Qp Date

Applied Science Technologists

and Technicians Act

[RSBC 1996] CHAPTER 15

Contents
 1 Definitions
 2 Association continued
 3 Objects of the association
 4 Powers of the association
 5 Council continued
 6 Registrar and executive director
 7 Council members and officers
 8 Registration
 9 Certificate of registration
 10 Suspension and cancellation
 11 Membership list
 12 Board of Examiners continued
 13 Registration approval
 14 Review by council
 15 Prohibition
 16 Injunction
 17 Section 5 of Offence Act inapplicable
 18 Power to make regulations
 19 Bylaws

Definitions

1  In this Act:

"applied science technologist" means an individual who holds a certificate of registration under this Act;

"association" means the Applied Science Technologists and Technicians of British Columbia;

"board" means the Board of Examiners under section 12;

"bylaws" means the bylaws made by the council under section 19;

"certified technician" means an individual who holds a certificate of registration under this Act;

"council" means the council of the association;

"member" means an applied science technologist or certified technician registered as a member of the association.

Association continued

2  (1) The Applied Science Technologists and Technicians of British Columbia is continued as a corporation.

(2) The abbreviated form of the name of the association is "A.S.T.T.B.C."

Objects of the association

3  The objects of the association are the following:

(a) to maintain, improve and increase the knowledge, ability and competence of the members of the association;

(b) to regulate standards of training and practice of and for its members and to protect the interests of the public;

(c) to establish, maintain and develop standards of ethics among its members;

(d) to do all lawful things that are incidental or conducive to the accomplishment of these objects.

Powers of the association

4  The association may do any or all of the following:

(a) acquire and dispose of real and personal property;

(b) borrow money for the purposes of the association and mortgage or charge real or personal property of the association or its sources of funds as security;

(c) receive, manage and invest contributions and donations from members or others as a benevolent fund for the benefit of needy members, or their families and the families of deceased members;

(d) receive, manage and invest contributions and donations from members or others as a fund for the granting of awards, scholarships, bursaries or grants to further the objects of the association.

Council continued

5  (1) The council is continued as the governing body of the association.

(2) The council must manage and conduct the business and affairs of the association and exercise the powers of the association in the name of and on behalf of the association.

(3) The council must convene a general meeting of the members once in each calendar year, called the annual general meeting, for the transaction of business that may be brought before the meeting, at the time and place determined by the council under the regulations.

Registrar and executive director

6  (1) The council must appoint a registrar.

(2) The council must appoint an executive director as the executive officer of the association under the direction of council with the powers that are established by council for the proper administration and enforcement of this Act, the regulations and bylaws.

Council members and officers

7  (1) The council consists of at least 10 members, as prescribed by the regulations.

(2) The members of the council must have the qualifications, be elected or appointed in the manner, and hold office for the term provided in the regulations.

(3) The association must elect from among its members a president, vice president and secretary treasurer.

(4) The association may appoint other officers it considers necessary, including a member to occupy a vacancy on the council.

Registration

8  (1) In accordance with the regulations and subject to the direction of the council, the registrar must maintain a register of members.

(2) The registrar must enter in the register the name of a person who has paid the fee prescribed by the regulations and whose registration has been approved by the board.

(3) In accordance with the regulations and subject to the direction of the council, the registrar must maintain the membership record of the members in each class or category of membership established under the regulations.

Certificate of registration

9  (1) On entering the name of an applied science technologist or certified technician in the register, the registrar must issue a certificate of registration to the person.

(2) A certificate of registration issued under this section entitles the holder to use the title applied science technologist or certified technician.

(3) A person referred to in subsection (2) may use the abbreviation "A.Sc.T." for the title "applied science technologist" and may use the abbreviation "C.Tech." for the title "certified technician".

(4) The registrar must issue an annual certificate of registration in accordance with the regulations to a member whose registration is not under suspension and who has paid the annual fee.

Suspension and cancellation

10  (1) The registration of a member is suspended when a decision to suspend the registration is made in accordance with this Act.

(2) The registrar must enter a memorandum of suspension of a registration in the appropriate register indicating the duration of the suspension and the reason for the suspension.

(3) The registration of a member is cancelled when a decision to cancel the registration is made in accordance with this Act.

(4) The registrar must enter a memorandum of cancellation of a registration in the appropriate register indicating the reason for the cancellation.

(5) The registrar must not remove from the register a memorandum made by the registrar under this section except in accordance with the regulations.

Membership list

11  The registrar must maintain the list of all the members in good standing and, during regular office hours, permit any person to inspect the list.

Board of Examiners continued

12  (1) The Board of Examiners is continued.

(2) The board must consider applications for the registration of applicants as members, in accordance with this Act, the regulations, the bylaws and the Labour Mobility Act, and may, subject to the Labour Mobility Act,

(a) approve the registration,

(b) refuse the registration, or

(c) defer the approval of registration until the board is satisfied that the applicant has complied with a requirement made under this section.

(3) Subject to section 3 (3) and (4) of the Labour Mobility Act, the board may, in its discretion, require an applicant for registration

(a) to pass one or more examinations set by the board,

(b) to obtain more experience of a kind satisfactory to the board for a period set by the board, or

(c) to pass one or more examinations and obtain more experience before the board approves the registration.

Registration approval

13  The board must approve the registration of a person as a member

(a) on proof to the satisfaction of the board that all of the following apply:

(i)   the person is of good character and reputation;

(ii)   the person is a Canadian citizen or permanent resident of Canada;

(iii)   the person's education and experience meet the requirements of the regulations and bylaws, or

(b) if the person is a person whose registration as a member the board is obliged under the Labour Mobility Act to approve.

Review by council

14  (1) The board must send a written notice of any decision made by it under this Act to the applicant.

(2) If the decision made by the board is to refuse or defer registration of the applicant, reasons for the decision must be sent in writing to the applicant.

(3) If the decision made by the board is to approve the registration, the registrar must publish a notice of approval in accordance with the regulations.

(4) An applicant whose application for registration has been refused by the board may, within 30 days of receiving a notice of refusal and the reasons for the refusal, request the council to review the application by serving on the registrar a written request for review by the council setting out the reasons why, in the opinion of the applicant, the registration as a member should be approved.

(5) After receipt of a request for review under this section, the council must review the application.

(6) The applicant for registration

(a) must be notified in writing by the council of the date, place and time that it will consider the matter, and

(b) is entitled to appear with counsel and make representations to the council when it considers the matter.

(7) A member of the board who is also a member of the council may not participate at a review by the council under this section.

(8) On hearing a review under this section, the council may make any decision the board may make under this Act.

Prohibition

15  (1) A person, other than a member of the association, must not take or use any name, title, addition or description, by means of a middle initial or letters placed after the person's name, or otherwise state or imply or take any action calculated to lead people to infer that the person is a member of the association.

(2) A person other than a member of the association must not use the abbreviated form of the name of the association or any other abbreviation alone or in combination with any other word or name in any way that expressly or by implication infers that the person is a member of or connected in any way with the association.

Injunction

16  If a person contravenes section 15, the association may apply to the Supreme Court for an injunction.

Section 5 of Offence Act inapplicable

17  Section 5 of the Offence Act does not apply to this Act.

Power to make regulations

18  (1) The council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the council may make regulations as follows:

(a) respecting the establishment of categories of and conditions for the enrollment of members;

(b) respecting the qualifications of and experience requirements for applicants for registration;

(c) respecting the eligibility of applicants generally for registration;

(d) governing the conduct of members of the association in their practice by prescribing a code of ethics, rules of conduct and standards of practice, and by providing for the suspension, expulsion or other penalty for misconduct, incapacity or incompetence;

(e) governing, subject to this Act, the operation and proceedings of the board;

(f) providing for the making of bylaws;

(g) for the government of the association and the management and conduct of its affairs;

(h) respecting the nomination, election, number, term of office and duties of council members and officers of the association, including, without limitation, the president, vice president and secretary treasurer;

(i) providing for the appointment of acting members of the council and procedures for the election or appointment of members to fill vacancies on the council;

(j) prescribing the number of members that constitutes a quorum at meetings of the association;

(k) governing the establishment, operation and proceedings of committees, the appointment of members of committees, the appointment of acting members and procedures for filling vacancies on committees, and the delegation of powers or duties of the council under this Act to a committee established by the council under this Act;

(l) prescribing fees and expenses payable to members of the association for attending to the business of the association;

(m) respecting the establishment and payment of sums of money for scholarships and other educational incentives or benefit programs that the council considers appropriate;

(n) respecting the setting of fees, dues and levies and requiring their payment to the association by the members;

(o) respecting the establishment, content and maintenance of registers of members and of records of other classes or categories of membership;

(p) establishing rules of general conduct binding on members;

(q) respecting the management of the property of the association;

(r) prescribing the notice, the time, the place and the order of business of meetings of members and of the council;

(s) respecting the exercise of absentee voting by mail ballot or proxy voting;

(t) providing for the continuing education of the members;

(u) respecting the duties and authority of the registrar;

(v) respecting the banking and finance of the association, including, without limitation, the investment of funds of the association;

(w) setting the financial year of the association and providing for an annual audit of the accounts and transactions of the association.

(3) A regulation under subsection (1) or (2) comes into force on its enactment by the council, but is revoked by operation of law at the closing of the next annual general meeting following the making of the regulation unless, before that time, it is approved by 75% of the members

(a) present and voting at the annual general meeting, or

(b) voting by a mail vote conducted in accordance with the regulations.

Bylaws

19  The council may in accordance with the regulations make bylaws as follows:

(a) determining the location of the head office of the association;

(b) prescribing the seal and other insignia of the association and providing for their use;

(c) providing for the execution of documents by the association;

(d) respecting the establishment, operation and use of publications of the association;

(e) prescribing forms and providing for their use;

(f) for all other provisions considered necessary or convenient for the management of the association and the conduct of its affairs and not provided for in the regulations.