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Architects (Landscape) Act

[RSBC 1996] CHAPTER 18

Contents
1Definitions
2Society continued
3Suits and contracts
4Financial powers
5Head office and branch societies
6Membership
7Board of directors
8Board of examiners
9Bylaws continue
10Bylaws
11Objects
12Designation
13Dissolution

Definitions

1  In this Act:

"board" means the board of directors of the society;

"society" means The British Columbia Society of Landscape Architects.

Society continued

2  (1) The British Columbia Society of Landscape Architects, incorporated under the Society Act, and its members, are continued as a corporation under that name.

(2) The society must have a common seal.

(3) The society

(a) has perpetual succession,

(b) has power to acquire property,

(c) may sell, exchange, mortgage, lease, let, improve and develop property, and

(d) may erect and maintain buildings on its property.

(4) The Society Act, except those provisions of it contained in sections 15, 16, 18 to 20, 24, 37 to 39, 42 to 53 and 59 of the Societies Act, R.S.B.C. 1960, c. 362, applies to the society.

(5) If there is a conflict or inconsistency between this Act and the Society Act, this Act prevails.

Suits and contracts

3  The society may sue and be sued, and may contract and be contracted with, in its corporate name.

Financial powers

4  The society may, subject to any conditions required by its bylaws,

(a) borrow, raise or secure the payment of money, and

(b) draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, and other negotiable or transferable instruments.

Head office and branch societies

5  (1) The head office of the society must be in the City of Vancouver.

(2) The society may establish and maintain branch societies which have the powers the society may confer.

(3) On the establishment of a branch society, the society must

(a) immediately notify the Registrar of Companies of the date of the establishment and of the title, location and powers of the branch society, and

(b) furnish any other information required by the Registrar of Companies.

(4) The Registrar of Companies must not incorporate any branch of the society unless the registrar is first furnished with a certificate made under the common seal of the society consenting to the incorporation nor unless any other requirements set out in the certificate are fulfilled.

(5) A branch of the society must not exercise any power the exercise of which would be in conflict with any bylaw of the society or with any requirement of the certificate furnished under subsection (4), without the prior consent in writing of the society.

(6) To the extent that the certificate furnished under subsection (4) provides, the bylaws of the society are the bylaws of the branch society.

Membership

6  (1) On payment of the specified fee, if any, and written application, the board must register as a member of the society a person who satisfies the board that he or she has passed the examinations set by the board of examiners.

(2) On payment of the specified fee, if any, and written application, the board may accept as a member of the society a person who satisfies the board that he or she

(a) has passed examinations outside British Columbia equivalent to those set by the board of examiners for candidates in British Columbia, or

(b) is or has been practising landscape architecture outside British Columbia and is a member in good standing of a similar society or other entity or group in the jurisdiction in which the person is or has been practising, the membership qualifications for which are at least equivalent to the qualifications required for candidates for membership within British Columbia.

(3) The board of directors may also register persons as junior members, student members, honorary members and associate members, in accordance with and subject to the bylaws of the society.

Board of directors

7  (1) The affairs of the society must be managed by the board.

(2) The board must be elected and appointed and holds office in accordance with the bylaws of the society.

Board of examiners

8  (1) The board of examiners consists of the following:

(a) the president or a director of the society designated for the purpose by the president of the society;

(b) the past president or a director of the society designated for the purpose by the president of the society;

(c) 4 or more persons appointed by the Lieutenant Governor in Council including

(i)   a person nominated by the President of Kwantlen College,

(ii)   a person nominated by the Director of the School of Architecture and Landscape Architecture of The University of British Columbia,

(iii)   the head of the Landscape Architecture program of The University of British Columbia or a person nominated by the Dean of the Faculty of Applied Science of The University of British Columbia, and

(iv)   a person chosen to represent the public interest in the development and maintenance of proper standards of professional practice in landscape architecture in British Columbia.

(2) The board of examiners must set and hold regular examinations in British Columbia at least once in each year at the place and the time specified by the board of examiners.

(3) The board of examiners may set and hold special examinations on the terms and conditions regarding the defraying of the expenses of the examinations as the board of examiners may specify in each instance.

(4) The board of examiners must prescribe the rules of procedure to be followed and enforced at all examinations.

(5) The board of examiners may appoint one or more of its members to preside at any regular or special examination or part of an examination.

(6) As soon as feasible after holding an examination, the board of examiners must notify the board of the results.

Bylaws continue

9  (1) So far as not inconsistent with this Act, the bylaws of The British Columbia Society of Landscape Architects are the bylaws of the society.

(2) The bylaws of the society must not be altered or added to except by an extraordinary resolution of the society.

(3) An extraordinary resolution of the society altering or adding to the bylaws must be filed in duplicate with the Registrar of Companies, who must register one copy and return the other copy, certified as having been registered by the registrar.

(4) Nothing that is in conflict with this Act may be included in the bylaws, and the bylaws must not contain anything contrary to law.

(5) The bylaws of the society and any amendments to them must be published in one issue of the Gazette.

Bylaws

10  (1) Subject to section 9 (2), the board may make bylaws for all purposes relating to the affairs, business, property and objects of the society.

(2) Without limiting subsection (1), the power of the board to make bylaws includes all of the following:

(a) registration of members, issue of membership certificates, and qualifications for registration of junior members, student members, honorary members and associate members;

(b) holding, place and conduct of annual meetings and other meetings of the society, notices and consents prerequisite to the meetings, quorums, voting rights at meetings, and all other matters connected with the meetings;

(c) qualifications of directors, their numbers, term of office, and all matters relating to their election and appointment;

(d) filling of vacancies in the board;

(e) matters relating to meetings of the board;

(f) appointment, functions, duties and removal of officers and servants of the society and their remuneration, if any;

(g) establishment of executive, membership and other committees of the society, membership in them, and their powers and duties;

(h) keeping of records and making of reports for and by the society;

(i) making of contracts for and by the society and the signing and issuance of cheques, drafts or other orders for payment of money, notes or other evidences of indebtedness by the society;

(j) custody and use of the society seal;

(k) establishing, levying, paying, remitting and collecting of membership and registration fees, their amounts, and requirements regarding payment;

(l) conduct generally of the affairs of the society.

Objects

11  The objects of the society are the following:

(a) to uphold public health, safety and welfare as it relates to the professional practice of landscape architecture in British Columbia;

(b) to nurture and further the professional application of landscape architectural knowledge and technique as it relates to the planning, design, development, preservation, protection, restoration, reclamation, rehabilitation, enhancement and management of the environment;

(c) to advance landscape architectural knowledge and technique;

(d) to further and maintain proper standards of professional landscape architectural practice in British Columbia.

Designation

12  (1) A person who is a member in good standing of the society is entitled to use the designation "Landscape Architect".

(2) A person who is not a member in good standing of the society must not assume or use that designation in any manner or represent that the person is entitled to do so.

Dissolution

13  (1) If it appears to the Registrar of Companies that the society has failed for any period of 2 years to make or send or file any return, notice or document required to be made or sent or filed to the Registrar of Companies under the Society Act, or if the Registrar of Companies has reasonable cause to believe that the society is not in operation, the registrar may report that belief to the Attorney General.

(2) Despite anything in this Act, on receipt of the report of the Registrar of Companies, the Lieutenant Governor in Council may revoke and cancel the incorporation of the society and declare the society to be dissolved.