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The Professional Home Economists Act
This is an unofficial archived version.
This version was current from October 9, 2008 to December 31, 2013.

Note: It does not reflect any retroactive amendment enacted after December 31, 2013.
To find out if an amendment is retroactive, see the coming-into-force provisions
at the end of the amending Act.

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C.C.S.M. c. H70

The Professional Home Economists Act

(Assented to March 15, 1990)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART I

INTERPRETATION AND INCORPORATION

Definitions

1           In this Act,

"association" means the Manitoba Association of Home Economists incorporated under this Act; (« Association »)

"board" means the board of directors of the association; (« conseil »)

"by-laws" means the by-laws of the association; (« règlements administratifs »)

"certificate" means a certificate of registration issued under this Act; (« certificat »)

"complaints committee" means the complaints committee established under Part IV; (« comité des plaintes »)

"director" means a member of the board; (« administrateur »)

"discipline committee" means the discipline committee established under Part VI; (« comité de discipline »)

"inquiry" means an inquiry before the discipline committee under Part VI; (« enquête »)

"investigation officer" means the investigation officer appointed under Part V; (« agent chargé des investigations »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"practice of home economics" includes every act with or without reward which has as its objective the discovery, integration and application of physical and social science principles for the purpose of enhancing the quality of people's daily lives and, without restricting the generality of the foregoing, includes the act of advising individuals, families, organizations and businesses, disseminating information, planning, conducting and evaluating educational programs and conducting research related to

(a) knowledge and skills required for satisfying basic needs for food, clothing, shelter and human relationships,

(b) consumer goods and services,

(c) management of individual and family resources, and

(d) public and private sector policies and programs affecting the well-being of individuals and families; (« exercice de l'économie domestique »)

"president" means the president of the association; (« président »)

"professional home economist" means a person who is trained in the practice of home economics; (« conseiller en économie domestique »)

"register" means the register of the association; (« registre »)

"registered" means entered in the register; (« inscrit »)

"registrar" means the registrar of the association; (« registraire »)

"registration" means registration as a professional home economist under this Act; (« inscription »)

"roster" means a roster of members of the association maintained under this Act. (« liste »)

Corporate status and powers

2           The Manitoba Association of Home Economists is continued as a body corporate under that name and, subject to the provisions of this Act and The Corporations Act, has the capacity, rights, powers and privileges of a natural person.

PART II

BOARD OF DIRECTORS

Board to manage affairs

3(1)        The affairs of the association shall be managed by a board consisting of 12 directors or such larger number of directors as the by-laws may provide.

Appointment or election of directors

3(2)        Two of the directors shall be persons who are not members of the association and shall be appointed by the minister, and the remaining directors shall be appointed or elected in accordance with the by-laws.

First directors

3(3)        The officers of the association in office on the coming into force of this Act shall be the first directors of the association under this Act and shall continue in office until their successors are appointed or elected under this Act.

Quorum

3(4)        A majority of the directors constitutes a quorum for the transaction of business.

By-laws

4(1)        The board may make by-laws, not inconsistent with any other provision of this Act,

(a) prescribing the various annual and other fees payable by members of the association and applicants for membership in the association, fixing the amounts thereof and providing for their collection;

(b) prescribing the number of directors required to constitute the board, specifying whether the directors are to be appointed or elected and the manner of their appointment or election;

(c) fixing and regulating the time and place of and the manner of calling and conducting annual and special general meetings of the association and meetings of the board;

(d) providing for the organization of regional and other divisions of the association;

(e) prescribing the terms of office of members of the board and the manner in which vacancies on the board may be filled;

(f) for developing, establishing and maintaining standards of professional ethics among the members of the association;

(g) creating one or more classes of membership in the association and prescribing the rights, privileges and obligations of the members of each class;

(h) governing the acquisition, management and disposal of the property of the association and the conduct and management of the affairs of the association;

(i) providing for the appointment and removal of agents, officers and employees of the association and their functions, duties and remuneration, and the security, if any, to be given by them to the association;

(j) establishing such standing and special committees as the board deems necessary for carrying out the business of the association;

(k) generally for facilitating all matters deemed by the board to be necessary or desirable for the administration of the association and for promoting the welfare of the association, its members and the profession of home economics;

(l) for promoting the professional development and continuing education of the members of the association;

(m) for establishing and awarding scholarships and prizes;

(n) designating the head office of the association;

(o) establishing a corporate seal for the association;

(p) amending or repealing any by-law made under any of clauses (a) to (o).

Submission of by-laws to members

4(2)        The board shall at least 30 days before the next meeting of the members of the association following the making of any by-law, submit the by-law to the members for approval, and the members, at that next meeting, may, by ordinary resolution, confirm, reject or vary the by-law.

Certain by-laws not effective until confirmed

4(3)        A by-law made under clause (1)(a), (b), (c), (d), (e), (f) or (g), or under clause (p) amending or repealing any by-law so made, is not effective until confirmed at a meeting of the members under subsection (2).

Certain by-laws effective immediately

4(4)        A by-law made under clause 1(h), (i), (j), (k), (l), (m) or (n), or under clause (p) amending or repealing any by-law so made, is effective from the date of the making thereof and,

(a) if confirmed or varied under subsection (2), remains effective thereafter as made or as varied; and

(b) if rejected under subsection (2), ceases to be effective on the date of the rejection.

Effect of acts done under rejected by-laws

4(5)        No act done or right acquired under any by-law referred to in subsection (4) is prejudicially affected by the subsequent rejection or variation thereof under subsection (2).

Members may propose by-laws

4(6)        Any member of the association entitled to vote at an annual meeting of the association may, at any general meeting thereof, propose the making of a by-law under subsection (1).

Proposals for by-laws to be sent to board

4(7)        A member intending to propose a by-law under subsection (6) shall, at least 60 days before the next annual meeting of the association, send a copy of the proposal to the president at the office of the association who shall forthwith communicate it to the members of the board.

Distribution of proposal

4(8)        Upon receiving a proposal for the making of a by-law under subsection (7), the board shall cause the proposal to be published in the agenda for the next general meeting of the association, and the agenda shall be distributed to the membership in accordance with the provisions of the by-laws, but where there is not sufficient time before the next general meeting to distribute the proposal in accordance with those provisions, then the proposal shall be contained in the agenda for the next following meeting and shall be distributed to the membership in accordance with those provisions prior to that meeting.

Regulations

5           The board may make regulations, not inconsistent with any other provision of this Act or the by-laws,

(a) regulating the admission, registration, renewal of registration, suspension, expulsion and reinstatement of members of the association, and prescribing the conditions precedent to membership in the association;

(b) prescribing conditions precedent for the entry of members' names in the rosters;

(c) for establishing standards for the practice of professional home economics;

(d) establishing standards for the education of professional home economists consistent with the changing needs of society;

(e) defining, on the basis of education, experience or otherwise, general and specialized areas of practice in home economics;

(f) prescribing standards of continuing education to be required of all persons registered under this Act.

PART III

MEMBERSHIP

Appointment of registrar

6(1)        The board may appoint a registrar who shall hold office for a period of time fixed by the board.

Register

6(2)        The board shall cause to be kept a register and shall enter therein the name of every person who becomes a member of the association in accordance with this Act.

Rosters

6(3)        In addition to the register, the board shall cause to be kept

(a) a roster of active practising members;

(b) a roster of members who are professional home economists in training;

(c) a roster of retired members;

(d) a roster of student members;

(e) a roster of honorary members; and

(f) a roster of members holding conditional certificates.

Membership

6(4)        Every person who is registered as a member of the Manitoba Association of Home Economists on the date this Act comes into force continues to be a member of the association subject to the provisions of this Act.

Entry of names in register and rosters

6(5)        The name of every person who qualifies for registration under the provisions of a regulation made pursuant to section 5 shall be entered in the register and in the appropriate roster, upon payment of the prescribed fee and upon producing to the registrar satisfactory evidence of qualification.

Appeal upon refusal of registration

6(6)        An applicant who is refused registration or entry in the appropriate roster by the registrar may, by written notice served within 30 days of receiving notice of the refusal and the reasons therefor, appeal therefrom to the board, and the board shall consider the appeal and upon making its decision shall forthwith report the decision in writing to the applicant.

Recovery of fees prohibited

7           No person shall bring an action in any court to recover fees, compensation or other remuneration for services performed as a professional home economist, unless that person is registered under this Act.

Inspection of register

8           The register shall be open for inspection by any person at the head office of the association at all reasonable times during regular business hours free of charge, but any officer or employee of the association may refuse access to the register to any person if there is reasonable cause to believe that the person seeks the access merely for commercial purposes.

Effect of registration

9(1)        Any person whose name is entered in the register and in the roster of active practising members is entitled to practise and, subject to any restrictions imposed by the by-laws, to indicate qualification as a professional home economist.

Honorary members

9(2)        Any person whose name is entered in the roster of honorary members shall not practise or indicate qualification as a professional home economist.

Conditional certificates

10          Any person whose name is entered in the roster of persons holding conditional certificates may practise and indicate qualification as a professional home economist, but subject always to the conditions and limitations applying to the certificate.

Prima facie evidence

11          A statement certified under the hand of an officer of the association indicating registration is prima facie evidence of the fact that the person named in the statement is registered under this Act, and is prima facie evidence of any conditions or limitations therein set out as applying to that person's registration.

Conditional registration

12          Where the board limits the right of a person to practise or indicate qualification as a professional home economist by imposing conditions, the name of the person together with particulars of the conditions imposed shall be entered in the roster of persons holding conditional certificates.

Removal of names from register

13(1)       The board shall cause the removal from the register of the name of any person

(a) at the request or with the written consent of the person; or

(b) where the name has been incorrectly entered; or

(c) where notification of the person's death is received; or

(d) where the person has been suspended from membership in the association; or

(e) where the person's registration has been revoked.

Restoration of names to register

13(2)       Subject to subsection (3), the board on such grounds as it deems sufficient may cause the name of any person removed from the register under subsection (1) to be restored thereto, either without fee or upon payment by the person to the association of a sum not exceeding such fees or other amounts as may be owing by the person to the association together with such additional amount as may be prescribed by the by-laws.

Restoring names to register on terms

13(3)       Where the name of a person who has been suspended or whose registration has been revoked is to be restored to the register under subsection (2), the board may direct that the name be restored subject to such terms and conditions as are required by the regulations or as the board may specify.

Employer's responsibility

14          Every person who employs a person as a professional home economist and every agency or registry that procures employment for a person as a professional home economist

(a) shall ensure that the professional home economist is registered and holds an appropriate certificate under this Act; and

(b) where the employment is suspended or terminated because of professional misconduct, incompetence or incapacity, shall report the matter to the board forthwith and provide a copy of the report to the professional home economist.

Offence by member

15(1)       Any person whose name is entered in the roster of persons holding conditional certificates who fails to comply with the conditions applying to the certificate is guilty of an offence.

Offence by employer

15(2)       Any person who employs a professional home economist entered in the roster of persons holding conditional certificates and who causes or knowingly permits that professional home economist to contravene or fail to observe the conditions applying to the professional home economist is guilty of an offence.

Review of qualifications

16          The board may from time to time review the qualifications of any member of the association and may impose terms, conditions or limitations on the member's registration, pending the demonstration of a standard of competence satisfactory to the board through the completion of such practical experience, courses of study or continuing education as the board may specify.

Membership certificate

17          The board shall cause a certificate of membership to be issued to every person whose name is entered in the register, and the certificate shall state the date upon which it expires, the type of membership and any conditions or limitations imposed on the person to whom the certificate is issued.

Standard of education

18          For the purposes of this Act, the board shall approve only those educational programs of home economics in which the standard required for graduation is considered by the board to be consistent with the standard established by the University of Manitoba for equivalent home economics programs.

Fraudulent misrepresentation

19          Any person who obtains, or attempts to obtain, registration as a member of the association or a certificate of such registration by making a false or fraudulent misrepresentation or declaration, either orally or in writing, and any person who knowingly assists in the making of such a misrepresentation or declaration, is guilty of an offence.

PART IV

COMPLAINTS COMMITTEE

Establishment of complaints committee

20          There shall be a complaints committee consisting of

(a) a person appointed by the board from among the directors, who shall be the chairperson of the complaints committee;

(b) two persons, who are not directors, appointed by the board from among the members of the association; and

(c) two persons who are not members of the association, one of whom shall be appointed by the minister and the second of whom shall be appointed by the board.

Rules and terms of office

21          The board shall make rules of procedure for the complaints committee and fix the terms of office of its members.

Informal resolution of complaints

22          The complaints committee shall receive complaints brought against any member of the association and shall attempt to resolve such complaints informally where it considers it appropriate to do so.

PART V

INVESTIGATION OFFICER

Appointment of investigation officer

23          The board shall appoint an investigation officer from among the directors.

Reference to investigation officer - complaints

24(1)       Where a complainant does not accept the resolution of the complaints committee with respect to any complaint brought by the complainant under section 22, the complaints committee shall refer the complaint to the investigation officer.

Reference to investigation officer - other matters

24(2)       Where the complaints committee finds or is of the opinion that a member of the association

(a) has been convicted of an indictable offence; or

(b) is guilty of professional misconduct or conduct unbecoming such a member; or

(c) has demonstrated an incapacity or unfitness to practise as a professional home economist or is suffering from an ailment that might, if the member continues to practise, constitute a danger to the public;

the complaints committee shall refer the matter to the investigation officer.

Preliminary investigation

25          Upon the referral of a matter by the complaints committee under section 24, the investigation officer shall conduct a preliminary investigation into the matter or direct that a preliminary investigation into the matter be conducted by the registrar or such other officer or person as the investigation officer may appoint for the purpose.

Production of books, documents, etc.

26          Where a preliminary investigation of a matter is conducted pursuant to section 25, the investigation officer or registrar or other officer or person conducting it may require the member who is the subject of the investigation or any other member of the association or any person

(a) to produce such books, records, registers, papers and other documents in the member's or person's possession or control as may be relevant to the investigation; and

(b) to attend at such time and place as may be required by the investigation officer, registrar, other officer or person, as the case may be.

Court order for production of documents

27          The investigation officer, for and in the name of the association, may apply ex parte to a judge of the Court of Queen's Bench for an order directing a member who is the subject of a preliminary investigation under section 25 or any other member of the association, or any person, to produce any thing required to be produced under section 26, where the member or person fails to produce it when required to do so under section 26, or where the judge is of the opinion that the issue of such an order is necessary in the circumstances.

Investigation of further matters

28          The investigation officer or registrar or other officer or person conducting a preliminary investigation under this Part into a matter concerning a member of the association may investigate any other matter concerning the conduct, or the capability or fitness to practise as a professional home economist, of the member, that arises in the course of the investigation.

Action by person conducting preliminary investigation

29          Upon the conclusion of the preliminary investigation of a matter under this Part, a written report shall be prepared thereon and the investigation officer shall direct

(a) that no further action be taken with respect to the matter; or

(b) that the matter proceed to an inquiry under Part VI;

as the case may require in the opinion of the investigation officer, and shall in writing, sent by registered or certified mail or served personally, notify the complainant, if any, and the member who was the subject to the preliminary investigation, of the decision taken.

Appeal to discipline committee

30          Where, under section 29, the investigation officer directs that no further action by taken, the complainant may, not later than 15 days after the receipt of a notice to that effect, appeal from the direction to the discipline committee by filing a notice of appeal with the president or the registrar sent by registered or certified mail or served personally.

Suspension of member

31          Notwithstanding any other provision of this Act, the investigation officer may direct the registrar to suspend from practice any member of the association who is the subject of a preliminary investigation under this Part, pending or following the completion of the preliminary investigation, and thereupon the member is suspended from practice until the suspension is revoked by the board or the Court of Queen's Bench.

PART VI

DISCIPLINE COMMITTEE

Establishment of discipline committee

32(1)       There shall be a discipline committee consisting of

(a) one person appointed by the board with the minister's approval; and

(b) four persons appointed by the board from among the members of the association whose names are entered in the roster of active practising members.

Quorum

32(2)       Three members of the discipline committee constitute a quorum for the transaction of business.

Chairperson and vice-chairperson

32(3)       The board shall appoint a chairperson and vice-chairperson of the discipline committee from among the members thereof.

Association's representation at inquiries

32(4)       The association's solicitor may participate in any inquiry before the discipline committee but shall not vote thereat and shall not have participated in any investigation of the matter being dealt with at the inquiry.

Member of discipline committee not to investigate matter

32(5)       A person who is a member of the discipline committee shall not participate in or carry out any investigation of a matter that may be referred to the discipline committee for consideration.

Appeal by complainant

33          Upon receipt of a notice of appeal from a complainant pursuant to section 30, the discipline committee shall consider the matter, and the recommendation of the complaints committee thereon, and the report on any preliminary investigation conducted with respect to the matter, and shall direct

(a) that no further action be taken; or

(b) that the matter proceed to an inquiry pursuant to section 34;

as the case may require in the opinion of the discipline committee.

Fixing date of inquiry

34(1)       Where the investigation officer directs under section 29 that an inquiry be held into the conduct of a member, or the discipline committee decides to hold an inquiry into the conduct of a member, the discipline committee shall fix a date, time and place for the inquiry.

Service of notice

34(2)       Upon fixing the date, time and place of an inquiry under subsection (1), the discipline committee shall, at least 30 days prior to the date so fixed, exclusive of weekends and holidays, either serve written notice thereof personally upon the member who is the subject of the inquiry or send a copy of the notice by registered or certified mail, postage prepaid, to the member at the member's latest post office address shown in a roster of the association.

Effective date of service

34(3)       A notice sent by mail in accordance with subsection (2) is deemed to have been served on the date when it is posted.

Proof of service

34(4)       Proof of service of a notice served in accordance with subsection (2) may be by affidavit or statutory declaration.

Hearings to be held in Manitoba

34(5)       All hearings of the discipline committee shall be held at such place or places in Manitoba as the chairperson thereof may from time to time direct.

Hearings to be private

34(6)       All hearings of the discipline committee shall be held in private, unless the person whose conduct is the subject of the inquiry applies to the board for a public hearing and the board is satisfied that none of the parties to the hearing would be prejudiced by the holding of a public hearing, but where the board is not so satisfied and denies the application, it shall give written reasons for the denial.

Hearings in absentia

34(7)       Where the person whose conduct is the subject of an inquiry under this Part does not attend, without reasonable excuse communicated to the discipline committee before the time fixed for the inquiry, the discipline committee upon proof of service of the notice in accordance with this section, may proceed with the inquiry in the person's absence, and, without further notice to the person, take such action as it is authorized to take under this Act.

Right to counsel

34(8)       A person whose conduct is the subject of an inquiry under this Part is entitled to be represented at the inquiry by counsel or agent, and the person or the counsel or agent has the right to examine, prior to the date of the inquiry, all documents to be used at the inquiry.

Adjournment

34(9)       Hearings under this section may be adjourned from time to time.

Evidence under oath

34(10)      The testimony of witnesses at a hearing under this section shall be taken under oath and there shall be a full right to cross-examine all witnesses and to call evidence in defence and reply.

Administration of oath

34(11)      Any oath required to be administered pursuant to subsection (10) may be administered by any member of the discipline committee.

Service of subpoenas

34(12)      The discipline committee holding an inquiry under this Part, or any party to the inquiry, may obtain, on praecipe, from the Court of Queen's Bench, and serve, subpoenas for the attendance of witnesses and the production of books, documents and things at the inquiry.

Witness allowances

34(13)      Witnesses at an inquiry held under this Part are entitled to the same allowances as witnesses attending upon the trial of an action in the Court of Queen's Bench.

Certified copies of convictions as evidence thereof

34(14)      For the purposes of an inquiry held under this section, a certified copy from the convicting court of the conviction of a person for an offence under the Criminal Code (Canada) or any other statute is conclusive evidence that the person has committed the offence stated therein, unless it is shown that the conviction has been quashed or set aside.

Evidence by affidavit or viva voce

34(15)      Evidence may be adduced at an inquiry under this Part either by affidavit or viva voce or both, as the discipline committee may determine, but the name of a member of the association shall not be removed from the register on affidavit evidence alone.

Evidence to be recorded

34(16)       All evidence submitted at an inquiry under this Part shall be reduced to writing, taken down in shorthand or mechanically recorded.

Preservation of evidence

34(17)      All evidence presented at an inquiry under this Part, together with all reports, orders or other papers on which the discipline committee acted at the inquiry shall be preserved for a period of five years from the date of the presentation of the evidence or the filing of the reports, orders or other papers with the discipline committee.

Rules of procedure

34(18)      The discipline committee may, subject to the approval of the board, make its own rules of procedure for the holding of inquiries under this Part.

S.M. 2008, c. 42, s. 48.

Disciplinary action against member

35(1)       Where upon an inquiry under this Part the discipline committee finds a member of the association guilty of professional misconduct or conduct unbecoming a member, or incapable or unfit to practise as a professional home economist, or to be suffering from an ailment that might constitute a danger to the public if the member continues to practise as a professional home economist, the discipline committee may

(a) cause the name of the member to be removed from the register and from any roster; or

(b) suspend the member for a period not in excess of two years; or

(c) reprimand the member; or

(d) permit the member to practise upon such terms and conditions as it may deem appropriate.

Decision in form of order

35(2)       A decision of the discipline committee under subsection (1) shall in every instance be embodied in a formal order of the discipline committee and shall be served on the person affected by the order, and upon the complainant, by registered or certified mail, postage prepaid, or by personal service.

Costs

35(3)       The board may award the costs of an inquiry against the member of the association who is the subject of the inquiry, and may reimburse any member of the association for costs incurred through disciplinary action against the member where in the opinion of the board the action was unwarranted.

PART VII

APPEALS

Appeal to board

36(1)       A complainant or a member of the association who is served with an order of the discipline committee under subsection 35(2) may appeal from the order to the board by filing a written notice of appeal at the office of the association either in person or by registered or certified mail not later than 30 days from the date of the service of the order.

Grounds of appeal

36(2)       Any notice of appeal filed under this section shall set forth the grounds of the appeal and shall state the relief asked.

Record of proceedings

37(1)       Where an appeal is made under section 36, the president shall obtain a transcript of the evidence given before the discipline committee and the exhibits filed with the discipline committee, and the transcript of evidence and the exhibits so obtained constitute the record of the proceedings before the discipline committee.

Action by president on appeal

37(2)       On receiving a copy of the order of the discipline committee and the record of the proceedings under subsection (1), the president shall

(a) serve on the member concerned and the complainant, or their counsel or agent, a notice informing them

(i) of the time and place at which the appeal will be considered by the board, and

(ii) that they may appear before the board at the appeal in person or by counsel or agent; and

(b) furnish each board member with a copy of the order of the discipline committee together with a copy of the record of proceedings.

Suspension pending appeal

38(1)       Notwithstanding an appeal under section 36, the discipline committee may suspend the registration of the member concerned until the board makes its decision on the appeal.

Application to court to remove suspension

38(2)       A person whose registration is suspended under subsection (1) or under section 31 may apply, by filing an originating notice of motion with the Court of Queen's Bench, for an order removing the suspension pending the determination of the matter under appeal.

Service of notice of motion on discipline committee

38(3)       A person who applies for an order under subsection (2) shall within seven days after the date of filing of the notice of motion under that subsection, serve a copy thereof upon the chairperson or vice-chairperson of the discipline committee.

Time for hearing application

38(4)       An application made under subsection (2) shall be heard not earlier than seven days after the date of service of the copy of the notice of motion on the chairperson or vice-chairperson of the discipline committee.

Removal of suspension

38(5)       Upon hearing an application made under this section, the Court of Queen's Bench may, subject to any conditions that it considers proper, remove the suspension pending the determination of the matter under appeal.

Proceedings before board

39(1)       The board shall, at a meeting held for that purpose, consider the decision of the discipline committee and shall hear any representations that the member concerned and the complainant or their counsel or agent wish to make respecting the findings and order of the discipline committee and the record of proceedings.

Certain person precluded from hearing appeal

39(2)       Any board member who was a member of the complaints committee or of the discipline committee that considered a matter being appealed from shall not participate in or vote at the appeal of that matter before the board.

Association's representation at appeals

39(3)       The association may be represented by counsel in an appeal before the board, but the counsel shall not vote thereat and shall not have participated in the investigation of the matter before the board.

Action by board on appeal

39(4)       Upon an appeal to the board under this Part, the board may

(a) grant adjournments of the proceedings or reserve the determination of the matters before it for a future meeting of the board;

(b) upon granting special leave for that purpose, receive further evidence in the same manner and subject to the same rules and procedures and with the same powers as are provided in Part VI with respect to hearings before the discipline committee;

(c) draw inferences of fact and make any determination or finding that, in its opinion, ought to have been made by the discipline committee.

Disposition of appeal by board

39(5)       The board shall, within 30 days from the date of the conclusion of all proceedings before it on an appeal under this Part,

(a) confirm, vary or quash the order of the discipline committee; or

(b) confirm or vary any order of the discipline committee as to costs, or make a new order as to costs; or

(c) refer the matter back to the discipline committee for further consideration and decision; or

(d) make any finding that in its opinion ought to have been made.

Costs on appeal

39(6)       The board may make any award as to the costs of an appeal that it considers appropriate.

Appeal to Court of Queen's Bench

40(1)       Any person whose registration is revoked or suspended or whose registration is continued subject to conditions imposed by the discipline committee or the board, and any person who has been refused admission to membership in the association or entry in a roster, may appeal therefrom, and from any order as to costs, to a judge of the Court of Queen's Bench within 30 days from the date of the order or decision appealed against or within such further time as a judge of the Court of Queen's Bench may allow.

Order of judge

40(2)       The judge hearing an appeal under subsection (1) may make such order or give such direction as to the cancellation or suspension of the registration or as to the conditions imposed upon the continuation of the registration or as to the refusal of admission or entry and as to the costs of the appeal, including any award as to costs under subsection 39(6), as the judge deems just.

Documents to be filed by appellant

40(3)       Subject to subsection (4), an appellant under this section shall file, together with and at the same time as the notice of appeal, a certificate signed by an officer of the association stating that at least two copies of a transcript of evidence have been ordered and are or will be available for the appeal, unless a judge of the Court of Queen's Bench otherwise orders.

Absence of recorded evidence

40(4)       Where the evidence at a hearing or inquiry was not reduced to writing or otherwise mechanically recorded, or where it was so recorded but a transcript thereof cannot be obtained, the appeal before a judge of the Court of Queen's Bench shall be a trial de novo.

Failure to file transcript of evidence

40(5)       If a transcript of the evidence given at a hearing is obtainable and the appellant has not filed the two copies thereof with the Court of Queen's Bench within 30 days from the date of the filing of the notice of appeal, the appeal shall be deemed to be abandoned.

PART VIII

GENERAL

Exemption from civil liability

41          Neither the association, nor the board, nor the discipline committee, nor the complaints committee, nor any member of the association or of the board or of the discipline committee or the complaints committee is liable for any loss or damage suffered by any person as a result of anything done in good faith in the course of the administration of this Act or the by-laws or regulations made thereunder.

Publication of suspensions and revocations

42          The board may cause any notice of suspension or revocation or reinstatement of membership to be published, with or without stating the reason for the suspension or revocation or reinstatement, as the board in its absolute discretion decides.

Retention of counsel by board and discipline committee

43          For the purpose of better performing their duties under this Act and the by-laws, the board and the discipline committee may each employ, at the expense of the association, such legal or other personnel as they may think necessary.

Unauthorized use of title

44(1)       No person, except a person whose name is entered in the register and in an appropriate roster, shall use the title or designation "Professional Home Economist" or the abbreviation "P.H.Ec." as a description for the purpose of carrying on any business or occupation.

Penalty

44(2)       Any person who contravenes or fails to abserve a provision of this Act or the by-laws or regulations is guilty of an offence and liable on summary conviction to a fine of not more than $500. or imprisonment for not more than six months or both.

Limitation on prosecution

44(3)       No prosecution for an offence under this Act shall be commenced after the expiration of one year from the date of the offence.

Stay of proceedings

44(4)       Where the association is the prosecutor of an offence under this Act it may, at any time during the course of the prosecution proceedings, upon an order to that effect signed by the president of the association under the seal of the association, apply for a stay of the proceedings.

Single act of unauthorized practice

45          In any prosecution under this Act, it is sufficient to prove that the accused has committed a single act of unauthorized practice, or has committed on one occasion any of the acts prohibited by this Act or the by-laws.

Exemptions — dietitians

46(1)       Nothing in this Act prevents any person who is a member of the College of Dietitians of Manitoba from practising dietetics within the meaning of The Registered Dietitians Act.

Exemptions — students

46(2)       An undergraduate student assistant in home economics or human ecology working under the direct supervision of a professional home economist and taking no responsibility for the work other than to the professional home economist is not deemed to be practising home economics.

S.M. 2002, c. 18, s. 68.

Conflict with Corporations Act

47          Where a provision of this Act or of the by-laws or regulations is inconsistent with or repugnant to any provision of The Corporations Act, the provision of this Act or the by-laws or regulations prevails over the provision of The Corporations Act.

Confidentiality of information

48          Except for the purposes of a prosecution under this Act, or in any court proceedings, or for the purpose of the administration and enforcement of this Act and the by-laws and regulations, no person acting in an official or other capacity under this Act shall

(a) knowingly communicate or allow to be communicated to any other person any information obtained in the course of the administration of this Act, the by-laws or the regulations; or

(b) knowingly allow any other person to inspect or to have access to any document, record, file, correspondence or other paper writing obtained in the course of the administration of this Act, the by-laws or the regulations.

Reference in Continuing Consolidation

49          This Act may be referred to as chapter H70 in the Continuing Consolidation of the Statutes of Manitoba.

Commencement of Act

50          This Act comes into force on the day it receives the royal assent.