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C.C.S.M. c. C45.1

The Certified Applied Science Technologists Act

(Assented to June 29, 1998)

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

PART 1

INTERPRETATION

Definitions

1(1)        In this Act,

"Association" means the Certified Technicians and Technologists Association of Manitoba Inc. continued by section 2; (« Association »)

"Board" means the Board of Directors of the Association constituted under section 6; (« conseil »)

"certification" means the entry of the name of a natural person in the register or temporary register; (« agrément »)

"Certification Board" means the Certification Board established under subsection 19(2); (« comité d'agrément »)

"Certification Review Board" means the Certification Review Board established under subsection 19(2); (« comité de révision des demandes d'agrément »)

"Certified Applied Science Technician" means a person whose name is entered in the register or temporary register as a Certified Applied Science Technician; (« technologue agréé des sciences appliquées »)

"Certified Applied Science Technologist" means a person whose name is entered in the register or temporary register as a Certified Applied Science Technologist; (« technicien agréé des sciences appliquées »)

"Certified Engineering Technician" means a person whose name is entered in the register or temporary register as a Certified Engineering Technician; (« technicien agréé en ingénierie »)

"Certified Engineering Technologist" means a person whose name is entered in the register or temporary register as a Certified Engineering Technologist; (« technologue agréé en ingénierie »)

"Court" means the Court of Queen's Bench of Manitoba; (« Cour »)

"Executive Director" means the person holding the office of Executive Director under subsection 12(1); (« directeur général »)

"incompetence" means acts or omissions on the part of a member, in the occupation of applied science technology, that demonstrate a lack of knowledge, skill or judgment, or a disregard for the interests of the recipient of the member's services of such a nature and to such an extent as to render the member unfit to carry on the occupation of applied science technology or to carry on the occupation of applied science technology without conditions, limitations or restrictions; (« incompétence »)

"member" means a Certified Engineering Technician, Certified Engineering Technologist, Certified Applied Science Technician or Certified Applied Science Technologist whose name is entered in the register or temporary register; (« membre »)

"misconduct" means a serious digression from established or recognized standards or rules of the Association or generally of the occupation of applied science technology and includes a breach of such rules of ethics or conduct as may be prescribed by by-law; (« faute »)

"occupation of applied science technology" means the provision of services by Certified Applied Science Technologists, Certified Applied Science Technicians, Certified Engineering Technologists, or Certified Engineering Technicians

(a) in accordance with their academic qualifications, learning and experience,

(b) in accordance with generally accepted practices and procedures within nationally accepted codes and standards, and

(c) in accordance with the Association's Code of Ethics,

but does not include the practice of professional engineering and the practice of professional geoscience, as defined in The Engineering and Geoscientific Professions Act, or the practice of the profession of architecture within the meaning of The Architects Act; (« technologie des sciences appliquées »)

"prescribed" means prescribed by by-laws or rules made under or pursuant to this Act by the Board of Directors;

"register" means the register kept pursuant to clause 13(1)(a); (« registre »)

"Registrar" means the person holding the office of Registrar under subsection 12(2); (« registraire »)

"temporary register" means the register kept pursuant to clause 13(1)(b). (« registre provisoire »)

References to titles

1(2)        The titles, "Certified Engineering Technician", "Certified Engineering Technologist", "Certified Applied Science Technician", "Certified Applied Science Technologist", and the initials "CET", "C.E.T.", "AScT", "A.Sc.T.", "CTech" or "C. Tech." or any like words, initials, or expressions used alone or in combination with other words or expressions connoting a person recognized by law as a Certified Engineering Technician, Certified Engineering Technologist, Certified Applied Science Technician or Certified Applied Science Technologist or connoting a member of the Association in the province, when used in any provision of an Act of the Legislature or any regulation, rule, order or by-law made under an Act of the Legislature enacted or made before or after the commencement of this Act or when used in any public document, shall be read as meaning a natural person whose name is entered in the register or the temporary register.

PART 2

CERTIFIED TECHNICIANS AND TECHNOLOGISTS ASSOCIATION

Association continued

2           The Certified Technicians and Technologists Association of Manitoba Inc., is continued as a body corporate without share capital under the name "The Certified Technicians and Technologists Association of Manitoba Inc.".

Purpose of the Association

3           The purpose of the Association is to regulate and govern the use by a natural person of any of the words "Certified Engineering Technician", "Certified Engineering Technologist", "Certified Applied Science Technician", "Certified Applied Science Technologist", and the initials "CET", "C.E.T.", "AScT", "A.Sc.T.", "CTech" or "C. Tech." or any like words, initials, or expressions used alone or in combination with other words or expressions as a designation connoting a person recognized by law as a Certified Engineering Technician, Certified Engineering Technologist, Certified Applied Science Technician or Certified Applied Science Technologist of The Certified Technicians and Technologists Association of Manitoba Inc., but in no way restricts the right of any individual to carry on his or her occupation.

Membership

4           The membership of the Association shall consist of the persons who hold valid and subsisting certificates of certification or validation seals and whose names are, from time to time, entered on the register or temporary register of the Association as Certified Engineering Technician, Certified Engineering Technologist, Certified Applied Science Technician and Certified Applied Science Technologist.

Powers of Association

5           The Association may

(a) acquire by purchase, lease, gift, devise, bequest or otherwise, and sell, mortgage, lease or dispose of property, real or personal;

(b) invest any moneys belonging to it in investments and securities as though the Association were a trustee for the money; and

(c) borrow money for the purposes of the Association and mortgage or charge property of the Association as security for the money so borrowed.

PART 3

BOARD OF DIRECTORS OF THE ASSOCIATION

Constitution of Board

6(1)        A Board of Directors of the Association, consisting of not fewer than 10 directors, shall be responsible for the administration of this Act and shall control, govern and manage, or supervise the control, government and management of, the business and affairs of the Association.

Directors

6(2)        The number of directors, their respective terms of office, the manner of their appointment or election and their qualifications shall be established and governed by the by-laws of the Association, and such by-laws may provide for alternate directors, for the filling of vacancies and for the appointment of additional directors.

Powers of Board

7(1)        Unless this Act otherwise provides, the Board of Directors may by resolution make, amend or repeal any by-laws regulating the business or affairs of the Association and, without restricting the generality of the foregoing,

(a) governing and regulating

(i) the admission, suspension, expulsion, removal, discipline and reinstatement of members, the conditions precedent to membership in the Association and the conditions for continued membership in the Association,

(ii) the certification and renewal, suspension, cancellation and reinstatement of certification of Certified Engineering Technicians, Certified Engineering Technologists, Certified Applied Science Technicians and Certified Applied Science Technologists, including the imposition of limitations, restrictions and conditions on any certification pursuant to this Act;

(b) establishing one or more classifications of membership and determining the rights, privileges and obligations of the members of each classification;

(c) creating and organizing local regions, branches or other subsections of the Association and governing the management of such regions, branches and subsections;

(d) determining and approving the educational and training requirements to become qualified for or maintain membership in the Association;

(e) determining the method of setting annual certification or membership fees payable to the Association and providing for the collection thereof;

(f) providing for the election or appointment, removal and remuneration of and establishing the powers and duties of officers, officials, employees and agents of the Association or the Board of Directors;

(g) creating and governing committees for the carrying out of the business and affairs of the Board and the Association;

(h) delegating to officers, officials, employees or committees any of the duties, powers and privileges of the Board;

(i) fixing and regulating the quorum, time, place, calling, conduct and business of annual, special and general meetings of the Association, the Board of Directors and committees of the Association or the Board, establishing the method of voting, including voting by mail, proxy voting, delegate voting or other means, and establishing the qualifications of persons entitled to vote at the meetings;

(j) developing, establishing, maintaining and administering

(i) standards for the education programs leading to certification as an applied science technologist or technician,

(ii) standards for continuing education and the participation of Certified Engineering Technicians, Certified Engineering Technologists, Certified Applied Science Technicians and Certified Applied Science Technologists in continuing education programs, and

(iii) Rules of Ethics or Conduct for Certified Engineering Technicians, Certified Engineering Technologists, Certified Applied Science Technicians and Certified Applied Science Technologists;

(k) respecting and governing the management and disposition of trust, charitable or benevolent funds committed to the care of the Association;

(l) setting the fiscal year of the Association and determining the place where the head office of the Association shall be located and the place or places where other offices of the Association shall be located;

(m) determining the aspects, subjects or matters of the business and affairs of the Association that may be regulated and governed by rules of the Board of Directors;

(n) authorizing the making of cooperative or affiliation arrangements with any institution, organization or professional body in any jurisdiction;

(o) respecting and governing such other subjects, matters and things as the Board considers appropriate to administer this Act or to advance or protect the interests of the Association or the members or the interests of the public in relation to the Association or the members;

and, subject to subsection (2), such a by-law shall be valid, binding and effective from the date of the resolution of the Board of Directors enacting it until the by-law is amended or repealed by an ordinary resolution at an annual, special or general meeting of the Association called for the purpose of considering it, or until it ceases to be effective under subsection (4), and where a by-law is confirmed or confirmed as amended, it continues in effect in the form in which it was so confirmed.

Confirmation of by-laws

7(2)        By-laws relating to matters described in clauses (1)(a), (b), (c), (f), (i), (j) and (m) shall not be effective or acted upon until confirmed by an ordinary resolution at an annual, special or general meeting of the Association, and where a by-law is amended by ordinary resolution at such a meeting, it becomes effective in the form in which it is amended.

Notice of enactment of by-law

7(3)        The Board of Directors shall cause the text of any by-law enacted by it to be sent to all members with the notice of the next annual meeting following the enactment or with the notice of any special or general meeting called for the purpose of considering the by-law, and at such meeting the by-law may be confirmed, rejected, repealed or amended by an ordinary resolution.

Cessation of effect

7(4)        If a by-law is repealed at a meeting of the Association or if the Board of Directors does not send the by-law to the members as required under subsection (3), the by-law ceases to be effective as of the date of the meeting when the by-law was repealed or was to be considered, and no subsequent Board resolution making that by-law or any by-law having substantially the same purpose or effect is effective until it is confirmed in the manner set out in subsection (2).

Enactment of rules

8           Unless this Act or the by-laws otherwise provide, the Board may by resolution make rules not contrary to the by-laws regulating any of the aspects, subjects or matters of the business or affairs of the Association as may be governed by by-law, and any such rule shall be valid, binding and effective from the date of the resolution of the Board until amended or repealed by an ordinary resolution at an annual, or special or general meeting of the Association called for the purpose of considering the rule.

Effect of repeal

9           No act or thing done in reliance on, or right acquired under or pursuant to, a by-law or rule that is subsequently repealed or amended shall be prejudicially affected by the repeal or amendment.

Inspection of by-laws and rules

10          The by-laws and rules of the Association or the Board shall be available for inspection by any person at the head office of the Association at all reasonable times during business hours, free of charge.

S.M. 2013, c. 39, Sch. A, s. 35.

Establishment of executive committee

11(1)       There shall be an executive committee of the Board of Directors, composed of members of the Board, that, between meetings of the Board or at such other times as may be prescribed, may carry out any of the duties and exercise any of the powers and privileges of the Board, except the duties, powers and privileges with respect to appeals set out in Part 6, and the executive committee shall carry out such other duties as may be assigned to it from time to time by the Board, the by-laws or the rules.

Constitution of the executive committee

11(2)       The number of members of the executive committee, their respective terms of office, the manner of their appointment or election and their qualifications shall be established and governed by the by-laws.

Appointment of Executive Director

12(1)       The Board of Directors may appoint an Executive Director of the Association who shall hold office during the pleasure of the Board of Directors.

Appointment of Registrar

12(2)       The Board of Directors shall appoint a Registrar of the Association who shall hold office during the pleasure of the Board of Directors.

Subject to directions

12(3)       The Executive Director and the Registrar shall at all times be subject to the direction of the Board of Directors.

Holding of office

12(4)       The offices of Registrar and Executive Director may both be held by one person at the same time.

PART 4

CERTIFICATION AND MEMBERSHIP

Keeping of registers

13(1)       The Registrar shall keep or cause to be kept

(a) a register in which shall be entered the name and address of every person who has been certified pursuant to this Act, the by-laws and the rules; and

(b) a temporary register in which shall be entered the name and address of every person who is permitted to hold himself or herself out to be certified pursuant to this Act, the by-laws and rules, under such conditions, limitations and restrictions and for such temporary and limited periods of time as are set out in the by-laws and rules.

Division of register

13(2)       The register shall be divided into parts, being

(a) a part in which shall be entered the names of persons qualified pursuant to the by-laws and rules for certification as a Certified Engineering Technician or Certified Applied Science Technician;

(b) a part in which shall be entered the names of persons qualified pursuant to the by-laws and rules for certification as a Certified Engineering Technologist or Certified Applied Science Technologist; and

(c) such other parts as may be prescribed in which shall be entered the names of persons qualified pursuant to the by-laws and rules for such classifications of membership as may be prescribed.

Inspection of registers

13(3)       The register and the temporary 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 an officer or employee of the Association may refuse any person access to the registers if there is cause to believe that the person is seeking access or inspection primarily for commercial purposes.

Rights on entry in registers

14          A person whose name is entered in the register or temporary register is entitled, subject to any conditions, limitations or restrictions set out in his or her certificate, the by-laws or the rules, to hold himself or herself out as a Certified Engineering Technician, Certified Engineering Technologist, Certified Applied Science Technician or Certified Applied Science Technologist and to use the designations "CET", "C.E.T.", "CTech", "C.Tech.","AScT" or "A.Sc.T.", as the case may be.

Removal from registers

15(1)       The Registrar shall remove or cause the removal from the register or temporary register of the name of any person who fails to meet or maintain the qualifications and standards for entry in the register, or fails to comply with any conditions, limitations or restrictions imposed for entry in the temporary register.

Effect of removal

15(2)       The certification of a Certified Engineering Technician, Certified Engineering Technologist, Certified Applied Science Technician or Certified Applied Science Technologist shall terminate and cease to have effect when his or her name is removed from the register or temporary register.

Reciprocity

16          Any person who was entitled to use any designation indicating that he or she was a member of an association or society pursuant to the laws governing or concerning the occupation of applied science technology in any other jurisdiction and who has been suspended from or otherwise restricted in or disqualified from using any such designation in another jurisdiction by reason of misconduct, dishonesty, or incompetence is not entitled to apply for certification under this Act until the suspension, restriction or disqualification has been removed in the other jurisdiction.

Annual renewal

17(1)       The Registrar shall issue or cause to be issued, annually or at such other times as may be set out in the rules, a certificate of certification or a validation seal to be affixed to a previously issued certificate to persons whose names are entered in the register or temporary register, and each such certificate or validation seal shall state the date on which it expires and any conditions, limitations or restrictions imposed on the certification of the person in respect of whom it is issued.

Disqualification

17(2)       No person shall be entitled to have his or her name entered in the register or temporary register or to receive a certificate or validation seal who has not

(a) satisfied any requirements for certification that may be prescribed; and

(b) paid all applicable prescribed fees.

Surrender of certificate and seal

17(3)       Any person whose certification has been subjected to conditions, limited, restricted, revoked or suspended shall without demand immediately deliver his or her certificate and any validation seals to the Registrar.

Proof of certification

18          A statement certified under the hand of the Registrar respecting the records of the Association or the certification of any person is admissible in evidence in any proceeding as prima facie proof of the facts set out in such certificate relating to the certification of any such person or lack thereof and any condition, limitation or restriction in respect of the certification of any such person.

Qualifications on application

19(1)       An applicant for certification who

(a) fulfils the requirements of approved applied science technology experience and education prescribed or approved by the rules;

(b) provides satisfactory evidence of good character;

(c) pays the fees prescribed; and

(d) meets such other criteria and has such other qualifications as may be prescribed;

to the satisfaction of the Certification Board, and upon approval of the Board of Directors, shall be entitled to become certified as a member of the Association and to have his or her name entered in the temporary register or the part of the register that the Board of Directors determines to be appropriate.

Establishment of Certification Board and Certification Review Board

19(2)       The Board of Directors shall appoint and maintain a Certification Board and a Certification Review Board consisting of members of the Association and such other persons as the Board of Directors may from time to time select, and the by-laws

(a) shall establish and govern the number of members, their terms of office, qualifications and manner of appointment, and the quorum for the Certification Board and the Certification Review Board; and

(b) may regulate the powers, procedures, functions and operations of the Certification Board and the Certification Review Board and may permit the establishment of panels of either Board to act for and to carry out and exercise their respective duties and powers.

Duties of the Certification Board

19(3)       The duties of the Certification Board shall be

(a) to recommend to the Board of Directors the standards and grades that should be recognized by the certification procedure as provided for in this section;

(b) to conduct or approve examinations, including national examinations, of candidates for certification, at such times and at such places as the Certification Board may direct;

(c) to consider all applications for certification, to review the qualifications of all applicants and to recommend to the Board of Directors those applicants it considers to have met the qualifications required for certification set out in this Act or the by-laws or rules; and

(d) to carry out such duties and functions and to exercise such powers and privileges as may be assigned by the Board of Directors from time to time.

Duties of Certification Review Board

19(4)       At the written request of any person whose application for certification has not been recommended to the Board of Directors by the Certification Board, and upon payment of such fees as may be prescribed, the Certification Review Board shall review the application for certification of such person and may

(a) confirm the Certification Board's decision; or

(b) refer the application to the Certification Board for reconsideration and may make such recommendations to the Certification Board as it deems appropriate.

PART 5

OFFENCES AND ENFORCEMENT

Duty to inform employer

20          Any person authorized to hold himself or herself out as a Certified Engineering Technician, Certified Engineering Technologist, Certified Applied Science Technician or Certified Applied Science Technologist pursuant to the provisions of this Act who fails to inform his or her employer of any condition, limitation or restriction is guilty of an offence.

Prohibition on holding out or use of title

21          Except as provided in this Act, no person other than a person whose name is entered in the register or the temporary register shall

(a) publicly or privately, whether or not for hire, gain or hope of reward, hold himself or herself out in any way as being a Certified Engineering Technician, Certified Engineering Technologist, Certified Applied Science Technician or Certified Applied Science Technologist of the Association; or

(b) assume or use any title, name, designation, initials or description, including those referred to in this Act, that does or could lead the public to believe he or she is a Certified Engineering Technician, Certified Engineering Technologist, Certified Applied Science Technician or Certified Applied Science Technologist of the Association.

False or misleading information

22          Any person who knowingly furnishes false or misleading information in or in respect of any application made under this Act, the by-laws or rules or in any statement or return required to be furnished under this Act, the by-laws or rules, is guilty of an offence.

Offence and penalty

23          A person who contravenes any provision of this Act is guilty of an offence and liable on summary conviction

(a) for a first offence, to a fine of not more than $1,000.;

(b) for a second offence, to a fine not more than $2,000.;

(c) for a third or subsequent offence, to a fine of not more than $10,000., or to imprisonment for a term of not more than six months, or both.

Injunction against members

24          Where a member or former member or an applicant for certification does or attempts to do anything contrary to the provisions of this Act or any by-law or rule made under the authority of this Act, the doing of such thing may be restrained by a court injunction at the instance of the Board of Directors acting in the name of the Association.

Injunction against others

25          Where any person other than a person described in section 21 does or attempts to do anything contrary to the provisions of this Act, the doing of such thing may be restrained by a court injunction at the instance of the Board of Directors acting in the name of the Association.

Time limit on prosecution

26(1)       A prosecution for an offence under this Act may be commenced at any time within one year after the date on which the alleged offence was committed, or within six months after the date on which evidence sufficient to justify prosecution for the offence came to the knowledge of the Registrar, whichever is later.

Authority to prosecute

26(2)       The Board of Directors may institute and carry on or authorize any person to institute and carry on the prosecution of an offence under this Act.

Separate offences

26(3)       Where a contravention of this Act continues for more than one day, the offender is guilty of a separate offence for each day that the contravention continues.

Single act sufficient

26(4)       In a prosecution under section 21, it is sufficient proof of the offence alleged if it is proved that the accused has done or committed a single act of the kind alleged.

PART 6

DISCIPLINE

EXTENDED DEFINITIONS

Definitions

27          In this Part,

"complaint" means any complaint, report or allegation received or initiated by the Board of Directors in writing and signed by the complainant or the Registrar by direction from the Board of Directors regarding the conduct, actions, competence, character, fitness, or ability of a member; (« plainte »)

"conduct" includes an act or omission; (« conduite »)

"lay person" means a natural person who is not a member; (« profane »)

"member" includes a former member. (« membre »)

Investigation of complaint

28(1)       The Board of Directors shall cause an investigation to be carried out by the Complaints Committee of every complaint that in substance alleges that a member

(a) has been guilty of

(i) misconduct as a Certified Engineering Technician, Certified Engineering Technologist, Certified Applied Science Technician or Certified Applied Science Technologist,

(ii) conduct unbecoming a member, including conduct that might adversely affect the standing or good name of the occupation of applied science technology or the Association,

(iii) 

incompetence, or

(iv) any conduct that contravenes this Act, the by-laws or the Code of Ethics; or

(b) is suffering from any ailment or condition rendering the member unfit for, or incapable of, carrying on the occupation of applied science technology.

Copies to Complaints Committee and member

28(2)       All complaints against a member received by the Association or the Board of Directors shall be delivered without delay by the Registrar to the Chairman of the Complaints Committee, and a copy shall immediately be forwarded to the member.

Establishment of Complaints Committee

29(1)       The Board of Directors shall maintain a standing committee known as the Complaints Committee.

Membership of Complaints Committee

29(2)       The Complaints Committee shall be composed of not fewer than five persons, being

(a) a lay person; and

(b) not fewer than four members of the Association who are not directors or members of the Discipline Committee.

Constitution of Complaints Committee

29(3)       The by-laws

(a) shall establish and govern the quorum of the Complaints Committee and the number of committee members, their terms of office, qualifications and manner of appointment;

(b) may regulate the powers, procedures, functions and operations of the Complaints Committee; and

(c) may permit the establishment of panels of the Complaints Committee to act for and to carry out all the duties and powers of the Complaints Committee.

Chairperson of Complaints Committee

29(4)       The Board of Directors shall appoint one of the members of the Complaints Committee to be the Chairperson of the Complaints Committee.

Duties of Complaints Committee

29(5)       The Complaints Committee shall

(a) consider and investigate all complaints delivered to it; and

(b) perform such other duties as may be assigned to it by the Board of Directors, the by-laws or the rules.

Evidence

29(6)       The Complaints Committee shall consider only written evidence, and in this section the term "evidence" includes any documents that may be presented to the Complaints Committee.

Procedure

29(7)       The Complaints Committee may engage such persons as it deems necessary, including legal counsel, to assist it in the consideration and investigation of complaints and, subject to the by-laws, shall determine its own rules of procedure.

Rights of member under investigation

29(8)       Any member against whom a complaint has been made shall be entitled to the following:

(a) prompt notice that a complaint has been received by the Complaints Committee;

(b) a copy of the complaint;

(c) copies of all evidence presented to the Complaints Committee in writing concerning the complaint, other than privileged documents;

(d) at least 14 days' notice of the first meeting of the Complaints Committee called to consider the complaint, which notice shall be accompanied by copies of all evidence in writing concerning the complaint, other than privileged documents, then in the possession of the Complaints Committee, and the opportunity after such notice to submit to the Complaints Committee in writing any explanation, evidence, documents or representation the member may wish to make concerning the complaint or investigation.

Decision of Complaints Committee

29(9)       After reviewing all the evidence presented to it, the Complaints Committee shall determine whether the complaint warrants further consideration and may

(a) dismiss the complaint; or

(b) refer the complaint to the Discipline Committee.

Establishment of Discipline Committee

30(1)       The Board of Directors shall maintain a standing committee known as the Discipline Committee.

Membership of Discipline Committee

30(2)       The Discipline Committee shall be composed of not fewer than 10 natural persons consisting of

(a) three lay persons; and

(b) seven members of the Association who are not directors of the Association.

Constitution of Discipline Committee

30(3)       The by-laws

(a) shall establish and govern the quorum of the Discipline Committee and the number of committee members, their terms of office, qualifications and manner of appointment;

(b) may regulate the powers, procedures, functions and operations of the Discipline Committee; and

(c) may permit the establishment of panels of the Discipline Committee to act for and to carry out an exercise all the duties and powers of the Discipline Committee.

Chairperson of Discipline Committee

30(4)       The Board of Directors shall appoint one of the members of the Discipline Committee to be the Chairperson of the Discipline Committee.

Procedure of Discipline Committee

30(5)       The Discipline Committee, and the Board of Directors when acting under Part 7,

(a) shall subject to the by-laws conduct proceedings in accordance with their own rules of procedure; and

(b) may do all things and engage such persons including legal counsel as they consider necessary to provide for the investigation, hearing and consideration of any complaint or appeal.

Duties of Discipline Committee

30(6)       The Discipline Committee shall

(a) consider and investigate complaints referred to it by the Complaints Committee; and

(b) perform such other duties as may be assigned to it by the Board of Directors.

Powers of Discipline Committee

30(7)       The Discipline Committee

(a) shall, in such manner as it deems fit, consider the complaint, hear the evidence, ascertain the facts and make a decision as to whether the member is guilty of a matter described in clause 28(1)(a) or is suffering from an ailment or condition described in clause 28(1)(b); and

(b) may, if the Discipline Committee in its absolute discretion at any time after the receipt of a complaint considers it necessary or advisable, without a hearing, require any member to produce records and documents in his or her possession or custody or under his or her control or in the possession or custody or control of any corporation of which he or she is a director, officer or shareholder, and if the member fails to produce such records and documents without lawful excuse, the Discipline Committee may suspend the member's certification or membership until he or she does so.

Orders of Discipline Committee

30(8)       After reviewing all of the evidence presented to it, the Discipline Committee may as part of its decision with respect to the merits of any complaint,

(a) order that the member's certification or membership be suspended for a specific period of time, during which the member shall have his or her name removed from the register or the temporary register in which his or her name is entered;

(b) order that the member's certification or membership be suspended pending the satisfaction and completion of such conditions as may be ordered by the Committee;

(c) order that the member's certification or membership be revoked and the member's name be removed from the register or the temporary register in which his or her name is entered;

(d) order that conditions or limitations be imposed on the member's certification or membership and so inform the member's employer, if any;

(e) issue a reprimand;

(f) dismiss the complaint;

(g) impose any fine that the Discipline Committee considers appropriate, not exceeding $l,000. to be paid by the member to the Association for the use of the Association, and the fine may be recovered by the Association by civil action for debt;

(h) order that the imposition of any penalty be suspended or postponed for such period of time and upon such terms and conditions as the Discipline Committee considers appropriate;

(i) order that the decision of the Discipline Committee or notice thereof be published in such manner as the Committee considers appropriate;

(j) attempt to resolve informally any complaint if the Discipline Committee considers it appropriate; or

(k) make such other order as it considers just, including without limitation, an order combining two or more of the orders set out in clauses (a) to (j).

If complaint admitted

30(9)       Notwithstanding any other provision in this Act, if at any time a member admits any allegation in a complaint alleging a matter set out in section 28, and the member waives in writing the right to any other or further hearing or proceedings pursuant to this Part, the Discipline Committee may

(a) agree to cancel all hearings or proceedings and to accept the member's resignation on such  terms and conditions as the Discipline Committee may specify; or

(b) make any order, finding or decision that may be made pursuant to this section or section 41.

Compelling production and attendance

31(1)       The Association, the Board of Directors, or any party to a hearing may obtain, on request from the Court, subpoenas for the attendance of witnesses and the production of books, documents, and things at the hearing.

Power to administer oaths

31(2)       The testimony of witnesses shall be taken under oath or solemn affirmation, which any member of the Discipline Committee or the Board of Directors is authorized to administer.

Burden of proof

31(3)       The burden of proof in all proceedings before the Discipline Committee shall be the balance of probabilities.

Interim suspension

32          The Registrar may, without a hearing, order the suspension of the certification or membership of a member if the Registrar has reasonable and probable grounds for believing that the member in question has been convicted of a criminal offence of such kind or type that the Registrar is of the opinion that the continued certification or membership of the member in question would immediately affect the good name of the Association or the occupation of applied science technology, and upon the Registrar's ordering the suspension, the Discipline Committee shall immediately commence an investigation.

Rights of member at hearing or on appeal

33(1)       In all proceedings before the Discipline Committee, or the Board of Directors acting under Part 7, the member against whom a complaint has been made or in respect of whom an investigation has been commenced

(a) may make representations;

(b) may be represented by legal counsel;

(c) shall be entitled, subject to clause 36(b), to present evidence and to examine, cross-examine and re-examine witnesses in accordance with the rules of procedure established by the Discipline Committee or the Board of Directors, as the case may be;

(d) shall be entitled to receive copies of all documents presented to the Discipline Committee or the Board of Directors in connection with the complaint or investigation, other than documents that are privileged by law;

(e) shall be entitled to at least 14 days written notice of the date of the first hearing of the Discipline Committee or the Board of Directors; and

(f) shall receive prompt notice of and a copy of the decision rendered.

Section 26 does not apply

33(2)       Section 26 does not apply to any discipline proceeding under Part 6 or Part 7.

PART 7

APPEALS

Right to appeal

34(1)       If

(a) a complainant is dissatisfied with a decision of the Complaints Committee or the Discipline Committee;

(b) a member against whom a complaint has been made is dissatisfied with a decision of the Discipline Committee; or

(c) an applicant for certification is dissatisfied with a decision of the Certification Board, after such decision has been considered by the Certification Review Board;

the person may appeal the decision to the Board of Directors by serving a written notice of appeal on the Registrar within 30 days after the date on which notice of the decision is mailed to the last known address of the person.

Notice of appeal

34(2)       Any notice of appeal given under this section shall set forth the grounds of appeal and state the relief sought.

Record on appeal

35(1)       In any appeal under this Act, the Registrar shall obtain a transcript or such other record as exists of the evidence presented to the decision-making body from whom the appeal is taken and shall prepare and present to the Board of Directors a record on appeal consisting of the transcript or such other record as exists, all exhibits and the order or other document evidencing the decision being appealed.

Availability of copies

35(2)       The Registrar shall provide the appellant, and any other person entitled by the by-laws to participate in the appeal, with a copy of the record on appeal upon payment of the costs and disbursements of producing such copy.

Powers of board on appeal

36          On appeal the Board of Directors may

(a) adjourn the proceedings or reserve the determination of the matters before it for a future meeting of the Board of Directors; and

(b) upon granting special leave, and only where it is shown that such evidence was not previously available, receive further evidence in the same manner and subject to the same rules and procedures as apply to the Discipline Committee.

Powers of board after hearing

37          After reviewing the record on appeal and hearing the evidence or argument presented, the Board of Directors may

(a) draw inferences of fact and make any finding, decision, determination or order that in its opinion ought to have been made;

(b) vary the decision appealed from;

(c) refer the matter back to the Complaints Committee, Discipline Committee or Certification Board, as the case may be, for further consideration and decision;

(d) confirm the decision appealed from; or

(e) make such decision or order as it may deem appropriate.

Appeal to court

38(1)       Any party to an appeal to the Board of Directors may appeal to the Court from the decision or order of the Board of Directors on any ground of appeal that involves a question of law alone by a written notice of appeal filed with the Court within 30 days of the date on which notice of the Board's decision or order is mailed to the last known address of such party, or within such further time not exceeding 90 days as may be allowed by the Court.

Content and service of notice of appeal

38(2)       The notice of appeal shall set out the grounds of appeal and the relief sought and shall be served on the Registrar and on any other party to the proceedings before the Board of Directors in accordance with the Queen's Bench Rules.

Record on appeal to court

39          The record on appeal to the Court shall be the record on appeal presented to the Board of Directors, a transcript of any new testimony presented to the Board of Directors, any other new evidence or exhibits presented to the Board of Directors and a copy of the decision or order of the Board of Directors.

Powers of court on appeal

40(1)       The Court may make any order or decision that the Board of Directors may make and may make such order as to costs as it may consider just.

Standing to appear

40(2)       The Association shall have standing to appear and participate in any appeals to the Court.

No stay of proceedings

40(3)       Notwithstanding that an appeal to the Board of Directors or to the Court may have been instituted in respect of a decision or order, that decision or order shall continue to be valid and binding and no stay of proceedings may be granted prior to the hearing of the appeal.

PART 8

GENERAL

Power to award costs

41(1)       The Discipline Committee, the Board of Directors, or, on appeal, the Court, may order that the costs of any investigation, proceeding, hearing or appeal pursuant to any provision of this Act be paid to any one or more of the Association and the parties, in whole or in part

(a) by the member against whom the complaint was made, except where the complaint is completely dismissed without any other decision, finding or order adverse to that member; and may make it a condition of the certification of any member that an order as to costs against that member be paid without delay; or

(b) by the complainant or person at whose request the complaint was made or an investigation was commenced, where the Discipline Committee, Board of Directors or Court is of the opinion that the complaint or investigation was unwarranted.

Security for costs on appeal

41(2)       Before hearing an appeal, the Court may order that security for costs be paid to the Association by the appellant, in such amount and upon such terms as the Court may consider just.

Costs defined

41(3)       In this section and section 40, "costs" includes

(a) all costs, expenses, and disbursements and all legal and other expenses of any kind incurred by the Association, the Complaints Committee, the Discipline Committee, the Certification Board, the Certification Review Board, or Board of Directors in relation to an investigation, proceeding, hearing or appeal;

(b) honoraria and expenses paid to members of the Complaints Committee, the Discipline Committee, the Certification Board, the Certification Review Board or the Board of Directors in relation to an investigation, proceeding, hearing or appeal; and

(c) the legal costs, expenses and disbursements incurred by any other party to an investigation proceeding, hearing or appeal.

Signing validates decisions

42          A resolution, report, recommendation, decision, finding or order of the Board of Directors or any committee of the Board of Directors or of the Association, in writing and signed by all directors or persons entitled to vote on such resolution, report, recommendation, decision, finding or order, or signed counterparts thereof, is as valid as if passed, enacted, determined or made at a meeting of the Board of Directors or such committee.

No action to lie

43          None of the Association, the Board of Directors, any of the committees of the Board or of the Association, or any member, officer or employee of any of the foregoing bodies shall be liable for any loss or damage of any kind suffered or incurred by any person as a result of anything done or not done, any proceedings taken, or any order made or enforced by it or them in good faith in the administration of or pursuant to this Act, the by-laws or rules.

Limitations on application of Act

44          Nothing in this Act

(a) restricts the right of a person who is a member of the Architectural and Building Technologists Association of Manitoba Inc. from using the title "Certified Architectural Technologist" and the initials "C. T. (arch.)", or the title "Certified Building Technologist" and the initials "C. T. (bldg.)"; or

(b) makes the use of those titles and initials by any person subject to the regulation and governance of the Association under this Act.

PART 9

TRANSITIONAL AND COMING INTO FORCE

Transitional: membership

45          The name and address of every person who at the coming into force of this Act is a member of the Certified Technicians and Technologists Association of Manitoba Inc. pursuant to the by-laws thereof shall be entered in the temporary register or the part of the register that may be designated by the Board of Directors.

Transitional: organization

46(1)       Nothing in this Act shall affect the powers and duties, tenure of office or terms of remuneration of any director or officer of the Association or any committee appointed before the coming into force of this Act, or anything done or suffered, or any right, title or interest acquired before the coming into force of this Act, or any legal proceedings or remedy in respect of any such thing, right, title or interest.

Transitional: by-laws, regulations and rules

46(2)       Until repealed, altered or amended pursuant to this Act, any by-law, regulation or rule of the Association made or fees prescribed and in force at the coming into force of this Act shall notwithstanding any conflict with this Act continue in force and have effect as if made under this Act.

C.C.S.M. reference

47          This Act may be referred to as chapter C45.1 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

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

 

 


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