4th Session, 40th Legislature
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Bill 31
THE REGISTERED PROFESSIONAL PLANNERS ACT
Section |
Table of Contents |
| PART 1 | |
| INTERPRETATION | |
| 1(1) | Definitions |
| (2) | Reference to "Act" includes by-laws |
| PART 2 | |
| MANITOBA PROFESSIONAL | |
| PLANNERS INSTITUTE | |
| 2(1) | Institute established |
| (2) | Membership |
| (3) | Powers and capacity |
| (4) | Duty to serve the public interest |
| (5) | Mandate of the institute |
| (6) | Annual general meetings |
| (7) | Special general meetings |
| (8) | Notice of meetings |
| 3(1) | Council established |
| (2) | Council to manage affairs |
| (3) | Composition of the council |
| (4) | Public representatives |
| (5) | By-laws for election or appointment of members |
| 4(1) | Council appointments |
| (2) | Appointment of registration committee |
| PART 3 | |
| BY-LAWS | |
| 5(1) | By-laws |
| (2) | Approval of by-laws |
| 6 | By-laws are public documents |
| PART 4 | |
| REGISTRATION | |
| REGISTERS | |
| 7(1) | Establishing registers |
| (2) | Entry in the register of RPPs or candidate members |
| (3) | Entry in other registers |
| (4) | Registers are open to the public |
| 8(1) | Removal from register |
| (2) | Effect of removal from register |
| REGISTRATION | |
| 9(1) | Registration as a registered professional planner |
| (2) | Registration as a candidate member |
| (3) | Name to be entered in appropriate register |
| 10(1) | Application for registration not approved |
| (2) | Appeal to the council |
| (3) | Hearing |
| (4) | Right to appear and make representations |
| (5) | Participation by registration committee |
| (6) | Decision by the council |
| (7) | Notice of decision on appeal |
| (8) | Appeal to court |
| (9) | Powers of court on appeal |
| 11(1) | Certificate of registration to be issued |
| (2) | Period of validity of certificate |
| 12 | Renewal of membership |
| PROHIBITIONS | |
| 13 | Prohibitions on holding out or use of title |
| 14 | False or misleading information |
| PART 5 | |
| COMPLAINTS | |
| 15 | Definitions |
| COMPLAINTS COMMITTEE | |
| 16(1) | Complaints committee |
| (2) | Public representatives |
| 17(1) | Complaints against members |
| (2) | Complaints against former members |
| 18(1) | Referral to complaints committee |
| (2) | Notice of referral |
| 19(1) | Informal resolution |
| (2) | Investigation |
| (3) | Persons eligible to be an investigator |
| (4) | Records and information |
| (5) | Failure to produce records |
| (6) | Investigation of other matters |
| (7) | Report to the complaints committee and investigated member |
| DECISION OF COMPLAINTS COMMITTEE | |
| 20(1) | Decision of complaints committee |
| (2) | Matter not resolved by mediation |
| (3) | Decision given to member and complainant |
| (4) | Hearing not required |
| 21(1) | Conditions on right to practise |
| (2) | Costs |
| CENSURE | |
| 22(1) | Personal appearance |
| (2) | Publication of censure |
| (3) | Order for costs |
| VOLUNTARY SURRENDER OF REGISTRATION | |
| 23(1) | Voluntary surrender of registration |
| (2) | Order for costs |
| 24 | Conditions on reinstatement |
| APPEAL BY COMPLAINANT | |
| 25(1) | Appeal by complainant to the council |
| (2) | Notice |
| (3) | Power on appeal |
| (4) | Notice of decision |
| (5) | Hearing not required |
| MISCELLANEOUS | |
| 26 | Referral to inquiry committee |
| 27 | Disclosure of information to authorities |
| INQUIRY COMMITTEE | |
| 28(1) | Inquiry committee |
| (2) | Public representatives |
| 29(1) | Selection of panel |
| (2) | Composition |
| (3) | Exclusion from panel |
| (4) | Effect of member being unable to continue |
| HEARINGS | |
| 30(1) | Hearing |
| (2) | Date of hearing |
| (3) | Notice of hearing |
| (4) | Public notice of hearing |
| 31(1) | Procedure |
| (2) | Rules of evidence do not apply |
| (3) | Right to appear and be represented |
| (4) | Adjournments |
| (5) | Recording of evidence |
| 32(1) | Member may examine documentary evidence |
| (2) | Member to provide documentary evidence |
| (3) | Evidence of expert without report |
| (4) | Failure to comply — documentary evidence or summary |
| 33 | Investigation of other matters |
| 34(1) | Hearing open to public |
| (2) | Request for private hearing |
| (3) | When private hearing may be held |
| (4) | Reasons for excluding the public to be available |
| 35(1) | Evidence |
| (2) | Power to administer oaths |
| 36(1) | Witnesses |
| (2) | Notice to attend and produce records |
| (3) | Registrar to provide notices |
| (4) | Witness fees |
| (5) | Failure to attend or give evidence |
| 37 | Hearing in absence of member |
| DECISION OF PANEL | |
| 38(1) | Decision of the panel |
| (2) | Findings of panel |
| 39(1) | Orders of the panel |
| (2) | Panel may consider past censure |
| (3) | Ancillary orders |
| (4) | Costs when conditions imposed |
| (5) | Contravention of order |
| 40(1) | Costs and fines |
| (2) | Nature of costs |
| (3) | Failure to pay costs and fines by time ordered |
| (4) | Filing of order |
| THE DECISION | |
| 41(1) | Written decision |
| (2) | Decision forwarded to registrar |
| (3) | Service of decision |
| (4) | Copies of transcript |
| 42 | Publication of decision |
| APPEAL TO COURT OF APPEAL | |
| 43(1) | Appeal to Court of Appeal |
| (2) | Commencement of appeal |
| (3) | Appeal on the record |
| 44 | Powers of Court on appeal |
| 45 | Stay pending appeal |
| REINSTATEMENT | |
| 46 | Reinstatement |
| PART 6 | |
| COMPLIANCE | |
| INSPECTORS | |
| 47(1) | Appointment of inspectors |
| (2) | Review of a practice |
| 48(1) | Entry of premises and inspection of records |
| (2) | Entry of dwelling with consent |
| (3) | Admissibility of copies |
| (4) | Warrant for entry and inspection |
| (5) | Abandoned building not a dwelling |
| (6) | Conditions |
| (7) | Obtaining assistance |
| (8) | Concealing, etc., records from an inspector |
| OFFENCES | |
| 49(1) | Offence |
| (2) | Offence re confidentiality of information |
| (3) | Officers, directors and employees |
| (4) | Limitation on prosecution |
| (5) | Fines payable to the government |
| (6) | Prosecution of offence |
| (7) | Stay of proceedings |
| 50 | Single act of unauthorized practice |
| INJUNCTION | |
| 51 | Injunction |
| PART 7 | |
| GENERAL PROVISIONS | |
| SERVICE OF DOCUMENTS | |
| 52(1) | Service of documents |
| (2) | Deemed receipt |
| REGISTRAR'S CERTIFICATE | |
| 53 | Registrar's certificate |
| PROTECTION FROM LIABILITY | |
| 54 | Protection from liability |
| CONFIDENTIALITY OF INFORMATION | |
| 55 | Confidentiality of information |
| EMPLOYER'S RESPONSIBILITY | |
| 56 | Responsibility to report misconduct |
| PART 8 | |
| TRANSITIONAL, C.C.S.M. REFERENCE | |
| AND COMING INTO FORCE | |
| 57 | Membership continued — full members |
| 58(1) | Powers of existing council, etc., under this Act |
| (2) | Existing council continued |
| 59 | C.C.S.M. reference |
| 60 | Coming into force |