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S.M. 2015, c. 37

Bill 31, 4th Session, 40th Legislature

The Registered Professional Planners Act

Back to the Act

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