2) A professional regulatory organization must cooperate with the Minister and a professional governance officer in the exercise of the Minister’s or the professional governance officer’s powers, duties and functions under this Act. Prohibition re professional fees 22 No professional regulatory organization, governing body, committee, tribunal or other body created under the authority of this Act may set or negotiate professional fees on behalf of any or all of the registrants of the professional regulatory organization.

Prohibition re bargaining agents and regulations re advocacy 23(1) No professional regulatory organization, governing body, committee, tribunal or other body created under the authority of this Act may act as a certified bargaining agent as defined in the Labour Relations Code.

(2) The Minister may make regulations respecting the advocacy roles that a professional regulatory organization may engage in.

38 Division 2 Governing Bodies, Committees, Tribunals, Panels, Task Forces and Sub- committees Governing Bodies Establishment of governing bodies 24(1) Each professional regulatory organization must establish a governing body consisting of (

a) a chair, selected in accord ance with the bylaws of the professional regulatory organization, (

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

c) the non-voting members, if any, provided for and selected in accordance with the bylaws of the professional regulatory organization, and (

d) the public members appointed by the Minister.

(2) A governing body may select a vice-chair in accordance with the bylaws of the professional regulatory organization, who may act for the chair if the chair is absent or otherwise unable to act.

(3) The chair and other members of the governing body, except for the public members appointed by the Minister, may be removed from office in accordance with the bylaws of the professional regulatory organization.

(4) Vacancies on the governing body, except for the vacancy of a public member, may be filled in accordance with the bylaws of the professional regulatory organization. General duties and responsibilities of a governing body 25(1) Each governing body must (

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

39 (

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

c) hold meetings of registrants and non-regulated members of the professional regulatory organization in accordance with any requirements to hold meetings established by the bylaws of the professional regulatory organization.

(2) A governing body may (

a) appoint officers for the professional regulatory organization, and (

b) establish the powers, duties and functions of an officer, in accordance with the bylaws of the professional regulatory organization. Committees Committees 26(1) Each governing body must establish (

a) a registration committee, and (

b) a complaints inquiry committee.

(2) Each governing body must establish (

a) a competence committee, or (

b) a practice review committee and may establish both. Committee membership 27(1) A committee must, unless otherwise specified by this Act or the bylaws of the applicable professional regulatory organization, (

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

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

(2) A committee may include non-regulated members in accordance with the bylaws of the professional regulatory organization.

(3) The chair and other members of a committee may be removed from office in accordance with the bylaws of the professional regulatory organization.

(4) Vacancies on a committee may be filled in accordance with the bylaws of the professional regulatory organization. Complaints inquiry committees 28 A complaints inquiry committee must include at least 5 registrants appointed by the governing body in accordance with the bylaws of the applicable professional regulatory organization, one of whom must be designated by the governing body as CIC chair in accordance with the bylaws. Powers, duties and functions of committees 29(1) A governing body must, in the bylaws of the applicable professional regulatory organization, (

a) set out the powers, duties and functions of each committee established under

section 26, including any requirement to refer matters to the governing body or a different committee, and (

b) establish any procedure for appealing a decision of the committee.

(2) For each committee established by the governing body under

section 26, the governing body must set the terms of reference for the committee in the bylaws of the professional regulatory organization. Tribunals Tribunal roster 30(1) Each governing body must establish and maintain a roster of registrants, in accordance with the bylaws of the applicable professional regulatory organization, who are eligible to be appointed to a discipline tribunal or an appeal tribunal.

(2) Each governing body must appoint, from the roster established under subsection (1), an individual as (

a) discipline tribunal roster chair, and (

b) appeal tribunal roster chair.

(3) A governing body may appoint, from the roster established under subsection (1), an individual as (

a) discipline tribunal roster vice-chair, and (

b) appeal tribunal roster vice-chair, who may act for the chair if the chair is absent or otherwise unable to act.

(4) Members of a roster may be removed from the roster in accordance with the bylaws of the professional regulatory organization. Discipline tribunal 31(1) A discipline tribunal roster chair must convene a discipline tribunal as soon as practicable after the need for a discipline tribunal arises under

section 107 or 128, and may convene a discipline tribunal if the discipline tribunal roster chair decides to convene a discipline tribunal under

section 129(1), by appointing individuals to the tribunal in accordance with subsection (2).

(2) The composition of a discipline tribunal must (

a) include at least 3 individuals, (

b) be in accordance with th e bylaws of the applicable professional regulatory organization, and (

c) include (

i) no more than 75% members appointed from the tribunal roster established under

section 30, and (ii) at least 25% public members appointed from the public member roster established under

section 37(2).

(3) A discipline tribunal roster chair must designate a tribunal chair for each discipline tribunal hearing in accordance with the bylaws of the professional regulatory organization.

(4) Prior to the commencement of a discipline tribunal hearing, or at the request of the discipline tribunal, prior to the discipline tribunal hearing evidence, a discipline tribunal roster chair may (

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

b) appoint an additional member or members to the discipline tribunal, if the discipline tribunal roster chair considers it fair and reasonable in the circumstances to do so and doing so would not violate subsection (2). Appeal tribunal 32(1) An appeal tribunal roster chair must convene an appeal tribunal as soon as practicable after the need for an appeal tribunal arises under

section 149, and may convene an appeal tribunal if the appeal tribunal roster chair decides to convene an appeal tribunal under

section 161(1), by appointing individuals to the tribunal in accordance with subsection (2).

(2) The composition of an appeal tribunal must (

a) include at least 3 individuals, (

b) be in accordance with th e bylaws of the applicable professional regulatory organization, and (

c) include (

i) no more than 75% members appointed from the tribunal roster established under

section 30, and (ii) at least 25% public members appointed from the public member roster established under

section 37(2).

(3) An appeal tribunal roster chair must designate a tribunal chair and a tribunal vice-chair for each appeal tribunal hearing in

43 accordance with the bylaws of the professional regulatory organization.

(4) Prior to the commencement of the appeal tribunal hearing, or, at the request of the appeal tribunal, prior to the appeal tribunal hearing evidence, the appeal tribunal roster chair may (

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

b) appoint an additional member to the appeal tribunal, if the appeal tribunal roster chair considers it fair and appropriate in the circumstances to do so and doing so would not violate subsection (2). Joint Committees and Joint Tribunals Joint committees and joint tribunals 33(1) The Minister may establish a joint committee or a joint tribunal for 2 or more professional regulatory organizations in the regulations and, subject to subsection (2), the regulations will govern to the extent of any inconsistency with anything in this Division.

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

a) an equal number of registrants selected by each professional regulatory organization’s governing body, (

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

c) any other members prescribed by the regulations. Panels, Task Forces and Sub-committees Panels, task forces and sub-committees 34 A governing body or a committee of a professional regulatory organization may establish a panel, task force or sub-committee for the effective operation of the governing body or committee, as the case may be.

44 Division 3 Secretaries, Registrars, Experts and Public Members Secretaries and Registrars Appointment of secretaries and registrars 35(1) Subject to subsection (2), each governing body must appoint (

a) one or more individuals as (

i) a CIC secretary, (ii) a discipline trib unal secretary, and (iii) an appeal tribunal secretary, and (

b) an individual as registrar.

(2) The same individual may be appointed as a discipline tribunal secretary and an appeal tribunal secretary, but an individual appointed as a CIC secretary may not be appointed as a discipline tribunal secretary or as an appeal tribunal secretary.

Experts Appointment of experts 36 A governing body, committee, sub-committee, panel or task force of a professional regulatory organization may appoint an individual who has technical expertise or other relevant knowledge to inquire into and report to the governing body, committee, sub-committee, panel or task force with respect to any matter related to any power, duty or function of the governing body, committee, sub-committee, panel or task force.

Public Members Appointment of public members 37(1) The Minister, following consultation with a governing body, or with the applicable governing bodies in the case of a joint committee or joint tribunal, may appoint or revoke the appointment of public members to

45 (

a) the governing body, (

b) the joint committee, or (

c) the joint tribunal.

(2) The Minister, following consultation with each governing body, may appoint or revoke the appointment of public members to a roster of public members who can be selected by (

a) the CIC chair of the appli cable professional regulatory organization for the purposes of considering a sanction agreement under

section 138, (

b) a discipline tribunal roster chair to serve on a discipline tribunal, or (

c) an appeal tribunal roster chair to serve on an appeal tribunal.

(3) The Minister may appoint any number of public members to a governing body, joint committee, joint tribunal or public member roster that the Minister deems appropriate to protect the public interest, and may fill any vacancies that may arise.

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

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

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

(5) Unless it would cause a conflict of interest, a public member appointed to the roster of public members under subsection (2) may also be appointed to a governing body, joint committee or joint tribunal, but the public member may not be selected by (

a) the CIC chair under

section 138, (

b) a discipline tribunal roster chair, or

46 (

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

(6) A public member may not serve on more than one of (

a) a panel established under

section 138, (

b) a discipline tribunal, or (

c) an appeal tribunal respecting the same matter. Ineligibility for appointment as public member 38(1) An individual shall not be appointed as a public member under

section 37(1) or (2) if the individual is not ordinarily resident in Alberta.

(2) An individual is not eligible to be appointed as a public member of the governing body of a professional regulatory organization, a joint committee or joint tribunal that a professional regulatory organization is a member of, a panel established under

section 138 with respect to a registrant of a professional regulatory organization or a discipline tribunal or appeal tribunal convened with respect to a registrant of a professional regulatory organization if (

a) the individual is a registrant or former registrant of that professional regulatory organization, (

b) the individual is or was a registrant, or holds or held a similar status, in a professional association or other entity outside of Alberta that regulates the same profession the professional regulatory organization regulates, (

c) the individual met or m eets the requirements to be a registrant of that professional regulatory organization, (

d) the individual represents or is normally engaged in representing a group of employees who are registrants of that professional regulatory organization in the

47 negotiation of collective bargaining agreements or in any proceedings under a collective bargaining agreement with respect to the registrants of that professional regulatory organization, (

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

f) the individual negotiates or sets professional fees on behalf of the registrants of that professional regulatory organization, or (

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

(3) An individual described in subsection (2) is not prohibited from being appointed as a public member with respect to a different professional regulatory organization. Remuneration 39 A public member appointed under

section 37(1) or (2) may be paid (

a) remuneration at a rate pres cribed by the Minister, and (

b) reasonable living and travelling expenses incurred in the course of an individual’s duties as a public member at the discretion of the Minister. General duties and responsibilities of public members 40(1) A public member appointed under

section 37(1) or (2) must (

a) act as an objective and full participant of a body to which the public member has been appointed in accordance with the position to which the public member has been appointed and within the scope of the public member’s role as a public member, and

48 (

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

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

(2) A public member may not (

a) act as chair or vice-chair of a governing body, a committee, a tribunal or a panel established under

section 138, or (

b) provide a service, advice or guidance to the professional regulatory organization outside the scope and duties of the public member’s appointment and public member role. Division 4 Terms, Quorum, Vacancies and Absences Terms Terms and continuing to serve beyond expiry 41(1) Each professional regulatory organization must prescribe the terms (

a) for members of the governing body, other than the public members, (

b) for members of each committee of the professional regulatory organization, other than the public members of a joint committee, and (

c) for which individuals may be included on the tribunal roster established under

section 30 in the bylaws of the professional regulatory organization.

(2) Despite anything to the contrary in

section 42(2), if the term of a public member or registrant who is a member of (

a) a discipline tribunal convened under

section 31, (

b) an appeal tribunal convened under

section 32, or (

c) a panel established under

section 138 to consider a sanction agreement expires, the member of the tribunal or panel may continue to carry out the member’s powers, duties and functions until the proceeding in respect of which the member was appointed has concluded. Public member terms and continuing to serve beyond expiry 42(1) A public member appointed under this Act must be appointed for a fixed term of not more than 3 years.

(2) A public member may continue to serve after the expiry of the public member’s term until the person is reappointed, the person’s successor is appointed or a period of 3 months has elapsed, whichever occurs first.

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

section 37(2) or as a public member of a joint complaints inquiry committee or joint tribunal, or (b) 10 consecutive years, in any other case.

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

(5) A public member who has served for the maximum period set out in subsection (3) is eligible to be reappointed as a public member if at least 2 years have elapsed since the person’s last term expired.

(6) Notwithstanding subsection (3), if, in the opinion of the Minister, it is necessary to ensure the effective operation of a professional regulatory organization, the Minister may order that subsection (3) does not apply in respect of a specified appointment.

50 Quorum, Vacancies and Absences Quorum 43 The quorum for the governing body and each committee, sub-committee, tribunal, panel or task force of a professional regulatory organization must be established in the bylaws of each professional regulatory organization. Vacancies and absences 44(1) Except as otherwise provided in this Act, and subject to applicable bylaws prescribing quorum, the powers, duties and functions of a governing body, committee, sub-committee, tribunal, panel or task force are not affected by (

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

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

c) the inability of a public member, registrant member or other appointee to attend or act for any reason.

(2) If a tribunal determines that it will not continue to act as a result of the failure of a member to attend meetings, a vacancy or the inability of a member to act, the remaining members of the tribunal must refer the matter back to the discipline tribunal roster chair or appeal tribunal roster chair, as the case may be, to convene a new tribunal. Division 5 Undesignated Powers and Delegation Undesignated Powers, Duties and Functions Carrying out professional regulatory organization’s functions 45 If no individual, committee, tribunal or other body is (

a) designated by this Act, or (

b) prescribed by the regulations, bylaws or a governing body

51 to perform a power, duty or function of a professional regulatory organization, the chair of the governing body or a designate of the chair of the governing body may perform it. Delegation Governing body delegation 46(1) Subject to the bylaws of the applicable professional regulatory organization, a governing body may delegate any of its powers, duties or functions to an individual, committee or sub-committee except the power to make bylaws, a code of ethics and conduct and practice standards and guidelines.

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

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

(4) Any reference in this Act or any other enactment to a governing body is deemed to also be a reference to a delegate or subdelegate of the governing body. Individual and committee delegation 47(1) Subject to the bylaws of a professional regulatory organization, an individual or committee to whom a power, duty or function is given under this Act may delegate the power, duty or function to one or more individuals, sub-committees, panels or task forces.

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

(3) When an individual or committee delegates a power, duty or function, it may authorize the individual, sub-committee, panel or task force receiving the delegation to further delegate the power, duty or function, subject to any conditions imposed by the individual or committee.

(4) Notwithstanding subsection (1),

52 (

a) a complaints inquiry committee may not delegate the committee’s powers, duties or functions with respect to the review of a complaint, a hearing or an appeal, and (

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

(5) Any reference in this Act or any other enactment to a committee is deemed to also be a reference to a delegate or subdelegate of the committee. Division 6 Annual Report and Directory of Officials Annual report 48(1) Each professional regulatory organization must (

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

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

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

(3) On receipt of a report under subsection (1), the Minister must lay a copy of it before the Legislative Assembly if it is then sitting or, if it is not then sitting, within 15 days after the commencement of the next sitting.

(4) The Minister may require a professional regulatory organization to submit any reports the Minister considers appropriate to the Minister in addition to the report required under subsection (1). Directory of officials 49(1) Each professional regulatory organization must establish and maintain a directory in accordance with the regulations that contains the names and contact information of the officials of the professional regulatory organization.

(2) The information in the directory must be

53 (

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

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

c) provided to the Minister on request. Division 7 Code of Ethics and Conduct and Practice Standards and Guidelines Establishment of code of ethics and conduct and practice standards and guidelines 50(1) Each governing body must make a code of ethics and conduct and practice standards and guidelines for registrants in accordance with the regulations.

(2) A governing body must make a copy of any proposed code of ethics and conduct and any proposed practice standards and guidelines available to (

a) the Minister, and (

b) the professional regulatory organization’s registrants, for review and comment and must indicate when comments must be provided by.

(3) A governing body may make a code of ethics and conduct or practice standards and guidelines only after it has provided a reasonable opportunity for review and comment and has reviewed and considered any comments received.

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

Part 5 Registration Division 1 Categories and Classes of Registrants Categories and classes of registrants 51(1) An individual may apply to be registered (

a) as an individual registrant, a temporary registrant or in a category of registrant established by the regulations, and (

b) in a class of registrants established by the regulations in accordance with this Part.

(2) If the Minister has authorized or required a professional regulatory organization to register business entities as business registrants in the regulations, and the governing body has made the bylaws required under

section 213(1)(p)(iii) and (v), a business entity may apply to be registered (

a) as a business registrant, and (

b) in a class of business registrants established by the regulations in accordance with this Part. Division 2 Registration of Individuals Application for registration 52(1) An individual may apply to be registered as an individual registrant or in a category and class of registrant established under this Act for a professional regulatory organization in accordance with this Division.

(2) An application for registration must be in the form required by the bylaws of the applicable professional regulatory organization and must be submitted to the registrar of that professional regulatory organization together with

55 (

a) evidence of meeting the re quirements for competence in the practice of the profession in accordance with

section 53, (

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

c) evidence of being a Canadi an citizen or an individual permitted to work under the Immigration and Refugee Protection Act (Canada), (

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

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

f) evidence of meeting any other registration requirements established in the bylaws of the professional regulatory organization, (

g) any application fees re quired by the bylaws of the professional regulatory organization, and (

h) any other information required by the bylaws of the professional regulatory organization.

(3) If an applicant is already registered or was previously registered in another jurisdiction in Canada or with an organization outside Canada that regulates the same profession as the professional regulatory organization the applicant is applying to, the applicant, in addition to providing the information required under subsection (2), must provide a certificate, letter or other evidence from each organization in which the applicant is currently registered or was previously registered confirming the standing of any current or former registration in that jurisdiction.

(4) The registrar or registration committee may require an applicant to submit any additional information that is required to assess and make a determination with respect to an application for registration.

56 Competency requirements 53(1) An applicant may meet the requirements for competence in the practice of the profession by fulfilling one or more requirements related to education, training, experience, knowledge, skills, proficiency or judgment prescribed by the regulations and the bylaws of the professional regulatory organization.

(2) An individual who is registered with a professional regulator that regulates the same profession in a province or territory that is a signatory to one or more domestic trade agreements that are in force in Alberta at the time the application is made is deemed to have met the requirements for competence in the practice of the profession.

(3) An individual who (

a) is registered in a manner that meets the criteria set out in the bylaws of the professional regulatory organization with an organization outside Canada that regulates the same profession and that is recognized by the governing body of the professional regulatory organization in accordance with the bylaws of the professional regulatory organization as having substantially equivalent competence, experience and practice requirements, and (

b) has fulfilled any additional requirements specified by the bylaws of the professional regulatory organization is deemed to have met the requirements for competence in the practice of the profession. Citizenship requirements 54(1) Subject to the regulations, an individual is not eligible to be registered in a professional regulatory organization unless the individual is a Canadian citizen or an individual permitted to work in Canada under the Immigration and Refugee Protection Act (Canada).

(2) The Minister may make regulations permitting the registration of individuals who are not Canadian citizens or who are not permitted to work in Canada under the Immigration and Refugee Protection Act (Canada) in one or more professional regulatory organizations.

57 Consideration of applications 55(1) The registrar of a professional regulatory organization, within the time prescribed in the regulations or, if no time is prescribed in the regulations, within a reasonable time, must give notice to the applicant that the application has been received, whether it is complete and, if it is not complete, how it is not complete.

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

(3) The registrar or registration committee of the professional regulatory organization, within 6 months after (

a) the receipt by the registrar of a complete application, or (

b) an incomplete application has been made complete, must consider the application, make a decision under

section 56 and notify the applicant of the decision.

(4) The registrar or registration committee may refer an application for registration to the competence committee, if one has been established by the professional regulatory organization, for input and recommendations respecting the application and any conditions or restrictions that should be imposed relating to competency.

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

section 69(1)(a). Decisions on applications 56(1) After considering an application for registration, the registrar or registration committee must make a decision and (

a) approve the application if the requirements for registration are met, (

i) with or without conditions or restrictions on the applicant’s registration that are permitted by the bylaws of the professional regulatory organization

58 and, in the opinion of the registrar or registration committee, are in the public interest, and (ii) with conditions or rest rictions on the application’s registration prescribed by the bylaws of the professional regulatory organization, (

b) defer the registration of the applicant for a period not exceeding one year if, in the opinion of the registrar or registration committee, it is in the public interest to defer the registration of the applicant until the applicant complies with conditions imposed by the registrar or registration committee under subsection (2), or (

c) refuse the application if, in the opinion of the registrar or registration committee, it is in the public interest.

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

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

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

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

b) provides evidence that the applicant has (

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

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

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

59 and done so within the time specified and to the satisfaction of the registrar or registration committee, the registrar or registration committee must approve the application.

(4) An application approved under subsection (3) (

a) may be approved with or without conditions or restrictions on the applicant’s registration that are permitted by the bylaws of the professional regulatory organization and, in the opinion of the registrar or registration committee, are in the public interest, and (

b) must contain conditions or restrictions on the applicant’s registration prescribed by the bylaws of the professional regulatory organization.

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

b) fails to (

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

b) obtain any experience the applicant was required to obtain, or (

c) comply with any other condition imposed by the registrar or registration committee within the time specified and to the satisfaction of the registrar or registration committee, the registrar or registration committee may refuse the application.

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

(7) On making a decision under subsection (1), (3) or (5), the registrar or registration committee must (

a) give notice of the decision to the applicant, (

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

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

section 57(1)(a), and

60 (

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

i) provide written reasons for the decision to the applicant, and (ii) notify the applicant in writing of the right to appeal the decision under

section 69.

(8) An applicant may, on request, review the documents considered by or created by the registrar, the registration committee or the competence committee when considering the applicant’s application for registration. Steps after registration approval 57(1) If an application for registration has been approved, the registrar must (

a) register the registrant by entering the registrant’s name in the professional regulatory organization’s Register, (

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

section 70 in the appropriate Register, and (

c) on entering the name of the registrant in the Register, issue to the registrant evidence of registration that includes (

i) the name of the registrant, (ii) the registrant’s unique registration number, (iii) the name of the professional regulatory organization in which the registrant is registered, (iv) a statement that the evid ence of registration is issued by the professional regulatory organization under this Act, (

v) the category and class of the registrant’s registration, (vi) any conditions or restrictions imposed on the registrant’s registration,

61 (vii) the expiry date of the evidence of registration, and (viii) any other information prescribed in the regulations.

(2) The registrar may issue other documents and things, including stamps, seals or engravings, to the registrant as evidence of registration in accordance with

section 58 and the regulations. Prohibited use of stamp, seal or engraving 58(1) A professional regulatory organization may not issue a stamp, seal or engraving as evidence of registration unless permitted to do so in accordance with this section.

(2) The Minister may authorize the issuance of a stamp, seal or engraving by the registrants of a professional regulatory organization in the regulations, and may make regulations respecting the use of those stamps, seals and engravings.

(3) A registrant that is granted the authority to use a stamp, seal or engraving shall not use that stamp, seal or engraving, or allow that stamp, seal or engraving to be used, except in accordance with the regulations and the bylaws of the professional regulatory organization. Compliance with Acts 59 An application for registration must be dealt with in a manner consistent with (

a) the Fair Registration Practices Act, and (

b) the Labour Mobility Act. Division 3 Registration of Temporary Registrants Temporary registrants 60(1) An individual whose registration is in good standing with a professional regulator that regulates the same profession in another jurisdiction may apply, in accordance with the bylaws of the applicable professional regulatory organization, for temporary registration in a professional regulatory organization for a specific project or scope of work if the professional regulatory organization has authorized temporary registrants in the professional regulatory organization’s bylaws.

(2) An applicant for temporary registration must satisfy the registrar or registration committee of the professional regulatory organization being applied to that (

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

b) the applicant’s registration is in good standing and the applicant is entitled to practice the applicable profession in another jurisdiction in Canada.

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

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

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

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

b) the same conditions and restrictions imposed on the temporary registrant’s registration in the other jurisdiction, and (

c) any additional conditions or restrictions imposed by the registrar or registration committee.

(6) If the person’s registration in the other jurisdiction is suspended or cancelled, the person’s temporary registration is cancelled.

(7) Sections 52 to 59 apply, with all necessary modifications, to applications for temporary registration.

63 Division 4 Business Registrants and Practice Arrangements Business registrants 61(1) A professional regulatory organization may register business entities as business registrants if (

a) the Minister has authorized or required the professional regulatory organization to register business entities as business registrants in the regulations, and (

b) the governing body has made the bylaws required under

section 213(1)(v).

(2) If a professional regulatory organization is authorized or required to register business entities as business registrants, (

a) the professional regulatory organization must make bylaws providing for the registration of business registrants for the class or classes of business entities specified in the regulations, and (

b) the professional regulatory organization may only register the class or classes of business entities specified in the regulations.

(3) The requirements of and process applicable to applications for registration, consideration of those applications and the registration and continuing registration of business registrants must be provided for by the bylaws of the applicable professional regulatory organization, which must accord with the regulations.

(4) Business registrants must comply with any applicable prohibitions, conditions, limits, restrictions or other requirements placed on business registrants or a class of business registrant in the regulations or the bylaws of the applicable professional regulatory organization.

(5) The relationship between a business entity providing professional services and a person receiving the professional services of the business entity is subject to all applicable law and practice relating to the fiduciary, confidential and ethical relationships between an individual registered under this Act and the person receiving the professional services of that individual.

(6) If a professional regulatory organization is authorized to register professional corporations as business registrants then, despite anything to the contrary in the Business Corporations Act, every voting shareholder of a professional corporation is liable to the same extent and in the same way as if the shareholder were, during that time, carrying on the business of the professional corporation as a partnership or, if there is only one voting shareholder, as an individual conducting the practice of the profession.

(7) The rights and obligations pertaining to communications made to, or information received by, a registrant apply to the shareholders, partners, directors, officers and employees of a business entity and the participants in a practice in association.

(8) The Minister may make any regulations the Minister considers suitable with respect to business registrants. Practice arrangements 62(1) Subject to this Act, the regulations and the bylaws, code of ethics and conduct and practice standards and guidelines of a professional regulatory organization, an individual registered under this Act may provide professional services in or through any practice arrangement.

(2) An individual registered under this Act is responsible for how the individual provides professional services and complies with this Act, the regulations and the bylaws, code of ethics and conduct and practice standards and guidelines of a professional regulatory organization and that responsibility is not affected, modified or diminished by any practice arrangement in which the individual practices.

(3) Nothing in this Act or the regulations affects, modifies or limits any law or practice applicable to the fiduciary, confidential or ethical relationship between an individual registered under this Act and a person receiving the professional services of the registrant. Division 5 Non-regulated Members Non-regulated members 63(1) If a professional regulatory organization has made bylaws providing for non-regulated members, a person may apply to be a

65 non-regulated member of the professional regulatory organization in accordance with the professional regulatory organization’s bylaws.

(2) Unless otherwise established in the regulations, a non-regulated member of a professional regulatory organization has no right by virtue of that membership to (

a) use a restricted title, (

b) engage in a restricted activity, or (

c) engage in any activity that falls within an exclusive scope of practice.

(3) If an individual is required to register in a professional regulatory organization under the regulations, non-regulated membership does not fulfill that requirement. Division 6 Continuing Registration Continuing registration 64(1) A professional regulatory organization must, on a periodic basis as provided for in the bylaws of the professional regulatory organization, review the registration of each registrant in accordance with this

section to confirm that each registrant meets the requirements for continuing registration.

(2) An applicant may apply for continuing registration by submitting the following information to the registrar or registration committee of the professional regulatory organization that the registrant is registered with in accordance with the bylaws of the professional regulatory organization: (

a) satisfactory evidence of completing any continuing competence or education requirements in accordance with the bylaws of the professional regulatory organization; (

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

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

66 (

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

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

f) any other information required by this Act, the regulations or the bylaws of the professional regulatory organization.

(3) The registrar or registration committee must review the information submitted under subsection (2) within the time set by the bylaws of the professional regulatory organization.

(4) If a registrant has submitted the information required by subsection (2), (

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

b) the registrar must issue new or updated evidence of registration to the registrant in accordance with any requirements established in the regulations and the bylaws of the professional regulatory organization.

(5) If a registrant fails to submit the information required by subsection (2), the registrar or registration committee may (

a) suspend or cancel the registration of the registrant in accordance with the regulations and the bylaws of the professional regulatory organization, (

b) impose conditions or restrictions on the registration of the registrant in accordance with the regulations and the bylaws of the professional regulatory organization, (

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

d) impose a financial penalty in accordance with the regulations and the bylaws of the professional regulatory organization, or

67 (

e) make a complaint under

Part 8 about the conduct of the registrant.

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

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

a) give notice of the decision to the registrant, (

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

c) provide written reasons for the decision to the registrant and notify the registrant in writing of the right to appeal the decision under

section 69. Division 7 Reinstatement of Registration Reinstatement following a non-disciplinary cancellation 65(1) A former registrant whose registration was cancelled may apply to the registrar of the professional regulatory organization the former registrant was formerly registered with for reinstatement in accordance with this section.

(2) An applicant for reinstatement of registration must (

a) provide satisfactory evidence to the registrar that the applicant (

i) meets the requirements for registration as a registrant of the professional regulatory organization, (ii) meets any education or experience requirements specified by the registrar, (iii) meets any good character and reputation requirements for reinstatement in accordance with the bylaws of the professional regulatory organization, and (iv) has paid all fees, fines and costs that are due or payable under this Act, the regulations or the bylaws, and

68 (

b) satisfy any other terms or conditions specified by the registrar.

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

(4) Sections 55, 56, 57 and 69 apply, with all necessary modifications, to applications for reinstatement under this section.

(5) This

section does not apply to an application for reinstatement if the former registrant resigned as a result of, or the registration of the former registrant was cancelled as a result of, (

a) a disciplinary process under

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

b) a disciplinary process or appeal from a disciplinary process under a former Act. Reinstatement following a disciplinary cancellation 66(1) Unless otherwise provided in the bylaws of a professional regulatory organization, a former registrant whose resignation was accepted or whose registration was cancelled as a result of (

a) a disciplinary process under

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

b) a disciplinary process or appeal from a disciplinary process under a former Act may apply to the registration committee of the professional regulatory organization the former registrant was formerly registered with for reinstatement in accordance with this section.

(2) An applicant for reinstatement must (

a) provide satisfactory evidence to the registration committee that the applicant (

i) has complied with all orders and any conditions or restrictions imposed on the applicant in relation to the applicant’s resignation or cancellation, (ii) meets the requirements fo r registration as a registrant of the professional regulatory organization,

69 (iii) meets any education or experience requirements specified by the registration committee, (iv) meets good character and reputation requirements for reinstatement in accordance with the bylaws of the professional regulatory organization, (

v) has taken steps to overcome, and has overcome, any competence or ethical issues that the applicant had, and (vi) has paid all fees, fines and costs that are due or payable under this Act, the regulations or the bylaws, and (

b) satisfy any other terms or conditions specified by the registration committee.

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

(4) No application for reinstatement under this

section may be made after the date of the resignation or cancellation of the registration until the time specified in the bylaws of the applicable professional regulatory organization has expired.

(5) Each professional regulatory organization must establish a time after which a person is no longer eligible to apply for reinstatement under this

section in the professional regulatory organization’s bylaws.

(6) Sections 55, 56, 57 and 69 apply, with all necessary modifications, to applications for reinstatement under this section. Cancellation of disciplinary suspension 67 Unless otherwise provided in the regulations or the bylaws of the applicable professional regulatory organization, if a registrant’s registration is suspended as a result of (

a) a disciplinary process under

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

70 (

b) a disciplinary process or appeal from a disciplinary process under a former Act, the suspension must be cancelled once the suspension period, if any, has ended and the registrant has satisfied the discipline tribunal secretary of the applicable professional regulatory organization that the registrant has complied with the order governing the suspension, and any evidence of registration must be returned or reissued. Cancellation on death 68(1) The registrar of a professional regulatory organization must cancel the registration of a registrant on receiving proof satisfactory to the registrar that the registrant is deceased.

(2) The estate of a deceased registrant shall return any evidence of registration held by the deceased registrant to the professional regulatory organization. Division 8 Appeals Appeal to appeal tribunal 69(1) The following may appeal to the appeal tribunal under

Part 10: (

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

section 55(5); (

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

section 56; (

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

section 64(5); (

d) an applicant whose app lication for reinstatement of registration under

section 65 or 66 is approved subject to conditions, deferred or refused.

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

71 Division 9 Maintaining the Register and Related Records Maintaining the Register 70(1) The registrar of each professional regulatory organization must establish, maintain and administer a Register that identifies the category and class of each registrant of the professional regulatory organization, in accordance with the regulations and the bylaws of that professional regulatory organization.

(2) The registrar must enter the information required by the regulations in the Register.

(3) The Register of each professional regulatory organization must be publicly available, in person and on the professional regulatory organization’s website, and the registrar of the professional regulatory organization must permit any person to inspect the Register during regular business hours. Additional registrant information 71(1) Each professional regulatory organization must establish and maintain a record with information about each registrant in accordance with the regulations.

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

(3) A person may, during regular business hours, request the information about a registrant that is included in the record referred to in subsection (1) and a professional regulatory organization must provide the information. Access to registrant information 72 A professional regulatory organization must provide to any person, within a reasonable time of a written request, any of the following information that it has in its possession regarding a registrant or former registrant of the professional regulatory organization:

72 (

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

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

c) information that is required by the bylaws respecting any hearing or appeal relating to the registrant or former registrant and the status of the hearing or appeal; (

d) any decision, notice of a decision or

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

e) a

summary of any sanction agreement approved under

section 139 or a former Act regarding the registrant or former registrant; (

f) a

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

i) the registration of the regi strant or former registrant was cancelled or suspended as a result of the finding, and (ii) the findings were made by a discipline tribunal, appeal tribunal, governing body, committee, tribunal or joint committee or joint tribunal of a professional regulatory organization whose findings or orders are published and made available to all registrants on a named basis. Websites 73(1) A professional regulatory organization must establish, maintain and administer a website that is accessible to registrants and the public at no charge.

(2) A professional regulatory organization must post information on the website as required under this Act, the regulations and the bylaws of the professional regulatory organization.

(3) A professional regulatory organization must establish a process to correct or remove any information about a registrant or former registrant on its website that is not accurate or that is incomplete.

(4) A professional regulatory organization may disregard a request for a correction or removal of information from the website if, in the opinion of the professional regulatory organization, the request is made to harass the professional regulatory organization or any other person or impede the professional regulatory organization’s operations. Division 10 Duties and Responsibilities Duties and responsibilities of registrants 74 A registrant must (

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

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

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

d) cooperate with the professional regulatory organization, (

e) perform any powers, duties or functions prescribed by the regulations if the registrant is appointed to the governing body, a committee or a tribunal of the professional regulatory organization, and (

f) comply with any other requirements established in the regulations.

74 Return of evidence of registration 75 A registrant or former registrant of a professional regulatory organization must send any evidence of registration to the registrar of the professional regulatory organization on the request of the registrar, including where the registration of the registrant is suspended or cancelled under this Act. Duties and responsibilities of registrar and registration committee 76(1) The delineation of powers, duties and functions between the registrar and the registration committee must be established in the bylaws of each professional regulatory organization.

(2) The registrar and registration committee of each professional regulatory organization must perform the powers, duties and functions delineated to them in the bylaws and any other powers, duties or functions prescribed by the bylaws.

Part 6 Competence and Continuing Competence Continuing competence programs 77(1) Each governing body must establish, maintain and administer a continuing competence program in accordance with this

section and the bylaws.

(2) If a professional regulatory organization continued under this Act did not have a continuing competence program under its former Act, the governing body of that professional regulatory organization must establish a continuing competence program within 2 years of the date that the professional regulatory organization is continued under this Act.

(3) The governing body of a professional regulatory organization (

a) that was designated as a professional regulatory organization under

section 9 must establish a continuing competence program within 2 years of the professional regulatory organization’s designation as a professional regulatory organization, and (

b) established by an amalgamation under

section 18 must

75 (

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

(4) A continuing competence program must enable individual registrants of the professional regulatory organization to (

a) maintain competence in the profession, and (

b) enhance the registrant’s ability to provide professional services.

(5) A continuing competence program must be mandatory for all individual registrants and may be applied to other categories of registrants in accordance with the bylaws of the professional regulatory organization.

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

Confidentiality of information 78(1) Information related to participation in a continuing competence program is confidential, and any person that has access to or comes into possession of such information shall not publish, release or disclose the information in any manner except as necessary to carry out the person’s powers and duties under this Act.

(2) Notwithstanding subsection (1), information related to participation in a continuing competence program may be

76 (

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

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

section 89, or (

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

Part 5, 7, 8, 9 or 10.

(3) If any person publishes, releases or discloses information in contravention of this section, that information may not be used in proceedings under any other Part of this Act, in any arbitration or inquiry or in any action, matter or proceeding before a court. Role of competence committee 79 Where a professional regulatory organization has a competence committee, the competence committee must (

a) make recommendations, on request, to the registrar or registration committee of that professional regulatory organization on the competence of the registrants of the profession, including with respect to continuing competence requirements and the assessment of those requirements, (

b) if the registrar or regi stration committee has referred an application for registration, continuing registration or reinstatement to the competence committee, assess the application and make a recommendation on whether the application should be approved, with or without conditions or restrictions, based on the committee’s assessment of whether competence requirements have been met, and (

c) perform any other power, duty or function given to it under the regulations or the bylaws of that professional regulatory organization.

77 Referral to complaints inquiry committee 80 Any individual who performs a power, duty or function in a continuing competence program must make a complaint to the applicable CIC secretary under

section 89 if the individual is of the opinion that (

a) a registrant has intentionally provided false or misleading information respecting participation in a continuing competence program, (

b) a registrant displays a lack of competence in the provision of professional services that has not been remedied by participating in the continuing competence program, or (

c) the conduct of a registrant constitutes unprofessional conduct that cannot be readily remedied by means of the continuing competence program.

Part 7 Practice Review Purpose of practice review 81 The purpose of practice review is to (

a) promote compliance with the code of ethics and conduct and the practice standards and guidelines established by a professional regulatory organization, and (

b) maintain the competence of the registrants of a profession through a non-disciplinary process for the review of the practice of a registrant to assist the registrant with complying with the code of ethics and conduct and practice standards and guidelines of the professional regulatory organization, and to address any non-compliance issues. Practice review committee establishment, powers, duties and resp

Document details

Collection	Alberta — Bills
Citation	L31 S1 12066
Type	bill
Volume / chapter	L31 S1 12066
Language	en
Format	json
Source	PROVINCIAL
Identifier	daab6f3db3971cf6f2e578ad5633963de0b4b2ff

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