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S.M. 2015, c. 37
Bill 31, 4th Session, 40th Legislature
The Registered Professional Planners Act
| PART 1 | ||
| INTERPRETATION | ||
| 1 | (1) | Definitions |
| (2) | Reference to "Act" includes by-laws | |
| PART 2 | ||
| MANITOBA PROFESSIONAL PLANNERS INSTITUTE | ||
| 2 | (1) | Institute established |
| (2) | Membership | |
| (3) | Powers and capacity | |
| (4) | Duty to serve the public interest | |
| (5) | Mandate of the institute | |
| (6) | Annual general meetings | |
| (7) | Special general meetings | |
| (8) | Notice of meetings | |
| 3 | (1) | Council established |
| (2) | Council to manage affairs | |
| (3) | Composition of the council | |
| (4) | Public representatives | |
| (5) | By-laws for election or appointment of members | |
| 4 | (1) | Council appointments |
| (2) | Appointment of registration committee | |
| PART 3 | ||
| BY-LAWS | ||
| 5 | (1) | By-laws |
| (2) | Approval of by-laws | |
| 6 | By-laws are public documents | |
| PART 4 | ||
| REGISTRATION | ||
| REGISTERS | ||
| 7 | (1) | Establishing registers |
| (2) | Entry in the register of RPPs or candidate members | |
| (3) | Entry in other registers | |
| (4) | Registers are open to the public | |
| 8 | (1) | Removal from register |
| (2) | Effect of removal from register | |
| REGISTRATION | ||
| 9 | (1) | Registration as a registered professional planner |
| (2) | Registration as a candidate member | |
| (3) | Name to be entered in appropriate register | |
| 10 | (1) | Application for registration not approved |
| (2) | Appeal to the council | |
| (3) | Hearing | |
| (4) | Right to appear and make representations | |
| (5) | Participation by registration committee | |
| (6) | Decision by the council | |
| (7) | Notice of decision on appeal | |
| (8) | Appeal to court | |
| (9) | Powers of court on appeal | |
| 11 | (1) | Certificate of registration to be issued |
| (2) | Period of validity of certificate | |
| 12 | Renewal of membership | |
| PROHIBITIONS | ||
| 13 | Prohibitions on holding out or use of title | |
| 14 | False or misleading information | |
| PART 5 | ||
| COMPLAINTS | ||
| 15 | Definitions | |
| COMPLAINTS COMMITTEE | ||
| 16 | (1) | Complaints committee |
| (2) | Public representatives | |
| 17 | (1) | Complaints against members |
| (2) | Complaints against former members | |
| 18 | (1) | Referral to complaints committee |
| (2) | Notice of referral | |
| 19 | (1) | Informal resolution |
| (2) | Investigation | |
| (3) | Persons eligible to be an investigator | |
| (4) | Records and information | |
| (5) | Failure to produce records | |
| (6) | Investigation of other matters | |
| (7) | Report to the complaints committee and investigated member | |
| DECISION OF COMPLAINTS COMMITTEE | ||
| 20 | (1) | Decision of complaints committee |
| (2) | Matter not resolved by mediation | |
| (3) | Decision given to member and complainant | |
| (4) | Hearing not required | |
| 21 | (1) | Conditions on right to practise |
| (2) | Costs | |
| CENSURE | ||
| 22 | (1) | Personal appearance |
| (2) | Publication of censure | |
| (3) | Order for costs | |
| VOLUNTARY SURRENDER OF REGISTRATION | ||
| 23 | (1) | Voluntary surrender of registration |
| (2) | Order for costs | |
| 24 | Conditions on reinstatement | |
| APPEAL BY COMPLAINANT | ||
| 25 | (1) | Appeal by complainant to the council |
| (2) | Notice | |
| (3) | Power on appeal | |
| (4) | Notice of decision | |
| (5) | Hearing not required | |
| MISCELLANEOUS | ||
| 26 | Referral to inquiry committee | |
| 27 | Disclosure of information to authorities | |
| INQUIRY COMMITTEE | ||
| 28 | (1) | Inquiry committee |
| (2) | Public representatives | |
| 29 | (1) | Selection of panel |
| (2) | Composition | |
| (3) | Exclusion from panel | |
| (4) | Effect of member being unable to continue | |
| HEARINGS | ||
| 30 | (1) | Hearing |
| (2) | Date of hearing | |
| (3) | Notice of hearing | |
| (4) | Public notice of hearing | |
| 31 | (1) | Procedure |
| (2) | Rules of evidence do not apply | |
| (3) | Right to appear and be represented | |
| (4) | Adjournments | |
| (5) | Recording of evidence | |
| 32 | (1) | Member may examine documentary evidence |
| (2) | Member to provide documentary evidence | |
| (3) | Evidence of expert without report | |
| (4) | Failure to comply — documentary evidence or summary | |
| 33 | Investigation of other matters | |
| 34 | (1) | Hearing open to public |
| (2) | Request for private hearing | |
| (3) | When private hearing may be held | |
| (4) | Reasons for excluding the public to be available | |
| 35 | (1) | Evidence |
| (2) | Power to administer oaths | |
| 36 | (1) | Witnesses |
| (2) | Notice to attend and produce records | |
| (3) | Registrar to provide notices | |
| (4) | Witness fees | |
| (5) | Failure to attend or give evidence | |
| 37 | Hearing in absence of member | |
| DECISION OF PANEL | ||
| 38 | (1) | Decision of the panel |
| (2) | Findings of panel | |
| 39 | (1) | Orders of the panel |
| (2) | Panel may consider past censure | |
| (3) | Ancillary orders | |
| (4) | Costs when conditions imposed | |
| (5) | Contravention of order | |
| 40 | (1) | Costs and fines |
| (2) | Nature of costs | |
| (3) | Failure to pay costs and fines by time ordered | |
| (4) | Filing of order | |
| THE DECISION | ||
| 41 | (1) | Written decision |
| (2) | Decision forwarded to registrar | |
| (3) | Service of decision | |
| (4) | Copies of transcript | |
| 42 | Publication of decision | |
| APPEAL TO COURT OF APPEAL | ||
| 43 | (1) | Appeal to Court of Appeal |
| (2) | Commencement of appeal | |
| (3) | Appeal on the record | |
| 44 | Powers of Court on appeal | |
| 45 | Stay pending appeal | |
| REINSTATEMENT | ||
| 46 | Reinstatement | |
| PART 6 | ||
| COMPLIANCE | ||
| INSPECTORS | ||
| 47 | (1) | Appointment of inspectors |
| (2) | Review of a practice | |
| 48 | (1) | Entry of premises and inspection of records |
| (2) | Entry of dwelling with consent | |
| (3) | Admissibility of copies | |
| (4) | Warrant for entry and inspection | |
| (5) | Abandoned building not a dwelling | |
| (6) | Conditions | |
| (7) | Obtaining assistance | |
| (8) | Concealing, etc., records from an inspector | |
| OFFENCES | ||
| 49 | (1) | Offence |
| (2) | Offence re confidentiality of information | |
| (3) | Officers, directors and employees | |
| (4) | Limitation on prosecution | |
| (5) | Fines payable to the government | |
| (6) | Prosecution of offence | |
| (7) | Stay of proceedings | |
| 50 | Single act of unauthorized practice | |
| INJUNCTION | ||
| 51 | Injunction | |
| PART 7 | ||
| GENERAL PROVISIONS | ||
| SERVICE OF DOCUMENTS | ||
| 52 | (1) | Service of documents |
| (2) | Deemed receipt | |
| REGISTRAR'S CERTIFICATE | ||
| 53 | Registrar's certificate | |
| PROTECTION FROM LIABILITY | ||
| 54 | Protection from liability | |
| CONFIDENTIALITY OF INFORMATION | ||
| 55 | Confidentiality of information | |
| EMPLOYER'S RESPONSIBILITY | ||
| 56 | Responsibility to report misconduct | |
| PART 8 | ||
| TRANSITIONAL, C.C.S.M. REFERENCE AND COMING INTO FORCE | ||
| 57 | Membership continued — full members | |
| 58 | (1) | Powers of existing council, etc., under this Act |
| (2) | Existing council continued | |
| 59 | C.C.S.M. reference | |
| 60 | Coming into force | |