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C.C.S.M. c. R43
The Registered Professional Planners Act
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(Assented to November 5, 2015)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following definitions apply in this Act.
"by-law" means a by-law of the institute 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 institute that certifies that the individual named on it is a registered professional planner or a candidate member. (« certificat d'inscription »)
"council" means the council of the institute. (« conseil »)
"court" means the Court of Queen's Bench. (« tribunal »)
"institute" means the Manitoba Professional Planners Institute. (« Institut »)
"member" means an individual whose name is entered on the register of registered professional planners or the register of candidate members. (« membre »)
"planning" includes the scientific, aesthetic and orderly allocation of land, resources, facilities and services with a view to maintaining and improving the physical environment and the economic and social conditions of urban and rural communities. (« urbanisme »)
"prescribed" means prescribed by the by-laws approved under this Act.
"public representative" means an individual who
(a) is a resident of Manitoba; and
(b) is not and has never been a member of the institute or of a similar self-governing body for the profession of planning in another jurisdiction. (« représentant du public »)
"register" means a register established under subsection 7(1). (« registre »)
"registered professional planner" means an individual whose name is entered in the register of registered professional planners. (« urbaniste professionnel »)
"registrar" means the registrar appointed under subsection 4(1). (« registraire »)
"registration committee" means the registration committee appointed under subsection 4(2). (« comité d'inscription »)
In this Act, a reference to "this Act" includes the by-laws approved under this Act.
MANITOBA PROFESSIONAL PLANNERS INSTITUTE
The Manitoba Professional Planners Institute is hereby established as a body corporate.
The membership of the institute consists of the individuals whose names are entered in the register of registered professional planners or the register of candidate members.
In carrying out its mandate and duties, the institute has all the powers and capacity of a natural person.
The institute must carry out its mandate, duties and powers and govern its members in a manner that serves and protects the public interest.
The institute has the following mandate:
(a) to promote and increase the professional knowledge, skill and proficiency of its members as professional planners;
(b) to regulate and govern the professional conduct and discipline of its members;
(c) to establish and enforce standards of qualification for the practice of planning, and to promote and contribute to the study and practice of planning in Manitoba;
(d) to establish and enforce standards for the professional responsibility and competence of its members;
(e) to participate in the development of public policy issues related to planning;
(f) to establish beneficial relationships with other organizations that have similar interests;
(g) to administer the institute's affairs, perform its duties and carry out its powers in accordance with this Act.
A general meeting of the institute must be held at least once a year, as determined by the council in accordance with the by-laws.
The institute must hold a special general meeting as follows:
(a) when the institute receives a request signed by at least 10% of the members of the institute entitled to vote, for the purpose specified in the request;
(b) at any other time for any purpose the council considers advisable.
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.
There is hereby established a governing body of the institute called the council.
(a) must manage and conduct the business and affairs of the institute; and
(b) may exercise and carry out the institute's mandate, duties and powers in the institute's name and on the institute's behalf.
The council must consist of not fewer than 6 and not more than 13 persons.
At least 1/3 of the members of the council must be public representatives.
Members of the council are to be elected or appointed in accordance with the by-laws.
The council must appoint a registrar, and may appoint any other officers or staff that it considers necessary to perform the work of the institute, in the manner and on the terms specified in the by-laws.
The council must appoint and maintain a registration committee consisting of the registrar and a minimum of three members of the institute, plus any other persons that the council may from time to time appoint.
The council may make, amend or repeal by-laws, not inconsistent with this Act or The Corporations Act,
(a) for the governance of the institute 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 professional planners 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 professional planner, candidate member or for any other category of registration;
(e) respecting the establishment, form, content and maintenance of registers, including specifying information that must be kept in a register;
(f) respecting the issuing, duration, renewal, suspension, surrender, cancellation and reinstatement of registration, including the imposing 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 institute 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 institute, meetings of the council and meetings of committees of the institute 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 persons entitled to vote at meetings;
(k) respecting the nomination, election, appointment or number of council members or officers of the institute, the filling of vacancies on the council, and prescribing the term of office and the duties and functions of those members or officers;
(l) respecting the appointment of a registrar and any staff that it considers necessary to perform the work of the institute;
(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 institute, and governing the operation of those committees;
(o) setting remuneration, fees or expenses payable to members of the council, or of committees established under this Act;
(p) prescribing procedural rules for the inquiry committee;
(q) prescribing fees or fines, payable to the institute, for any service, matter, or thing provided or done by the institute 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 to 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 planning profession under this Act;
(z) generally for the carrying out of the purposes of this Act.
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 of the institute are public documents, and a member of the public
(a) may inspect the by-laws at the head office of the institute during regular business hours, free of charge; and
(b) is entitled to be given a copy of a by-law by the institute, on request and at reasonable cost.
By-laws may also be made available to the public electronically.
The registrar must establish and maintain
(a) a register of registered professional planners in a form set out in the by-laws identifying every individual who is registered under subsection 9(1);
(b) a register of candidate members in a form set out in the by-laws identifying every individual who is registered under subsection 9(2); and
(c) any other registers required by the by-laws.
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;
(c) the individual's standing;
(d) any practice restrictions or other conditions imposed on the individual's registration; and
(e) any other information that the by-laws require to be kept in the register.
An entry in a register established under clause (1)(c) must contain the individual's name and any other information that the by-laws require to be kept in the register.
Each register under this section is open to inspection by members of the public at the head office of the institute during regular business hours, free of charge. A register may also be made available electronically.
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 or surrendered or not renewed.
An individual's registration terminates and ceases to have effect when the name of the individual is removed from the register.
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 professional planner, 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 professional planner; or
(b) is entitled to be registered by virtue of The Labour Mobility Act.
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.
The registrar must,
(a) upon an individual being registered under subsection (1), enter the individual's name in the register of registered professional planners; and
(b) upon an individual being registered under subsection (2), enter the individual's name in the register of candidate members.
If the registration committee does not approve an application for registration or approves an application subject to conditions, it must give written notice to the applicant, with reasons for its decision, and advise the applicant of the right to appeal the decision of the registration committee to the council.
A person whose application for registration is refused by the registration committee or whose application is approved by the registration committee subject to conditions may, by notice in writing 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.
On receiving a notice of appeal under this section, the council must
(a) schedule a hearing to be held within 60 days after receiving the notice of appeal, unless the applicant consents in writing to a later date; and
(b) give the applicant written notice of the date, place and time of the hearing.
An applicant who appeals a decision of the registration committee is entitled to appear at the hearing, with or without counsel, and make representations.
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).
The council must decide the appeal within 30 days after the hearing and may make any decision the registration committee could have made.
Within 30 days after deciding the appeal, the council must give the applicant written notice of its decision, with reasons.
A person 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 decision.
The court, on hearing an appeal, may
(a) dismiss the appeal;
(b) make any decision that in its opinion should have been made; or
(c) refer the matter back to the council for further consideration in accordance with any direction of the court.
Upon entering an individual's name in the register of registered professional planners or the register of candidate members under clause 9(3)(a) or (b), the registrar must issue a certificate of registration to the individual.
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 it.
A person's membership may be renewed for a further period in accordance with the by-laws.
No person other than a registered professional planner 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 registered professional planner; or
(b) use the following designation or abbreviated designation, a variation of either that implies that the person is a registered professional planner, or an equivalent of either in another language:
(i) "Registered Professional Planner",
No person shall 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.
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 »)
The council must appoint a complaints committee consisting of
(a) a registered professional planner who is to be the chair of the committee;
(b) one or more other members of the institute; and
(c) one or more public representatives.
At least 1/3 of the persons appointed to the complaints committee must be public representatives.
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.
If, within five years after the cancellation or suspension of the registration of a member,
(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 registration of the member were still in effect.
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.
On referring a matter to the complaints committee, the registrar must give notice of the referral to the investigated member and the complainant.
On receiving a referral of a complaint or other matter, the complaints committee may attempt to resolve it informally if the committee considers it appropriate.
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 or other matter that is referred to it, if the committee considers it appropriate to do so.
Any person, including a member of the complaints committee but not including the registrar, is eligible for appointment as an investigator.
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 his or her possession or under his or her 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;
(c) direct that an inspection or audit of the investigated member's practice be conducted.
The institute may apply to the court for an order
(a) directing any member to produce to the investigator any records in his or her possession or under his or her control, if it is shown that the person failed to produce them when required to do so by the investigator; or
(b) directing any person to produce to the investigator any records in his or her possession or under his or her control that are or may be relevant to the complaint being investigated.
The investigator may investigate any other matter related to the professional conduct or the skill in practice of the investigated member that arises in the course of the investigation.
On concluding the investigation, the investigator must report his or her findings to the complaints committee, which must give a copy of the report to the investigated member.
DECISION OF COMPLAINTS COMMITTEE
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;
(c) accept the voluntary surrender of the investigated member's registration;
(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 the complaint 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 planning,
(ii) counselling or treatment of the member,
(iii) monitoring or supervising the member's practice,
(iv) the member's completion of a specified course of studies by way of remedial training,
(v) placing conditions on the member's registration.
If a matter referred for 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.
The complaints committee must give a written notice setting out its decision and the reasons for the decision to the investigated member and the complainant.
The complaints committee is not required to hold a hearing or give any person an opportunity to appear or to make formal submissions before making a decision under this section.
If the complaints committee enters into an agreement with an investigated member for 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.
The complaints committee may order the investigated member to pay all or part of the costs incurred by the institute in monitoring compliance with conditions imposed on his or her registration under an agreement entered into under subclause 20(1)(f)(v). It may also order the member to pay all or part of the costs of the investigation.
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.
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.
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
If the complaints committee accepts the voluntary surrender of an investigated member's registration under clause 20(1)(c), it 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 determine, before the member's registration may be reinstated:
(a) obtain counselling or treatment;
(b) complete a specified course of studies;
(c) obtain supervised experience.
The complaints committee may order the investigated member to pay any costs incurred by the institute 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 time that the voluntary surrender takes effect.
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 his or her practice;
(b) practise under supervision;
(c) report to the committee or the registrar on specific matters;
(d) comply with any other conditions that the committee considers appropriate in the circumstances;
and may order the member to pay all or any part of the costs incurred by the institute in monitoring compliance with those conditions.
APPEAL BY COMPLAINANT
If the complaints committee makes a decision under clause 20(1)(b), (d) or (f), the complainant may appeal the decision to the council.
An appeal is to be made by giving a written notice of appeal to the registrar within 30 days after the date the complainant is given notice of the complaints committee decision under subsection 20(3). The notice must state the grounds for the appeal.
On 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 that the council may make.
The council must give the investigated member and the complainant a written notice setting out its decision and the reasons for the decision.
The council is not required to hold a hearing or to give any person an opportunity to appear or to 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.
Despite any other action it may have taken, with the exception of a censure, the complaints committee may at any time refer the conduct or complaint that was the subject of an investigation to the inquiry committee.
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.
The council must appoint an inquiry committee consisting of
(a) a registered professional planner who is to be the chair of the committee;
(b) one or more other members of the institute; and
(c) one or more public representatives.
At least 1/3 of the persons appointed to the inquiry committee must be public representatives.
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 appoint a member of the panel as its chair.
A panel is to be composed of at least three members, one of whom must be a public representative.
No person may be selected for a panel who has taken part in the review or investigation of what is to be the subject matter of the panel's hearing.
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.
When a panel is selected, it must hold a hearing.
A hearing must begin within 90 days after the date on which the matter is referred to the inquiry committee, unless the investigated member consents in writing to a later date.
At least 30 days before the date of the hearing, the registrar must give a notice of hearing to the investigated member and the complainant stating the date, time and place of the hearing and identifying in general terms the complaint or matter about which the hearing will be held.
The registrar may issue a public notice of the hearing in any manner he or she considers appropriate, but the notice must not include the name of the investigated member.
Subject to any prescribed procedural rules for the inquiry committee, the inquiry committee may determine its own practice and procedure.
A panel is not bound by the rules of evidence that apply to judicial proceedings.
The institute and the investigated member may appear and be represented by counsel at a hearing, and the panel may have counsel to assist it.
The chair of the panel may adjourn a hearing from time to time.
The oral evidence given at a hearing must be recorded.
At least three days before the hearing, the investigated member must be given opportunity to examine any written or documentary evidence that will be produced and any report the contents of which will be given in evidence at the hearing.
If the investigated member intends to rely on any written or documentary evidence or any report at the hearing, he or she must provide a copy of that evidence or report to the institute at least three days before the hearing.
If either the investigated member or the institute 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 his or her findings, opinions and conclusions, must be provided to the other party at least three days before the hearing.
(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 may not be produced as evidence, or the expert may not testify, as the case may be, unless the panel gives leave.
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.
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, the business name of the member's practice, or the location of practice, unless and until the panel makes a finding under section 38.
The investigated member or the institute may request that the hearing or any part of it be held in private.
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 meetings be open to the public;
(c) a person involved in a criminal proceeding or a civil suit or proceeding may be prejudiced; or
(d) the safety of a person may be jeopardized.
The panel must ensure that an order it makes under subsection (3) and its reasons are either given orally at the hearing or made available to the public in writing.
At a hearing, the oral evidence of witnesses must be taken on oath, and the parties have the right to cross-examine witnesses and call evidence in defence and reply.
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.
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.
The attendance of witnesses before the panel and the production of records may be enforced by a notice issued 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.
On the written request of the investigated member or his or her counsel or agent, the registrar must issue any notices that the member requires for the attendance of witnesses or the production of records.
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.
Proceedings for civil contempt of court may be brought against a witness
(a) who fails to attend before the panel as required by a notice to attend;
(b) who fails to produce any records as required by a notice to produce them; or
(c) who refuses to be sworn or to affirm, or to answer any questions he or she is directed to answer by the panel.
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 his or her 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
At the conclusion of a hearing, the panel may decide that no further action is to be taken against the investigated member, or it may make any finding described in subsection (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 or the by-laws;
(c) has been found guilty of an offence that is relevant to the member's suitability to be registered;
(d) has displayed a lack of knowledge or lack of skill or judgment in the practice of planning;
(e) has demonstrated an incapacity or unfitness to practise planning;
(f) is suffering from an ailment, emotional disturbance or addiction that impairs his or her ability to practise planning; or
(g) is guilty of conduct unbecoming a member;
the panel may make an order against the investigated member under this Part.
If the panel makes any of the 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 he or she 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 determine;
(d) suspending the investigated member's registration until he or she satisfies a person or committee specified by the panel that the ailment, emotional disturbance or addiction no longer impairs his or her ability to practise planning;
(e) accepting, in place of suspending the member's registration, the member's undertaking to limit his or her practice;
(f) imposing conditions on the member's registration, including conditions that he or she
(i) practise under supervision, or
(ii) report on specified matters to any person or committee that the panel may determine;
(g) requiring the member to take counselling or treatment;
(h) cancelling the member's registration.
To assist the panel in making an order under this section, the panel may be advised of any censure or order previously issued to the investigated member and the circumstances under which it was issued.
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.
If the panel imposes conditions on an investigated member's registration or practice under clause (1)(f), it may also order the member to pay all or any part of the costs incurred by the institute in monitoring compliance with those conditions.
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.
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 institute, 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
(c) both the costs under clause (a) and the fine under clause (b).
The costs referred to in subsection (1) may include, but are not limited to,
(a) all disbursements incurred by the institute, 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 witnesses 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 institute in providing counsel for the institute and the panel, whether or not counsel is employed by the institute.
If the investigated member is ordered to pay a fine or costs or both under subsection (1), or costs under subsection 39(4), and fails to pay within the time ordered, the registrar may suspend his or her registration until payment is made.
The institute 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.
Within 30 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.
The panel must promptly forward to the registrar
(a) the written decision; and
(b) any record of the proceedings and all exhibits and documents.
Upon receiving the decision, the registrar must give a copy of it to the investigated member and the complainant.
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.
Despite the fact that a proceeding or part of a proceeding under this Part may have been held in private, the institute 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 institute may also publish the member's name.
APPEAL TO COURT OF APPEAL
The 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.
An 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.
An appeal must be based on the record of the hearing before the panel and the decision of the panel.
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
(c) refer the matter back to the panel for further consideration in accordance with any direction of the Court.
The 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.
The council may, on application by a person whose registration has been cancelled, direct the registrar to reinstate the person's registration, subject to any conditions that the council may impose, and may order the person to pay all or any part of the costs arising from those conditions.
The institute may appoint one or more persons as inspectors for the purpose of this Act.
An inspector may review the practice of a member, and must report his or her findings to the registrar on the conclusion of each review.
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 institute, 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.
Despite clause (1)(a), an inspector may enter a dwelling with the consent of the owner or occupant and take any action described in subsection (1).
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.
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 an 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.
In this section, "dwelling" does not include a building that an inspector reasonably believes to have been abandoned.
A warrant may be made subject to any conditions that may be specified in it.
In exercising a power under this section, an inspector may obtain such assistance from a peace officer or other person as he or she reasonably considers necessary.
No person shall conceal, destroy, or withhold from an inspector, any record, document or other thing that may be relevant to an inspection.
A person who contravenes a provision of this Act, other than section 55, is guilty of an offence and liable on summary 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.
A person who contravenes section 55 is guilty of an offence and is liable on summary conviction to a fine of not more than $50,000.
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 summary conviction, to a fine described in subsection (1) or (2), as the case may be.
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.
Any fines recovered under this section are first paid to the convicting court and then paid to the government.
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.
When the institute is the prosecutor of an offence under this Act, it may apply for a stay of proceedings in the prosecution, and the court must grant the stay.
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.
The court may, on application by the institute, 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 that contravention.
SERVICE OF DOCUMENTS
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 by another service that provides the sender with proof of delivery, to the intended recipient at that person's last address appearing in the records of the institute.
A notice, order or other document sent by registered mail is deemed to be given or served five days after the day it was sent.
A certificate purporting to be signed by the registrar and stating
(a) that a named person was or was not, on a specified day or during a specified period,
(i) a member of the institute,
(ii) an inspector appointed by the institute, or
(iii) an officer or investigator of the institute, or a member of the council or of a committee established by or under this Act; or
(b) that a copy of a by-law is a true copy of a by-law of the institute, 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
No action or proceeding may be brought against the institute, 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 by the person or entity in good faith in the exercise or intended exercise of any duty or power under this Act.
CONFIDENTIALITY OF INFORMATION
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 his or her knowledge in the course of his or her 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
(c) to a body that governs the practice of planning in a jurisdiction other than Manitoba.
If a person who is an employer of a member terminates the employment for misconduct, incompetence or incapacity, the employer must promptly report the termination to the registrar and give the member a copy of the report.
TRANSITIONAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
A person who is a full member of the Manitoba Professional Planners Institute on the day this Act comes into force is eligible, for a period of one year after that day, to become a registered professional planner under this Act, and, upon payment of any fees that may be prescribed, the registrar must enter the person's name in the register of registered professional planners.
After this Act receives royal assent but before it comes into force, the existing council of the Manitoba Professional Planners Institute 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 under this Act, and its staff and committees, could do under this Act if it were in force.
The members of the council of the Manitoba Professional Planners Institute 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 constituted in accordance with section 3 of this Act.
This Act may be referred to as chapter R43 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day to be fixed by proclamation.
NOTE: S.M. 2015, c. 37 came into force by proclamation on December 1, 2016.
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