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


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