The Registered Landscape Architects Act

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3rd Session, 43rd Legislature

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Bill 234

THE REGISTERED LANDSCAPE ARCHITECTS ACT

Table of Contents

Bilingual version (PDF)

Explanatory Note

(Assented to )

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

PART 1
INTERPRETATION

Definitions

1(1) The following definitions apply in this Act.

"association" means the Manitoba Association of Landscape Architects. (« Association »)

"by-law" means a by-law of the association approved under subsection 5(2). (« règlement administratif »)

"candidate member" means an individual whose name is entered in the register of candidate members. (« membre candidat »)

"certificate of registration" means a certificate of the association that certifies that the individual named on it is a registered landscape architect or a candidate member. (« certificat d'inscription »)

"council" means the council of the association. (« conseil »)

"court" means the Court of King's Bench. (« tribunal »)

"landscape architecture" means the analysis, planning, design, management and rehabilitation of the exterior environment for the purpose of developing, restoring, preserving and enhancing that environment. (« architecture paysagère »)

"member" means an individual whose name is entered in the register of registered landscape architects or the register of candidate members. (« membre »)

"prescribed" means prescribed by the by-laws approved under this Act. (Version anglaise seulement)

"public representative" means an individual who

(a) is a resident of Manitoba; and

(b) is not and has never been a member of the association or of a similar self-governing body for the profession of landscape architecture in another jurisdiction. (« représentant du public »)

"register" means a register established under subsection 7(1). (« registre »)

"registered landscape architect" means an individual whose name is entered in the register of registered landscape architects. (« architecte paysagiste »)

"registrar" means the registrar appointed under subsection 4(1). (« registraire »)

"registration committee" means the registration committee appointed under subsection 4(2). (« comité d'inscription »)

Reference to "Act" includes by-laws

1(2) In this Act, a reference to "this Act" includes the by-laws approved under this Act.

PART 2
MANITOBA ASSOCIATION OF LANDSCAPE ARCHITECTS

Association continued

2(1) The Manitoba Association of Landscape Architects Inc. is hereby continued as a corporation under the name of the "Manitoba Association of Landscape Architects".

Membership

2(2) The membership of the association consists of the individuals whose names are entered in the register of registered landscape architects or the register of candidate members.

Powers and capacity

2(3) In carrying out its mandate and duties, the association has all the powers and capacity of a natural person.

Duty to serve public interest

2(4) The association must carry out its mandate, duties and powers and govern its members in a manner that serves and protects the public interest.

Mandate

2(5) The association has the following mandate:

(a) to regulate and govern the professional conduct and discipline of its members;

(b) to promote and increase the professional knowledge, skill and proficiency of its members as landscape architects;

(d) to promote and contribute to the study and practice of landscape architecture in Manitoba;

(e) to establish and enforce standards for the professional responsibility and competence of its members;

(f) to participate in the development of public policy issues related to landscape architecture;

(g) to establish beneficial relationships with other organizations that have similar interests;

(h) to administer the association's affairs, perform its duties and carry out its powers in accordance with this Act.

Annual general meeting

2(6) A general meeting of the association must be held at least once a year, as determined by the council in accordance with the by-laws.

Special general meeting

2(7) The association must hold a special general meeting as follows:

(a) when the association receives a request signed by at least 10% of the members entitled to vote, for the purpose specified in the request;

(b) at any other time for any purpose the council considers advisable.

Notice of meetings

2(8) Notice of the time and place of a meeting referred to in subsection (6) or (7) must be given to members in accordance with the by-laws. Despite The Corporations Act, a by-law in this respect must provide that, except in emergency or extenuating circumstances, notice is to be given to members at least 14 days before the meeting.

Council established

3(1) There is hereby established a governing body of the association called the council.

Council to manage affairs

3(2) The council

(a) must manage and conduct the business and affairs of the association; and

(b) may exercise and carry out the association's mandate, duties and powers in the association's name and on the association's behalf.

Composition of council

3(3) The council must consist of not fewer than 7 and not more than 12 individuals.

Public representatives

3(4) At least 1/3 of the members of the council must be public representatives.

By-laws for election or appointment of members

3(5) Members of the council are to be elected or appointed in accordance with the by-laws.

Council appointments

4(1) The council must appoint a registrar and may appoint any other officers or staff that it considers necessary to perform the work of the association, in the manner and on the terms specified in the by-laws.

Appointment of registration committee

4(2) The council must appoint and maintain a registration committee consisting of the registrar and a minimum of three members of the association and any other persons that the council may from time to time appoint.

PART 3
BY-LAWS

By-laws

5(1) The council may make, amend or repeal by-laws, not inconsistent with this Act or The Corporations Act,

(a) for the governance of the association and the management and conduct of its affairs;

(b) respecting the registration, renewal of registration, suspension, removal, discipline and reinstatement of members;

(c) establishing one or more categories of registration, including, without limitation, registered landscape architects and candidate members, and determining the rights, privileges and obligations associated with each category;

(d) prescribing the educational or other qualifications and any competency or practising requirements for registration as a registered landscape architect or candidate member or for any other category of registration;

(e) respecting the establishment, form, content and maintenance of registers, including specifying the information that must be kept in a register;

(f) respecting the issuance, duration, renewal, suspension, surrender, cancellation and reinstatement of registration, including the imposition of terms or conditions on any registration;

(g) respecting continuing competency or professional development requirements for registration or the renewal of registration;

(h) prescribing the fees payable to the association by applicants for registration or the renewal of registration — which may differ for different categories of registration — or determining the method of setting fees, and providing for the collection of fees;

(i) fixing and regulating the quorum, time, place, calling, giving of notice, conduct and business of general and special general meetings of the association, meetings of the council and meetings of committees of the association or the council;

(j) establishing the method of voting, including voting by mail, proxy voting, delegate voting or other means, and establishing the qualifications of individuals entitled to vote at meetings;

(k) respecting the nomination, election, appointment and number of council members or officers of the association and the filling of vacancies on the council, and prescribing the term of office and the duties and functions of members or officers;

(l) respecting the appointment of a registrar and any staff that the council considers necessary to perform the work of the association;

(m) respecting the governance of the registration committee, complaints committee and inquiry committee;

(n) establishing other committees for carrying out the business and affairs of the association, and governing the operation of those other committees;

(o) setting remuneration and expenses payable to members of the council or of committees established under this Act;

(p) prescribing procedural rules for the inquiry committee;

(q) prescribing the fees or fines that are payable to the association for any service, matter or thing provided or done by the association for which no other fee or fine is prescribed under this Act;

(r) delegating to officers, officials, staff or committees any of the duties, powers and privileges of the council, other than the power to make, amend or repeal by-laws or hear appeals;

(s) prescribing the form of a certificate of registration or any other form or document under this Act;

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

(u) establishing standards of practice or a code of ethics for members;

(v) respecting professional liability insurance requirements for members;

(w) defining any word or expression used but not defined in this Act;

(x) prescribing anything referred to in this Act as being prescribed;

(y) respecting anything required to deal with the transition to regulating the profession of landscape architecture under this Act;

(z) generally for the carrying out of the purposes of this Act.

Approval of by-laws

5(2) A by-law made under this section, including a by-law that amends or repeals a by-law, does not come into force until it is approved at a general or special general meeting of members.

By-laws are public documents

6 A by-law of the association is a public document and a member of the public

(a) may inspect the by-law at the head office of the association during regular business hours, free of charge; and

(b) is entitled to be given a copy of the by-law by the association, on request and at a reasonable cost.

A by-law may also be made available to the public electronically.

PART 4
REGISTRATION

REGISTERS

Establishing registers

7(1) The registrar must establish and maintain

(a) a register of registered landscape architects in a form set out in the by-laws identifying each individual who is registered under subsection 9(1);

(b) a register of candidate members in a form set out in the by-laws identifying each individual who is registered under subsection 9(2); and

Entry in register

7(2) An entry in a register established under clause (1)(a) or (b) must include

(a) the individual's name and business address;

(b) the individual's category of registration;

(d) any practice restrictions or other conditions imposed on the individual's registration; and

(e) any other information required by the by-laws to be kept in the register.

Entry in other registers

7(3) An entry in a register established under clause (1)(c) must contain the individual's name and any other information required by the by-laws to be kept in the register.

7(4) Each register established under this section must be open to inspection by members of the public at the head office of the association during regular business hours, free of charge. A register may also be made available electronically.

Removal from register

8(1) The registrar must remove or cause the removal of the name of any individual from a register who fails to meet or maintain the requirements for entry in the register or whose registration has been cancelled, surrendered or not renewed.

Effect of removal from register

8(2) An individual's registration terminates and ceases to have effect when the name of the individual is removed from the register.

REGISTRATION

Registration as registered landscape architect

9(1) The registration committee must — upon application by an individual in accordance with the by-laws, including payment of the prescribed fees — register the individual as a registered landscape architect, with or without conditions, if the committee is satisfied that the individual

(a) meets the educational and other qualifications and any competency or practising requirements set out in the by-laws for registration as a registered landscape architect; or

(b) is entitled to be registered by virtue of The Labour Mobility Act.

Registration as candidate member

9(2) The registration committee must — upon application by an individual in accordance with the by-laws, including payment of the prescribed fees — register the individual as a candidate member, with or without conditions, if the committee is satisfied that the individual

(a) meets the educational and other qualifications and any competency or practising requirements set out in the by-laws for registration as a candidate member; or

(b) is entitled to be registered by virtue of The Labour Mobility Act.

Name to be entered in appropriate register

9(3) The registrar must

(a) upon an individual being registered under subsection (1), enter the individual's name in the register of registered landscape architects; and

(b) upon an individual being registered under subsection (2), enter the individual's name in the register of candidate members.

Application for registration refused

10(1) If the registration committee refuses an application for registration or approves an application subject to conditions, it must give written notice to the applicant, with reasons for the decision, and advise the applicant of the right to appeal the decision of the registration committee to the council.

Appeal to council

10(2) An applicant whose application is refused by the registration committee or whose application is approved by the registration committee subject to conditions may, by giving written notice within 30 days after receiving notice of the decision, appeal the decision of the registration committee to the council, specifying the reasons for the appeal.

Hearing

10(3) On receiving a notice of appeal under this section, the council must

(a) schedule a hearing to be held within 60 days after the notice of appeal is received unless the applicant consents in writing to a later date; and

(b) give written notice to the applicant of the date, time and place of the hearing.

Right to appear and make representations

10(4) An applicant who appeals a decision of the registration committee is entitled to appear at the hearing, with or without counsel, and make representations.

Participation by registration committee

10(5) Any member of the registration committee who is also a member of the council may participate in the appeal but must not vote on a decision under subsection (6).

Decision by council

10(6) The council must decide the appeal within 30 days after the hearing and may make any decision the registration committee could have made.

Notice of decision on appeal

10(7) Within 30 days after deciding the appeal, the council must give written notice to the applicant of its decision and the reasons for the decision.

Appeal to court

10(8) An applicant whose application for registration is refused by the council or whose application is approved by the council subject to conditions may appeal the decision to the court by filing a notice of application in the court within 30 days after the date on which the applicant is notified of the council's decision.

Powers of court on appeal

10(9) After hearing an appeal, the court may

(a) dismiss the appeal;

(b) make any decision that in its opinion ought to have been made; or

Certificate of registration to be issued

11(1) Upon entering an individual's name in the register of registered landscape architects or the register of candidate members under clause 9(3)(a) or (b), the registrar must issue a certificate of registration to the individual.

Certificate's period of validity

11(2) Unless the member's registration is sooner cancelled or surrendered, a certificate of registration issued to the member under subsection (1) is valid only for the period indicated on the certificate.

Renewal of membership

12 An individual's membership may be renewed for a further period in accordance with the by-laws.

PROHIBITIONS

Prohibitions on holding out or use of title

13 A person other than a registered landscape architect must not

(a) publicly or privately, whether or not for hire, gain or hope of reward, hold themselves out in any way as being a registered landscape architect; or

(b) use the following designation or abbreviated designation, a variation of either that implies that the person is a registered landscape architect or an equivalent of either in another language:

(i) "Registered Landscape Architect",

(ii) "R.L.A.",

(iii) landscape architect.

False or misleading information

14 A person must not knowingly provide false or misleading information in or in respect of

(a) an application made under this Act; or

(b) a statement, document or other information given or provided under this Act.

PART 5
COMPLAINTS

Definitions

15 The following definitions apply in this Part.

"complaint" includes a matter referred under clause 18(1)(b). (« plainte »)

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

"investigated member" means a member or former member who is the subject of an investigation or whose conduct is the subject of a hearing under this Part. (« membre faisant l'objet de l'enquête »)

COMPLAINTS COMMITTEE

Complaints committee

16(1) The council must appoint a complaints committee consisting of

(a) a registered landscape architect who is to be the chair of the committee;

(b) one or more other members of the association; and

Public representatives

16(2) At least 1/3 of the individuals appointed to the complaints committee must be public representatives.

Complaints against members

17(1) Any person may make a complaint in writing to the registrar about the conduct of a member and the complaint must be dealt with in accordance with this Part.

Complaints against former members

17(2) If, within five years after a member's registration has been cancelled or suspended,

(a) a complaint or a referral under clause 18(1)(b) is made about the former member; and

(b) the complaint or referral relates to conduct occurring before the cancellation or suspension;

the complaint or referral may, despite the cancellation or suspension, be dealt with as if the member's registration were still in effect.

Referral to complaints committee

18(1) The registrar must refer to the complaints committee

(a) a complaint made under section 17; and

(b) any other matter that the registrar considers appropriate.

Notice of referral

18(2) On referring a complaint to the complaints committee, the registrar must give notice of the referral to the investigated member and the complainant.

Informal resolution

19(1) On receiving a referral of a complaint, the complaints committee may attempt to resolve it informally if the committee considers it appropriate.

Investigation

19(2) If informal resolution of a complaint is attempted and the complaint is not resolved to the complainant's satisfaction, the complaints committee must direct that an investigation into the conduct of the investigated member be held and must appoint an investigator to conduct the investigation. If informal resolution is not attempted, the committee may, at any time, direct that an investigation be held and appoint an investigator in respect of any complaint that is referred to it, if the committee considers it appropriate to do so.

Persons eligible to be appointed investigator

19(3) Any person, including a member of the complaints committee but not including the registrar, is eligible for appointment as an investigator.

Records and information

19(4) An investigator appointed under subsection (2) may do one or more of the following:

(a) require the investigated member or any other member to produce to the investigator any records in their possession or under their control that may be relevant to the investigation;

(b) require the investigated member or any other member to be interviewed for the purpose of the investigation;

Failure to produce records

19(5) The association may apply to the court for an order directing

(a) any member to produce to the investigator any records in their possession or under their control if it is shown that the member failed to produce them when required to do so by the investigator; or

(b) any person to produce to the investigator any records in their possession or under their control that are or may be relevant to the complaint being investigated.

Investigation of other matters

19(6) The investigator may investigate any other matter related to the professional conduct or skill in the investigated member's practice that arises in the course of the investigation.

Report to complaints committee and investigated member

19(7) On concluding the investigation, the investigator must report their findings to the complaints committee, which must give a copy of the report to the investigated member.

DECISION OF COMPLAINTS COMMITTEE

Decision of complaints committee

20(1) The complaints committee may, after review or investigation,

(a) direct that the matter be referred, in whole or in part, to the inquiry committee;

(b) direct that the matter not be referred to the inquiry committee;

(d) censure the investigated member if

(i) at least one member of the committee has met with the investigated member and the investigated member has agreed to accept the censure, and

(ii) the committee has determined that no action is to be taken against the investigated member other than censure;

(e) refer the matter to mediation if the committee determines that it is strictly a matter of concern to the complainant and the investigated member and both parties agree to mediation; or

(f) enter into an agreement with the investigated member that provides for one or more of the following:

(i) assessing the member's capacity or fitness to practise landscape architecture,

(ii) counselling or treatment of the member,

(iii) monitoring or supervising the member's practice,

(iv) requiring the member to complete a specified course of studies by way of remedial training,

(v) imposing conditions on the member's registration.

Matter not resolved by mediation

20(2) If a matter referred to mediation under clause (1)(e) cannot be resolved, it must be referred back to the complaints committee, which may make any other decision under subsection (1) that it considers appropriate.

Decision given to member and complainant

20(3) The complaints committee must give written notice to the investigated member and the complainant setting out its decision and the reasons for the decision.

Hearing not required

20(4) The complaints committee is not required to hold a hearing or give any person an opportunity to appear or make oral or written submissions before making a decision under this section.

Conditions on right to practise

21(1) If the complaints committee enters into an agreement with an investigated member imposing conditions on the member's registration under subclause 20(1)(f)(v), those conditions may include one or more of the conditions described in section 24.

Costs

21(2) The complaints committee may order the investigated member to pay all or part of the costs incurred by the association in monitoring compliance with conditions imposed on the member's registration under an agreement entered into under subclause 20(1)(f)(v). The committee may also order the member to pay all or part of the costs of the investigation.

CENSURE

Personal appearance

22(1) The complaints committee may require an investigated member who is censured under clause 20(1)(d) to appear personally before the committee to be censured.

Publication of censure

22(2) The complaints committee may publish the fact that an investigated member has been censured, and publication may include the member's name and a description of the circumstances that led to the censure.

Order for costs

22(3) The complaints committee may order an investigated member who is censured to pay all or part of the costs of the investigation.

VOLUNTARY SURRENDER OF REGISTRATION

Voluntary surrender of registration

23(1) If the complaints committee accepts the voluntary surrender of an investigated member's registration under clause 20(1)(c), the committee may direct the member to do one or more of the following, to the satisfaction of any person or committee that the complaints committee may specify, before the member's registration may be reinstated:

(a) obtain counselling or treatment;

(b) complete a specified course of studies;

Order for costs

23(2) The complaints committee may order the investigated member to pay all or part of the costs incurred by the association in monitoring compliance with a direction given under subsection (1) and to pay all or part of the costs of the investigation up to the day on which the voluntary surrender takes effect.

Conditions on reinstatement

24 A voluntary surrender remains in effect until the complaints committee is satisfied that the conduct or complaint that was the subject of the investigation has been resolved, at which time the committee may impose conditions on the investigated member's registration, including conditions that the member do one or more of the following:

(a) limit their practice;

(b) practise under supervision;

(d) comply with any other conditions that the committee considers appropriate in the circumstances;

and may order the member to pay all or part of the costs incurred by the association in monitoring compliance with the conditions.

APPEAL BY COMPLAINANT

Appeal by complainant to council

25(1) If the complaints committee makes a decision under clause 20(1)(b), (d) or (f), the complainant may appeal the decision to the council.

Notice

25(2) The complainant may, by giving written notice to the registrar within 30 days after receiving notice of the decision under subsection 20(3), appeal the decision of the complaints committee to the council, specifying the reasons for the appeal.

Powers on appeal

25(3) On receiving notice of an appeal under this section, the council must do one or more of the following:

(a) make any decision that in its opinion ought to have been made by the complaints committee;

(b) quash, vary or confirm the decision of the complaints committee;

(c) refer the matter back to the complaints committee for further consideration in accordance with any direction of the council.

Notice of decision on appeal

25(4) The council must give written notice to the investigated member and the complainant of its decision and the reasons for the decision.

Hearing not required

25(5) The council is not required to hold a hearing or give any person an opportunity to appear or make oral submissions before making a decision under this section, but it must give the investigated member and the complainant an opportunity to make written submissions.

MISCELLANEOUS

Referral to inquiry committee

26 Despite any other action it may have taken, with the exception of a censure, the complaints committee may at any time refer to the inquiry committee a matter that was the subject of an investigation.

Disclosure of information to authorities

27 Despite any other provision of this Act, the complaints committee may disclose to a law enforcement authority any information respecting possible criminal activity on the part of a member that is obtained during an investigation under this Part.

INQUIRY COMMITTEE

Inquiry committee

28(1) The council must appoint an inquiry committee consisting of

(a) a registered landscape architect who is to be the chair of the committee;

(b) one or more other members of the association; and

Public representatives

28(2) At least 1/3 of the individuals appointed to the inquiry committee must be public representatives.

Selection of hearing panel

29(1) Within 30 days after a matter is referred to the inquiry committee, the chair must select a panel from among the members of the inquiry committee to hold a hearing and must appoint a member of the panel as its chair.

Composition

29(2) A panel is to be composed of at least three members, one of whom must be a public representative.

Exclusion from panel

29(3) An individual must not be selected for a panel if the individual has taken part in the review or investigation of what is to be the subject matter of the panel's hearing.

Effect of member being unable to continue

29(4) If a hearing has begun and a member of the panel is unable to continue to sit as a member, the panel may complete the hearing if at least three members remain and one of them is a public representative.

HEARINGS

Hearing

30(1) A panel selected under subsection 29(1) to hold a hearing about a matter must hold the hearing within 90 days after the matter is referred to the inquiry committee.

Notice of hearing

30(2) At least 30 days before the date of the hearing, the registrar must give written notice to the investigated member and the complainant of the date, time and place of the hearing and identify in general terms the matter about which the hearing is to be held.

Public notice of hearing

30(3) The registrar may give public notice of the hearing in any manner they consider appropriate, but the notice must not include the name of the investigated member.

Procedure

31(1) Subject to any prescribed procedural rules for the inquiry committee, the inquiry committee may determine its own practice and procedure.

Rules of evidence do not apply

31(2) A panel is not bound by the rules of evidence that apply to judicial proceedings.

Right to appear and be represented

31(3) The association and the investigated member may appear and be represented by counsel at a hearing and the panel may have counsel to assist it.

Adjournments

31(4) The chair of the panel may adjourn a hearing from time to time.

Recording of evidence

31(5) The oral evidence given at a hearing must be recorded.

Member may examine documentary evidence

32(1) At least five days before the hearing, the investigated member must be given the opportunity to examine any written or documentary evidence that is to be produced and any report, the contents of which are to be given in evidence at the hearing.

Member to provide documentary evidence

32(2) If the investigated member intends to rely on any written or documentary evidence or any report at the hearing, the member must provide a copy of the evidence or report to the association at least five days before the hearing.

Evidence of expert without report

32(3) If either the investigated member or the association intends to call an expert as a witness at the hearing and there is no report from the expert, a summary of the expert's intended evidence, including their findings, opinions and conclusions, must be provided to the other party at least five days before the hearing.

Failure to comply — documentary evidence or summary

32(4) If

(a) the requirements of subsection (1) or (2) respecting written or documentary evidence or a report are not complied with; or

(b) a summary is not provided in accordance with subsection (3);

the written or documentary evidence or report must not be produced as evidence or the expert must not testify, as the case may be, unless the panel gives leave.

Investigation of other matters

33 The panel may investigate and hear any other matter concerning the conduct of the investigated member that arises in the course of its proceedings. In that event, the panel must declare its intentions to investigate the other matter and must permit the member sufficient opportunity to prepare a response.

Hearing open to public

34(1) Except as otherwise provided in this section, a hearing of the panel must be open to the public, but there must be no reporting in the media of anything that would identify the investigated member, including the member's name, business name and business address, unless and until the panel makes a finding under section 38.

Request for private hearing

34(2) The investigated member or the association may request that the hearing or any part of it be held in private.

When private hearing may be held

34(3) When a request is made under subsection (2), the panel may make an order excluding the public from the hearing or any part of it or directing that the investigated member, the complainant or any witness be identified only by initials if the panel is satisfied that

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed at the hearing that are of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public;

(d) the safety of a person may be jeopardized.

Reasons for excluding public to be available

34(4) The panel must ensure that an order made under subsection (3) and the reasons for the order are either given orally at the hearing or made available to the public in writing.

Evidence

35(1) At a hearing, the oral evidence of witnesses must be taken on oath or affirmation and each party has the right to cross-examine witnesses and call evidence in defence and reply.

Power to administer oaths, affirmations

35(2) For the purpose of an investigation or hearing under this Act, the registrar and the chair of the panel have the power to administer oaths or affirmations.

Witnesses

36(1) Any person other than the investigated member who in the opinion of the panel has knowledge of the complaint or matter being heard is a compellable witness in any proceeding before the panel.

Notice to attend and produce records

36(2) The attendance of witnesses before the panel and the production of records may be enforced by a notice given by the registrar requiring a witness to attend and stating the date, time and place at which the witness is to attend and the records, if any, that the witness is required to produce.

Registrar to give notices

36(3) On the written request of the investigated member or their counsel or agent, the registrar must give any notices that the member requires for the attendance of witnesses or the production of records.

Witness fees

36(4) A witness other than the investigated member who has been given a notice to attend or a notice for production under this section is entitled to be paid the same fees in the same manner as a witness in an action in court.

Failure to attend or give evidence

36(5) A proceeding for civil contempt of court may be brought against a witness who

(a) fails to attend before the panel as required by a notice to attend;

(b) fails to produce any records as required by a notice to produce them; or

Hearing in absence of member

37 The panel, on proof of service on the investigated member of the notice of hearing, may

(a) proceed with the hearing in the absence of the member or their counsel or agent; and

(b) act, decide or report on the matter being heard in the same way as if the member were in attendance.

DECISION OF PANEL

Decision of panel

38(1) At the conclusion of a hearing, the panel may decide that no further action is to be taken against the investigated member or make any finding described in subsection (2).

Findings of panel

38(2) If, at the conclusion of a hearing, the panel finds that the investigated member

(a) is guilty of professional misconduct;

(b) has contravened this Act;

(d) has displayed a lack of knowledge or lack of skill or judgment in the practice of landscape architecture;

(e) has demonstrated an incapacity or unfitness to practise landscape architecture;

(f) is suffering from an ailment, emotional disturbance or addiction that impairs their ability to practise landscape architecture; or

(g) is guilty of conduct unbecoming a member;

the panel may make an order against the investigated member under this Part.

Orders of panel

39(1) If the panel makes any findings described in subsection 38(2), it may make an order against the investigated member doing one or more of the following:

(a) reprimanding the member;

(b) suspending the member's registration for a stated period;

(c) suspending the member's registration until the member has completed a specified course of studies or supervised practical experience, or both, to the satisfaction of any person or committee that the panel may specify;

(d) suspending the member's registration until the member satisfies a person or committee specified by the panel that the ailment, emotional disturbance or addiction no longer impairs their ability to practise landscape architecture;

(e) accepting, in place of suspending the member's registration, the member's undertaking to limit their practice;

(f) imposing conditions on the member's registration, including conditions that they

(i) practise under supervision, or

(ii) report on specified matters to any person or committee that the panel may specify;

(g) requiring the member to take counselling or treatment;

(h) cancelling the member's registration.

Panel may consider past censure

39(2) To assist the panel in making an order under this section, the panel may be advised of any censure or order previously given to the investigated member and the circumstances under which it was made.

Ancillary orders

39(3) The panel may make any ancillary order that is appropriate or required in connection with an order made under subsection (1) or may make any other order that it considers appropriate in the circumstances, including an order that

(a) a further or new investigation be held into any matter; or

(b) a panel be convened to hear a complaint without an investigation.

Costs when conditions imposed

39(4) If the panel imposes conditions on an investigated member's registration under clause (1)(f), it may also order the member to pay all or part of the costs incurred by the association in monitoring compliance with the conditions.

Contravention of order

39(5) If the council is satisfied that an investigated member has contravened an order made under subsection (1), it may, without a further hearing, cancel the member's registration.

Costs and fines

40(1) The panel may, in addition to or instead of dealing with the investigated member's conduct in accordance with section 39, order that the member pay to the association, within the time set by the order,

(a) all or part of the costs of the investigation, hearing and panel;

(b) a fine not exceeding $30,000; or

Nature of costs

40(2) The costs referred to in subsection (1) may include, but are not limited to,

(a) all disbursements incurred by the association, including

(i) fees and expenses for experts, investigators and auditors whose reports or attendance were reasonably necessary for the investigation or hearing,

(ii) fees, travel costs and reasonable expenses of any witness required to appear at the hearing,

(iii) fees for retaining a reporter and preparing transcripts of the proceedings, and

(iv) costs of service of documents, long-distance telephone charges, courier delivery charges and similar miscellaneous expenses;

(b) payments of remuneration and reasonable expenses made to members of the panel or the complaints committee; and

(c) costs incurred by the association in providing counsel for the association and the panel, whether or not counsel is employed by the association.

Failure to pay costs and fines before time ordered

40(3) If the investigated member is ordered to pay costs or a fine or both under subsection (1) or costs under subsection 39(4) and fails to pay within the time ordered, the registrar may suspend the member's registration until payment is made.

Filing of order

40(4) The association may file an order under subsection (1) in the court, and on the order being filed it may be enforced in the same manner as a judgment of the court.

Written decision

41(1) Within 60 days after the completion of a hearing, the panel must make a written decision on the matter, consisting of its findings, any order made by it and the reasons for the decision.

Decision must be given to registrar

41(2) The panel must promptly give to the registrar

(a) the written decision; and

(b) any record of the proceedings and all exhibits and documents.

Service of decision

41(3) Upon receiving the decision, the registrar must give a copy of the decision to the investigated member and the complainant.

Copies of transcript

41(4) The investigated member may examine the record of proceedings before the panel and is entitled to receive, on payment of the cost of providing it, a transcript of the oral evidence given before the panel.

Publication of decision

42 Despite the fact that a proceeding or part of a proceeding under this Part may have been held in private, the association may, after the decision has been given to the investigated member and the complainant, publish the circumstances relevant to the findings and any order of the panel. If the panel makes an order against the member under section 39 or 40, the association may also publish the member's name.

APPEAL TO COURT OF APPEAL

Appeal to Court of Appeal

43(1) An investigated member may appeal the following decisions of a panel to the Court of Appeal:

(a) a finding made under subsection 38(2);

(b) an order made under section 39 or 40.

Commencement of appeal

43(2) The appeal may be commenced by

(a) filing a notice of appeal; and

(b) giving a copy of the notice of appeal to the registrar;

within 30 days after the date on which the decision of the panel is given to the investigated member.

Appeal on record

43(3) The appeal must be based on the record of the hearing before the panel and the decision of the panel.

Powers of Court of Appeal

44 Upon hearing the appeal, the Court of Appeal may

(a) make any finding or order that in its opinion ought to have been made;

(b) quash, vary or confirm the decision of the panel or any part of it; or

Stay pending appeal

45 A decision and any order of the panel remains in effect pending an appeal unless the Court of Appeal, on application, stays the decision and any order pending the appeal.

REINSTATEMENT

Reinstatement

46 The council may, on application by an individual whose registration has been cancelled, direct the registrar to reinstate the individual's registration, subject to any conditions that the council may impose, and may order the individual to pay all or part of the costs incurred by the association in monitoring compliance with the conditions.

PART 6
COMPLIANCE

INSPECTORS

Appointment of inspectors

47(1) The association may appoint one or more persons as inspectors for the purpose of this Act.

Review of member's practice

47(2) An inspector may review the practice of a member and must report their findings to the registrar on the conclusion of each review.

Entry of premises and inspection of records

48(1) For the purpose of administering or determining compliance with this Act, an inspector may, at any reasonable time and if requested upon presentation of an identification card issued by the association, do one or more of the following:

(a) without a warrant, enter the office of a member or any other building or place other than a dwelling and make any inspections that are reasonably required to administer or determine compliance with this Act;

(b) during an inspection of premises under clause (a) and upon giving a receipt, remove a record, document or other thing relevant to the inspection for the purpose of making copies or extracts or for examination purposes;

(c) require a member to produce any record, document or other thing that the inspector reasonably requires for the purpose of administering or determining compliance with this Act.

Entry of dwelling with consent

48(2) Despite clause (1)(a), the inspector may enter a dwelling with the consent of the owner or occupant and take any action described in subsection (1).

Admissibility of copies

48(3) A copy of a record or document made under clause (1)(b) and certified to be a true copy by the inspector is, in the absence of evidence to the contrary, admissible in evidence in any proceeding or prosecution as proof of the original record or document and its contents.

Warrant for entry and inspection

48(4) A justice who is satisfied by information on oath that there are reasonable grounds to believe that

(a) entry into premises is necessary for the purpose of administering or determining compliance with this Act; and

(b) in the case of a dwelling,

(i) entry has been or will be refused, or

(ii) the occupant is temporarily absent;

may issue a warrant authorizing the inspector and any other person named in the warrant, with such peace officers as are required to assist, to enter and inspect the premises and to use such force as is necessary.

Abandoned building not a dwelling

48(5) In this section, "dwelling" does not include a building that an inspector reasonably believes to have been abandoned.

Conditions

48(6) A warrant may be made subject to any conditions that may be specified in it.

Obtaining assistance

48(7) In exercising a power under this section, the inspector may obtain such assistance from a peace officer or other person as the inspector reasonably considers necessary.

Concealing, etc., records from the inspector

48(8) A person must not conceal, destroy or withhold from the inspector any record, document or other thing that the inspector believes may be relevant to the inspection.

OFFENCES

Offence

49(1) A person who contravenes a provision of this Act, other than section 55, is guilty of an offence and is liable on conviction

(a) for a first offence, to a fine of not more than $15,000; and

(b) for a second or subsequent offence, to a fine of not more than $30,000.

Offence — confidentiality of information

49(2) A person who contravenes section 55 is guilty of an offence and is liable on conviction to a fine of not more than $50,000.

Directors, officers and employees

49(3) If a corporation commits an offence under this Act, a director, officer or employee of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence, whether or not the corporation has been prosecuted or convicted, and is liable, on conviction, to a fine described in subsection (1) or (2), as the case may be.

Limitation on prosecution

49(4) A prosecution under this Act may be commenced within two years after the date of the commission of the alleged offence 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.

Fines payable to government

49(5) Any fines recovered under this section are first paid to the convicting court and then paid to the government.

Prosecution of offence

49(6) Any person may be a prosecutor in the prosecution of an offence under this Act and the government may pay to the prosecutor a portion of any fine recovered, in an amount that it considers appropriate, toward the costs of the prosecution.

Stay of proceedings

49(7) When the association is the prosecutor of an offence under this Act, the association may apply for a stay of proceedings in the prosecution and the court must grant the stay.

Single act of unauthorized practice

50 In any prosecution under this Act, it is sufficient to prove that the accused has committed on one occasion any of the acts prohibited by this Act.

INJUNCTION

Injunction

51 The court may, on application by the association, grant an injunction enjoining any person from doing any act that contravenes any provision of this Act, despite any penalty that may be provided by this Act in respect of the contravention.

PART 7
GENERAL PROVISIONS

SERVICE OF DOCUMENTS

Service of documents

52(1) A notice, order or other document under this Act is sufficiently given or served if it is

(a) delivered personally; or

(b) sent by registered mail or another service that provides the sender with proof of delivery to the intended recipient at the recipient's last address appearing in the records of the association.

Deemed receipt

52(2) A notice, order or other document sent by registered mail is deemed to be given or served five days after the day it is sent.

REGISTRAR'S CERTIFICATE

Registrar's certificate

53 A certificate purporting to be signed by the registrar and stating that

(a) a named person was or was not, on a specified day or during a specified period,

(i) a member of the association,

(ii) an inspector appointed by the association, or

(iii) an officer or investigator of the association or a member of the council or of a committee established by or under this Act; or

(b) a copy of a by-law is a true copy of a by-law of the association and that it was in force on a specified day or during a specified period;

is, in the absence of evidence to the contrary, admissible in evidence in any proceeding or prosecution as proof of the facts stated. Proof of the registrar's appointment or signature is not required.

PROTECTION FROM LIABILITY

Protection from liability

54 An action must not be brought against the association, the council, the registrar, a person conducting an investigation, an inspector, a member of a committee established by or under this Act or any employee, officer or person acting on the instructions of any of them, for anything done or omitted to be done in good faith in the exercise or intended exercise of any duty or power under this Act.

CONFIDENTIALITY OF INFORMATION

Confidentiality of information

55 Every person employed, appointed or retained for the purpose of administering or determining compliance with this Act and every member of the council or a committee established by or under this Act must maintain as confidential all information that comes to their knowledge in the course of their duties and must not disclose this information to any other person, except

(a) to the extent the information is available to the public or is required to be disclosed under this Act;

(b) as necessary to administer or determine compliance with this Act, including, but not limited to, the registration of members, complaints about members, allegations of incapacity, unfitness, incompetence or acts of professional misconduct involving a member, or the governing of the profession; or

EMPLOYER'S RESPONSIBILITY

Responsibility to report misconduct

56 If a person who is an employer of a member terminates the employment for incapacity, incompetence or misconduct, the employer must promptly report the termination to the registrar and give the member a copy of the report.

PART 8
TRANSITIONAL, C.C.S.M. REFERENCE AND COMING INTO FORCE

Membership continued

57 The registrar must enter the name of every person who is a member in good standing of the Manitoba Association of Landscape Architects Inc. on the day this Act comes into force into the appropriate category of the register of registered landscape architects.

Powers of existing council, etc., under this Act

58(1) After this Act receives royal assent but before it comes into force, the existing council of the Manitoba Association of Landscape Architects Inc. and its staff and committees may do anything that is necessary or advisable to bring this Act into force, including the making of by-laws, and may perform any activities that the council established under this Act and its staff and committees could do under this Act if it were in force.

Existing council may continue to act

58(2) The members of the council of the Manitoba Association of Landscape Architects Inc. on the day this Act comes into force are deemed to be the members of the council under this Act, elected or appointed for the same period and holding the same offices, until a council is established in accordance with section 3 of this Act.

C.C.S.M. reference

59 This Act may be referred to as chapter R41 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

60 This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

The Registered Landscape Architects Act is established to provide self-governing authority for and title protection to landscape architects.

The Manitoba Association of Landscape Architects becomes the profession's regulatory body and a governing council is established with public representatives. Only registered members can use the title "Registered Landscape Architect". A process is created for complaints against and discipline of members.