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This Act is current to November 21, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Agrologists Act

[SBC 2003] CHAPTER 13

Assented to March 27, 2003

Contents
1Definitions
2Application
3The institute
4Categories of membership
5Enrolment of articling agrologists
6Admission and reinstatement of agrologists
7Applications for enrolment, admission or reinstatement
8Organization of council
9Officers, appointment, duties and remuneration
10Committees
11General meetings of the institute
12Implementing resolutions of general meetings
13Authority of the council
14Register
15Certificate of registration and seal
16Fees and special assessments
17Unauthorized use of titles
18Standards of conduct and competence
19Audits and practice reviews
20Complaints from the public
21Discipline proceedings
22Search and seizure
23Confidentiality
24Discipline hearings
25Panels to conduct admission hearings and discipline hearings
26Failure to attend
27Right to counsel
28Witnesses
29Costs
30Review on the record
31Appeal
32Injunctions
33Offence
34Protection against lawsuits
35Repeal Spent
36Commencement

Definitions

1   In this Act:

"agrologist" means a person registered as an agrologist under this Act or the former Act;

"agrology" means using agricultural and natural sciences and agricultural and resource economics, including collecting or analyzing data or carrying out research or assessments, to design, evaluate, advise on, direct or otherwise provide professional support to

(a) the cultivation, production, improvement, processing or marketing of aquatic or terrestrial plants or animals, or

(b) the classification, management, use, conservation, protection, restoration, reclamation or enhancement of aquatic or terrestrial ecosystems that are affected by, sustain, or have the potential to sustain the cultivation or production of aquatic or terrestrial plants or animals;

"annual fee" means the annual fee payable by agrologists in accordance with a bylaw made under section 16 (1) (a);

"applicant" means a person who applies for

(a) enrolment in the institute's admission program for articling agrologists, or

(b) admission or reinstatement as an agrologist or other member of the institute;

"articling agrologist" means a person enrolled as an articling agrologist under this Act or as an agrologist in training under the former Act;

"audit" means an audit in accordance with a bylaw made under section 19 (4);

"bylaw" means a bylaw made by the council in accordance with this Act;

"bylaw-making authority" means the capacity of the council to enact bylaws;

"citation" means a citation issued under section 21 (1) (d);

"committee" means a committee established under section 10 (1);

"conduct unbecoming an agrologist" means conduct of an agrologist that

(a) brings the institute or its members into disrepute,

(b) undermines the scientific methods and principles that are the foundation of the agricultural and natural sciences, or

(c) undermines the principles of stewardship that are the foundation of agrology;

"council" means the council referred to in section 8 (1);

"councillor" means a person referred to in section 8 (1);

"discipline investigation" means an investigation referred to in section 21;

"former Act" means the Agrologists Act repealed by this Act;

"institute" means the British Columbia Institute of Agrologists continued under section 3 (1);

"member of the institute" means a person registered under this Act or the former Act in one of the categories of members referred to in section 4 (1);

"officer" means an officer appointed under section 9;

"panel" means a panel appointed under section 25;

"practice review" means a practice review referred to in section 19;

"president" means the chief official of the institute and chair of the council, elected under section 8 (1) (c);

"professional misconduct" means misconduct of a member of the institute relating to the performance of duties undertaken while engaged in agrology, and includes a breach of the bylaws;

"registrar" means the registrar of the institute appointed under section 9 (1);

"resolution" means a motion passed by a majority of those voting at a meeting of the institute, the council or a committee;

"respondent" means a person whose conduct or competence is the subject of a discipline hearing under section 24;

"vice president" means an official of the institute and member of the council, elected under section 8 (1) (d);

"voting member" means

(a) an agrologist in good standing, and

(b) any other member of the institute in good standing who is granted the right, in a bylaw, to vote on a resolution at a general meeting of the institute or in a referendum;

"written" or "in writing" includes written messages transmitted electronically.

Application

2   (1) This Act, other than sections 17, 32 and 33, does not apply to a person who is not an agrologist, an articling agrologist, another member of the institute or an applicant.

(2) A provision in another enactment that restricts the practice of another profession or occupation to members of a professional or occupational body does not restrict the capacity of a person to practice agrology under this Act.

The institute

3   (1) The British Columbia Institute of Agrologists is continued as a corporation composed of

(a) the members of the institute, and

(b) the members of the council.

(2) The purpose of the institute is

(a) to uphold and protect the public interest by

(i) preserving and protecting the scientific methods and principles that are the foundation of the agricultural and natural sciences,

(ii) upholding the principles of stewardship that are the foundation of agrology, and

(iii) ensuring the integrity, objectivity and expertise of its members, and

(b) subject to paragraph (a),

(i) to govern its members in accordance with this Act and the bylaws, and

(ii) to cooperate with other professional or occupational bodies charged with governing the conduct or competence of their members on a matter the institute considers relevant to agrology.

(3) The institute has all the powers and capacity of a natural person, including the power to acquire and dispose of property and the power to enter into contracts.

(4) The Company Act and the Business Corporations Act do not apply to the institute unless the Lieutenant Governor in Council, by order, provides that specified provisions of one of these Acts apply to the institute, in which case the specified provisions apply.

Categories of membership

4   (1) The institute is made up of the following categories of members:

(a) agrologists;

(b) articling agrologists;

(c) additional categories of members established by a bylaw made under subsection (2) (a).

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

(a) establish additional categories of members, including non-practising, temporary and honorary members;

(b) establish subcategories within the categories of members referred to in subsection (1);

(c) determine the rights and privileges under this Act for each category of members referred to in subsection (1) and each subcategory of members established in accordance with a bylaw made under paragraph (b);

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

(e) set fees for the admission or reinstatement of members within a category established in accordance with a bylaw made under paragraph (a);

(f) determine whether or not a person is a member in good standing of the institute.

Enrolment of articling agrologists

5   The council may make bylaws to do the following:

(a) establish requirements, including academic requirements, and procedures for the enrolment of articling agrologists;

(b) set fees for enrolment;

(c) establish, maintain or endorse an education program for articling agrologists;

(d) establish requirements for agrologists to act as mentors or supervisors of articling agrologists;

(e) stipulate the duties of an agrologist who acts as a mentor or supervisor of an articling agrologist;

(f) stipulate the duties of an articling agrologist with respect to an agrologist who is acting as their mentor or supervisor.

Admission and reinstatement of agrologists

6   The council may make bylaws to do the following:

(a) establish requirements, including academic requirements, and procedures for the admission of agrologists;

(b) set fees for admission;

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

(d) set fees for reinstatement;

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

Applications for enrolment, admission or reinstatement

7   (1) On receiving an application for enrolment, admission or reinstatement, the council may

(a) grant the application,

(b) grant the application subject to conditions or limitations to which the applicant consents in writing, or

(c) order an admissions hearing by a panel.

(2) A panel conducting an admissions hearing may

(a) grant the application,

(b) grant the application subject to conditions or limitations that the panel considers appropriate, or

(c) reject the application.

(3) If an application is rejected, the panel, on the written request of the applicant, must give written reasons for its decision.

(4) The council may vary or remove conditions or limitations imposed under subsection (1) (b) or (2) (b) with the consent of, or at the request of, the applicant.

Organization of council

8   (1) The council consists of the following councillors:

(a) the councillors appointed by the minister under subsection (2);

(b) at least 5 councillors elected by the voting members;

(c) the president elected by the voting members;

(d) if provided for in the bylaws, one or more vice presidents elected by the voting members;

(e) the immediate past president of the institute.

(2) The minister may appoint up to 3 persons who are not members of the institute to be councillors for a term of office specified by the minister.

(3) If a councillor appointed under subsection (2) resigns or is removed by the minister or otherwise fails to complete their term of office, the minister may appoint a replacement councillor to hold office for the balance of the incomplete term.

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

(a) the duties of councillors referred to in subsection (1) (a) and (b);

(b) the election of councillors referred to in subsection (1) (b), including eligibility requirements;

(c) the term of office of councillors referred to in subsection (1) (b);

(d) the removal of a councillor referred to in subsection (1) (b);

(e) the temporary appointment of councillors to fill a vacancy caused by the incapacity, resignation, removal or death of a councillor referred to in subsection (1) (b);

(f) the duties of the president;

(g) if the council considers it advisable to have one or more vice presidents, the number of vice presidents and their respective duties;

(h) the election of the president and vice presidents, including eligibility requirements;

(i) the terms of office of the president and vice presidents;

(j) the removal of the president or a vice president;

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

(l) the formation of branches of the institute for different areas of British Columbia, and, if the council considers it advisable, the election of councillors by branches;

(m) the making of grants to branches and to any other association of agrologists or of persons with similar qualifications;

(n) the conduct of the affairs of the council, including the conduct of council meetings and proceedings before the council;

(o) the payment of attendance fees and travelling and other expenses incurred by councillors, including the president and vice presidents, in carrying out their duties.

(5) Bylaws made under subsection (4) (a) that differentiate between councillors appointed by the minister under subsection (2) and councillors elected by the voting members may be disallowed by the minister at the minister's sole discretion.

Officers, appointment, duties and remuneration

9   (1) The council must appoint a registrar.

(2) The council may establish other offices and appoint other officers, including an executive director.

(3) The council may appoint employees who are, in the opinion of the council, necessary for the proper functioning of the institute.

(4) All officers of the institute are officers of the council as well.

(5) The council may determine the salaries or fees to be paid to employees or officers appointed under this section, their term of employment or office, and eligibility requirements for their appointment.

(6) The council may

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

(b) authorize a committee established by the council under section 10 to delegate a power, an authority or a jurisdiction granted to it by the council to an officer appointed under this section.

Committees

10   (1) The council may establish committees for a purpose consistent with this Act.

(2) The council may authorize a committee established under subsection (1) to exercise a power, authority or jurisdiction of the council under this Act, other than bylaw-making authority.

(3) The council may make bylaws respecting the following:

(a) the appointment and termination of appointments to committees;

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

General meetings of the institute

11   (1) General meetings of the institute must be held at the time and place required by the bylaws.

(2) If a general meeting is not held as required under subsection (1), the Supreme Court, on the application of a voting member, may call or direct the calling of a general meeting.

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

(4) The council, on the written request of 50 voting members or 5 councillors, must call a general meeting of the institute.

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

Implementing resolutions of general meetings

12   (1) A resolution of a general meeting of the institute is not binding on the council except as provided in this section.

(2) The council must conduct a referendum of all voting members on a resolution of a general meeting if

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

(b) the council or an officer receives a petition signed by at least 50 voting members requesting a referendum on the resolution.

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

(a) one half of all voting members vote in the referendum, and

(b) two thirds of those voting vote in favour of the resolution.

(4) The council must not implement a resolution if to do so would constitute a breach of a statutory duty.

Authority of the council

13   (1) The council governs and administers the affairs of the institute and for this purpose may, by resolution, exercise the powers and capacity under section 3 (3) on behalf of the institute, including

(a) the investment or expenditure of fees, assessments or other funds of the institute, and

(b) subject to this Act, the enactment of bylaws governing the exercise of a power or function, or the performance of a duty, by the institute, the council, agrologists, articling agrologists, other members of the institute or applicants under this Act.

(2) The bylaws are binding on the institute, the council, agrologists, articling agrologists, other members of the institute and applicants.

(3) The enactment of bylaws respecting the following matters must be ratified by a majority of the voting members voting at a general meeting or in a referendum:

(a) the matters referred to in section 8 (4) (a) to (m);

(b) general meetings of the institute;

(c) the amount of the annual fee;

(d) any other matter that, by a bylaw, is specified to require ratification.

(4) The enactment of a bylaw, other than a bylaw ratified under subsection (3), may be disallowed by a resolution of a general meeting of the institute if that resolution is binding on the council under section 12.

Register

14   The registrar must

(a) create and maintain a register for each category of members referred to in section 4 (1) and for each subcategory of members established in accordance with a bylaw made under section 4 (2) (b), and

(b) record in the applicable register the name and particulars of a person enrolled, admitted or reinstated in the institute under this Act.

Certificate of registration and seal

15   (1) The registrar must issue to agrologists in good standing an annual certificate of registration on payment of the annual fee.

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

(3) The council may make bylaws providing for, and regulating the issue of, certificates of enrolment to articling agrologists and certificates of membership to members of the institute falling within a category established under section 4 (2) (a).

(4) The council may make bylaws

(a) providing for the issue of a seal to agrologists in good standing, and

(b) governing the use of the seal.

(5) An agrologist whose membership in the institute has been suspended or who, for any other reason, ceases to be a member in good standing of the institute must immediately surrender to the registrar their annual certificate of registration and any seal issued in accordance with a bylaw made under subsection (4).

Fees and special assessments

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

(a) set the annual fee to be paid by agrologists;

(b) set fees, in addition to the annual fee referred to paragraph (a), to be paid by agrologists, articling agrologists, other members of the institute or applicants;

(c) levy special assessments for any purpose consistent with this Act to be paid by agrologists, articling agrologists, other members of the institute or applicants;

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

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

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

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

(h) waive payment of all or part of a fee, including the annual fee or a special assessment for a member of the institute whom the council wishes to honour.

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

Unauthorized use of titles

17   (1) A person must not hold himself or herself out as a member of the institute or use a name, a title, an abbreviation, a designation or a description that might reasonably lead to the conclusion that they are a member of the institute, unless they are a member in good standing of the institute.

(2) Without limiting subsection (1), a person must not use the title "agrologist" or an abbreviation of that title, either alone or in combination with any other name, title, abbreviation, designation or description, unless they are registered as

(a) an agrologist in good standing,

(b) an articling agrologist in good standing, provided they also use the qualifier "articling", or

(c) a member in good standing of the institute of a category established under section 4 (2) (a) who is expressly authorized under a bylaw made under section 4 (2) (b) to use the title "agrologist" as part of their designation as a member of that category, provided they comply with any conditions or limitations attached to their use of that title.

Standards of conduct and competence

18   The council may make bylaws establishing the following:

(a) standards of professional and ethical conduct, including a code of ethics, for members of the institute, which standards may be different for different categories or subcategories of members;

(b) standards of competence for members of the institute, which standards may be different for different categories or subcategories of members or for different areas of practices;

(c) joint standards of conduct or competence in conjunction with a professional body or an occupational body referred to in section 3 (2) (b) (ii);

(d) a program to assist members of the institute in dealing with professional or ethical issues;

(e) a continuing education program for members of the institute.

Audits and practice reviews

19   (1) The council may authorize a practice review of a member of the institute, to be carried out by an employee or officer, or a contractor retained by the institute for this purpose, if

(a) there is reason to believe that the member may be practising agrology in an incompetent manner or has professional or ethical difficulties concerning their practice, or

(b) the member consents.

(2) If the council authorizes a practice review, the council may do the following:

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

(b) direct a reviewer to prepare a report of the findings of the review, which, if prepared, must also be provided to the member of the institute whose practice was the subject of the review;

(c) refer a report required under paragraph (b) to an officer or a committee with directions to

(i) consider whether or not the findings of the review might warrant action under section 21, and

(ii) advise the council accordingly.

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

(a) govern the initiation or conduct of a practice review;

(b) specify the nature and extent of the requirements that may be imposed on a member under subsection (2) (a);

(c) govern the referral of a report under subsection (2) (c).

(4) The council may make bylaws establishing an audit program to routinely or randomly assess the conduct or competence of members of the institute.

Complaints from the public

20   (1) A person may make a complaint to an officer if the person believes that a member of the institute has

(a) practised agrology in an incompetent manner, or

(b) been guilty of professional misconduct, conduct unbecoming an agrologist, or a breach of this Act or the bylaws.

(2) The council may make bylaws governing the disposition of a complaint referred to in subsection (1).

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

(4) The council, or an officer or a committee authorized to do so by the council, may on their own initiative or on receipt of a complaint under subsection (1), authorize a practice review under section 19 or take action under section 21.

(5) A member of the institute who resigns before or after the beginning of a practice review, a discipline investigation, a hearing or another proceeding under this Act remains subject to the jurisdiction of the institute.

Discipline proceedings

21   (1) The council may do the following:

(a) authorize an investigation into the conduct or competence of a member of the institute, to be carried out by an employee or officer, or a contractor retained by the institute for this purpose, if there is reason to believe that the member may have been guilty of one or more of the following:

(i) professional misconduct;

(ii) conduct unbecoming an agrologist;

(iii) incompetent performance of duties undertaken while engaged in agrology;

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

(i) cooperate with the investigation,

(ii) answer questions,

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

(iv) provide explanations on request;

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

(d) issue a citation ordering a discipline hearing under section 24 to inquire into the conduct or competence of a member of the institute;

(e) rescind a citation.

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

(a) authorize the council to summarily suspend or rescind the membership of a member of the institute convicted of an indictable offence, or to summarily reject the application of an applicant convicted of an indictable offence;

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

(c) specify the nature and extent of the requirements that may be imposed on a member in a notice issued under subsection (1) (b);

(d) govern the initiation or conduct of an appearance before the council or a committee under subsection (1) (c);

(e) govern the issue or rescission of a citation.

Search and seizure

22   (1) The institute may apply to the Supreme Court for an order stating that files, records or other evidence, wherever located, belonging to or relating to a member of the institute, be seized from the person named in the order if there are reasonable grounds to believe that the member may have committed or will commit

(a) professional misconduct,

(b) conduct unbecoming an agrologist, or

(c) a breach of this Act or the bylaws.

(2) An application under subsection (1) may be made without notice to anyone or on the notice that the court requires.

(3) The person making an application for the institute under subsection (1) must state on oath or by affirmation the grounds for believing

(a) the matter referred to in subsection (1), and

(b) that the seizure will produce evidence relevant to that matter.

(4) In an order under subsection (1), the court may

(a) designate the person who will conduct the seizure and authorize that person to conduct it,

(b) state the time and place the seizure will take place, and

(c) give any other directions necessary to carry out the seizure.

(5) This section does not apply to files, records or other evidence subject to solicitor-client privilege.

Confidentiality

23   (1) A person who obtains information, files or records while carrying out an audit, a practice review or a discipline investigation must not disclose the information, files or records to anyone, unless it is for the purpose of carrying out a duty under this Act or unless it is required by law.

(2) Except in respect of a proceeding under this Act, a person to whom subsection (1) applies must not be compelled in a civil proceeding to disclose or give evidence respecting any information, files or records obtained in the course of conducting an audit, a practice review or a discipline investigation.

Discipline hearings

24   (1) This section applies to the hearing of a citation.

(2) A discipline hearing must be conducted before a panel.

(3) A panel conducting a discipline hearing must

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

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

(c) record in writing an order for costs.

(4) After a discipline hearing, a panel must do one of the following:

(a) dismiss the citation;

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

(i) professional misconduct;

(ii) conduct unbecoming an agrologist;

(iii) incompetent performance of duties undertaken while engaged in agrology.

(5) If, under subsection (4), an adverse determination is made against a respondent, other than an articling agrologist, the panel must do one or more of the following:

(a) reprimand the respondent;

(b) impose a penalty on the respondent in an amount not exceeding $10 000;

(c) impose conditions on the respondent's registration as a member of the institute;

(d) suspend the respondent's membership in the institute

(i) for a specified period of time,

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

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

(e) rescind the respondent's membership in the institute;

(f) require the respondent to

(i) complete a remedial program to the satisfaction of the council or a committee, or

(ii) appear before a board of examiners appointed by the council or a committee and satisfy the board or committee that the respondent is competent to practise agrology.

(6) If, under subsection (4), an adverse determination is made against an articling agrologist, the panel may do one or more of the following:

(a) reprimand the articling agrologist;

(b) impose a penalty on the articling agrologist in an amount not exceeding $2 000;

(c) rescind the enrolment of the articling agrologist.

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

Panels to conduct admission hearings and discipline hearings

25   (1) The council, or an officer or a committee authorized to do so by the council, must appoint panels as required to conduct hearings under section 7 or 24.

(2) Subject to subsection (1), the council may make bylaws for

(a) the appointment and composition of panels, which may be different for admissions hearings under section 7 and discipline hearings under section 24, and

(b) the practice and procedure for proceedings before panels, which may

(i) be different for admissions hearings under section 7 and discipline hearings under section 24, and

(ii) provide for oral or written hearings.

(3) A panel may order an applicant or a respondent who is the subject of a hearing under section 7 or 24 to do the following:

(a) give evidence on oath or by affirmation;

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

Failure to attend

26   (1) This section applies if an applicant or a respondent fails to attend or remain in attendance at any of the following hearings, as applicable:

(a) an admissions hearing under section 7;

(b) a discipline hearing under section 24;

(c) a review by the council under section 30.

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

Right to counsel

27   (1) An applicant or a respondent may appear with counsel at any applicable hearing referred to in section 26 (1).

(2) The council, an employee, an officer or a committee may employ or retain legal or other assistance in carrying out any power, authority or jurisdiction conferred under this Act, including the conduct of an audit, a practice review or a discipline investigation, or the issue of a citation, and may be represented by counsel at any hearing referred to in section 26 (1).

(3) A panel, or the council with respect to a review under section 30, may employ or retain legal or other assistance in conducting a hearing.

Witnesses

28   (1) For the purposes of a discipline hearing under section 24 of this Act, sections 34 (3) and (4), 48 and 49 of the Administrative Tribunals Act apply to the panel.

(2) The institute or a respondent may apply to the Supreme Court, without notice to anyone, for an order that a subpoena in the form set out in the Supreme Court Civil Rules be issued to compel the attendance of a person as a witness at a discipline hearing under section 24.

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

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

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

Costs

29   (1) A panel, in the context of a discipline hearing under section 24, or the council, in the context of a review under section 30 of a determination, an order or a decision arising out of the discipline hearing, may require the respondent to pay the costs of any or all of the following:

(a) a discipline investigation;

(b) the hearing under section 24;

(c) the review under section 30.

(2) Costs assessed under subsection (1)

(a) must not exceed the actual costs incurred by the institute during the course of the investigation, hearing or review, and

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

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

(a) the factors to be considered in assessing costs;

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

(c) the time allowed for payment of costs;

(d) the extension of time for payment of costs.

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

Review on the record

30   (1) Within 30 days after receiving notice of a determination, an order or a decision of a panel under section 7 or 24, the applicant or respondent may apply in writing to the council for a review on the record.

(2) On receipt of a request under subsection (1), the council must conduct a review on the record.

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

(4) After a hearing under this section, the council may

(a) confirm the determination, order or decision of the panel,

(b) substitute a determination, order or decision that the panel could have made under this Act, or

(c) send the matter back to the panel with directions.

(5) The council may make bylaws establishing

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

(b) the practice and procedure for proceedings before the council under this section, which may

(i) be different for reviews of determinations, orders or decisions arising out of admissions hearings under section 7 and reviews of determinations, orders or decisions arising out of discipline hearings under section 24, and

(ii) provide for oral or written hearings.

Appeal

31   (1) An applicant or respondent who is the subject of a determination, order or decision of the council under section 30, may appeal the determination, order or decision to the Supreme Court on a question of law or jurisdiction.

(2) The Supreme Court may confirm, vary or reverse the determination, order or decision referred to in subsection (1) or send the matter back to the council with directions.

(3) An appeal under this section must be brought within 30 days after written notice of the determination, order or decision was given to the applicant or respondent.

(4) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.

Injunctions

32   (1) The institute may apply to the Supreme Court for an injunction restraining a person from contravening this Act or the bylaws.

(2) The court may grant an injunction sought under subsection (1) if the court is satisfied that there is reason to believe that there has been or will be a contravention of this Act or the bylaws.

(3) The court may grant an interim injunction until the outcome of an action commenced under subsection (1).

Offence

33   (1) Section 5 of the Offence Act does not apply to this Act or to the bylaws.

(2) A person who contravenes section 17 commits an offence and on conviction may be liable to a fine of up to $5 000.

(3) In a prosecution under subsection (2),

(a) a certificate signed by the registrar stating that a person is or is not

(i) a member of the institute, or

(ii) a member within a particular category or subcategory,

is, in the absence of evidence to the contrary, conclusive proof that the person is or is not a member of the institute or a member within a particular category or subcategory, and

(b) it is sufficient proof of the offence to establish that a person committed a single instance of the alleged offence.

(4) If a contravention of section 17 occurs on more than one occasion, the person is liable, without notice and without a separate charge being laid, to a separate fine of up to $5 000 for each occasion on which the contravention occurs.

Protection against lawsuits

34   (1) Subject to subsection (2), no legal proceedings for damages lies or may be commenced or maintained against a councillor, employee or officer, or any other individual acting on behalf of the institute or under the direction of the council, including a member of a panel appointed under section 25, because of anything done or omitted

(a) in the performance or intended performance of any duty on behalf of the institute or the council under this Act, or

(b) in the exercise or intended exercise of any power on behalf of the institute or the council under this Act.

(2) Subsection (1) does not apply to an individual referred to in that subsection in relation to anything done or omitted in bad faith.

(3) The institute must indemnify an individual referred to in subsection (1) for any costs or expenses incurred by the individual in any legal proceedings taken for anything done or not done in good faith while acting or purporting to act on behalf of the institute under this Act.

(4) Subsection (1) does not absolve the institute from vicarious liability arising out of anything done or omitted by an individual referred to in that subsection for which the institute would be vicariously liable if this section were not in force.

(5) The council may purchase and maintain insurance

(a) protecting the institute, its councillors, employees and officers and former councillors, employees and officers, and panel members and former panel members, against liability arising out of the operations or activities of the institute, and

(b) providing for indemnity with respect to any claims arising out of acts done or not done by those individuals in good faith while acting or purporting to act on behalf of the institute.

Repeal Spent

35   [Repeal. Spent. 2003-13-35.]

Commencement

36   This Act comes into force by regulation of the Lieutenant Governor in Council.