|This is an unofficial archived version of The Professional Interior Designers Institute of Manitoba Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. I57
The Professional Interior Designers Institute of Manitoba Act
|Table of Contents|
OF MANITOBA ACT
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"association" means The Professional Interior Designers Institute of Manitoba to which reference is made in section 2; ("association")
"council" means the council of the association established under section 3; ("conseil")
"interior design" or "the practice of interior design" means representing oneself as a professional interior designer while carrying out the practice of those functions which have as their object the design of interior space; ("décoration intérieure" ou "exercice de la décoration intérieure")
"member" means a person whose name is entered in the register; ("membre")
"professional interior designer" means a person whose name is entered in the register and in one of the rosters referred to in section 7; ("décorateur intérieur professionnel")
"register" means the register for which provision is made under section 7; ("registre")
"registrar" means the registrar of the association appointed under section 6; ("registraire")
"roster" means a roster established under section 7. ("liste")
Nothing in this Act affects the work or services performed by an architect within the meaning of The Architects Act nor shall it affect the work or services performed by a firm of architects or any employee, servant, agent, contractor or subcontractor acting under the direction or control of such architect or firm.
The Professional Interior Designers' Institute of Manitoba is continued as a body corporate and, subject to the provisions of this Act and The Corporations Act has the capacity, right, powers and privileges of a natural person.
The affairs of the association shall be managed by a council.
The council shall be comprised of
(a) not fewer than six or more than 21 members appointed or elected as provided in the by-laws of the association; and
(b) two persons who are not members of the association, appointed by the member of the Executive Council charged with the administration of The Consumer Protection Act.
The members of the council and the officers of the association in office on the coming into force of this Act shall continue as councillors and officers of the association until their successors are elected or appointed as provided in this Act or the by-laws of the association.
A majority of the members of the council constitutes a quorum for the transaction of business.
The council may make by-laws not inconsistent with this or any other Act of the Legislature to
(a) fix the method of setting the amounts of annual and other fees and provide for the collection thereof;
(b) establish the time for, and the manner of, the election or appointment and the number of members of the council;
(c) fix and regulate the time, place, calling and conduct of annual and special general meetings of the association and meetings of the council;
(d) prescribe the terms of office of members of the council and the manner in which the vacancies on the council may be filled;
(e) govern the acquisition, management, disposal and conduct of the property and affairs of the association;
(f) provide for the appointment, removal, functions, duties and remuneration of agents, officers and employees of the association, and the security, if any, to be given by them to the association;
(g) establish such standing committees, if any, as the council may deem necessary to carry out the business of the association;
(h) generally, facilitate all such matters as may be deemed by the council to be necessary or desirable for the administration of the association and for promoting the welfare of the association and its members;
(i) develop, establish and maintain standards of professional ethics among its members;
(j) promote the professional welfare of the members of the association;
(k) create one or more classes of membership and prescribe the rights, privileges and obligations of the members of each such class.
The council shall submit each by-law made under subsection (1) to the members at the next meeting of the members, and the members may, by ordinary resolution, confirm, reject or amend the by-law.
By-laws made under clauses (1) (a), (b), (c), (d), (i), (j) and (k) are not effective until confirmed at a meeting of the members under subsection (2).
A by-law made by the council under clause (e), (f), (g) or (h) is effective from the date it is passed by the council until it is confirmed, confirmed as amended or rejected by the members under subsection (2) or until it ceases to be effective under subsection (5) and, where the bylaw is confirmed or confirmed as amended, it continues in effect in the form in which it is confirmed.
If a by-law is rejected by the members or if the council does not submit the by-law to the members as required under subsection (2), the bylaw ceases to be effective and no subseuent resolution by the council to make a by-law having substantially the same purpose or effect is effective until it is confirmed or confirmed as amended by the members.
No act done, or right acquired, under any by-law to which subsection (4) applies is prejudicially affected by the subsequent rejection or variation of that by-law at a general meeting of the association.
A member entitled to vote at an annual meeting of the association may make a proposal to make, amend or repeal a by-law.
A member making a proposal pursuant to subsection (7) shall send the proposal to the council at the office of the association.
Upon receiving a proposal from a member to enact, amend or repeal a by-law, the council shall cause the proposal to be published in the agenda for the next general meeting of the association, which agenda shall be distributed to the membership in accordance with the by-laws of the association, but when there is not sufficient time before the next general meeting of the association to distribute the proposal in accordance with the provisions of the by-laws of the association, then the proposal shall be contained in the agenda for the next following meeting and shall be distributed to the membership in accordance with the by-laws of the association prior to that meeting of the association.
The council may make regulations
(a) to regulate the admission, registration, renewal of registration, suspension, expulsion and reinstatement of members and to prescribe the conditions precedent to membership of persons applying therefor;
(b) to prescribe the conditions precedent for the entry of members' names on the rosters;
(c) to develop, establish and maintain standards for the practice of interior design;
(d) to develop, establish and maintain standards for interior design education consistent with the changing needs of society;
(e) to define by education, experience or otherwise, general or specialized areas of interior design.
The council may appoint a registrar who shall hold office for the period of time set by the council.
The council shall cause to be kept a register and shall enter therein the name of every person registered according to this Act.
In addition to the register, the council shall cause to be kept
(a) a roster of active practising members;
(b) a roster of associate members; and
(c) a roster of members holding conditional certificates issued under provisions of this Act;
and shall enter the names of persons recorded in the register in the appropriate roster.
Every person who is registered as a member of the association on the date this Act comes into force continues as a member of the association subject to the provisions of this Act.
Every person who qualifies for registration under the provisions of a regulation made pursuant to section 5 may, upon payment of the prescribed fee, have his or her name entered in the register and in the appropriate roster upon producing to the registrar satisfactory evidence of his or her qualifications.
An applicant refused registration or the entry of his or her name in the appropriate roster by the registrar may, by written notice, appeal that decision to the council which shall consider the appeal within 30 days of the receipt of the notice and upon making its decision shall forthwith report that decision in writing to the applicant.
Except as provided in subsection 1(2), no person shall use the name or designation "Professional Interior Designer" as a description of himself or herself for the purposes of carrying on any business or occupation or in connection with any business or occupation unless his or her name is entered in the register and in one of the rosters referred to in clause 7(2)(a) or (c).
Except as provided in subsection 1(2), a person who is not a professional interior designer shall not bring an action in Manitoba in any court or collect fees, compensation or other remuneration, for services performed as a professional interior designer.
The register shall be open to inspection by any person at the head office of the association at all reasonable times during regular business hours free of charge; but any officer or employee of the association may refuse access to the register if there is reasonable cause to believe that the person seeks the access merely for commercial purposes.
Any person whose name is entered in the register and in the roster of active practising members may practise as a professional interior designer in Manitoba and, subject to any restrictions imposed by any by-law of the association, may hold himself or herself out as a professional interior designer.
Any person whose name is entered in the roster of associate members shall not practise in Manitoba as a professional interior designer or hold himself or herself out for employment as a professional interior designer.
Any person whose name is entered in the roster of persons holding conditional certificates may hold himself or herself out as a professional interior designer in Manitoba and may practise in Manitoba as a professional interior designer subject to the conditions and limitations set by the council under the provisions of this Act, and the conditions and limitations shall be entered in the roster against the name of the person who is subject to them.
A statement certified under the hand of an officer of the association respecting the registration of a person is admissible in evidence as prima facie proof that the person therein specified is registered under this Act and is prima facie proof of any conditions or limitations set out in the statement as applicable to that person.
Every person who has the qualifications and complies with the requirements of the by-laws of the association for registration as an associate member of the association shall be entered in the roster of associate members.
Where the right of a member to practise or hold himself or herself out as a professional interior designer has been limited by conditions imposed under section 32, the name of the person shall be entered in the roster of persons holding conditional certificates together with particulars of all conditions imposed on that person.
The council shall cause the removal of the name of a member from the register
(a) at the request or with the written consent of the member whose name is to be removed;
(b) where the name has been incorrectly entered;
(c) where notification is received of a member's death; or
(d) where the registration of a member has been revoked.
Subject to subsection (3), the council, on such grounds as it deems sufficient, may cause the name of a person removed from the register to be restored thereto either without fee or upon payment to the association of
(a) a sum not exceeding the fees or other sums in arrears and owing by the person to the association; and
(b) such additional sum as may be prescribed by the by-laws of the association.
Where the name of a person who has been suspended or whose registration has been revoked is to be restored to the register under subsection (2), the council may by resolution direct that the name be restored subject to such terms and conditions as the council may prescribe.
The council shall cause a certificate of membership to be issued each year to every person whose name is entered in the rosters and the certificate shall state the date upon which it expires, the type of membership and any conditions or limitations imposed on the person to whom the certificate is issued.
The council shall establish a complaints committee comprised of five persons who shall be appointed as follows:
(a) the chairman who shall be a member of the council;
(b) two members of the association; and
(c) two persons who are not members of the association, one of whom shall be appointed by the member of the Executive Council charged with the administration of The Consumer Protection Act and the second member shall be appointed by the council.
The complaints committee shall receive and review complaints brought against any member and where the committee considers it appropriate, it shall attempt to informally resolve the matter.
Where a complainant does not accept the resolution of the complaints committee, the matter shall be referred to the investigation chairman.
The council shall establish rules of procedure and fix the terms of office of the members of the complaints committee.
The council shall appoint from among the members of council an investigation chairman.
Where the complaints committee is of the opinion that a member
(a) after he or she become a member has been convicted of an indictable offence; or
(b) is guilty of professional misconduct or conduct unbecoming a member; or
(c) has demonstrated incapacity or unfitness to practise interior design or is suffering from an ailment which might, if he or she continues to practise, constitute a danger to the public;
the committee shall refer the matter to the investigation chairman.
Upon referral of a matter from the complaints committee, the investigation chairman shall direct that a preliminary investigation into the matter be held by the executive director or registrar or by such other appointees as he or she sees fit.
Where, under section 22, a person is directed to carry out a preliminary investigation, that person may require the member who is the subject of the investigation and any other member
(a) to produce any books, records, registers, papers or other documents or things in the members' possession or control that are relevant to the investigation; and
(b) to attend at such time and place as may be required by the person.
The investigation chairman for and in the name of the association may apply ex parte to a judge of the Court of Queen's Bench for an order directing the member concerned or any other member or person to produce to the person conducting a preliminary investigation any records, books, registers, papers or other documents or things in his possession or under his control, where the member or other person has failed to produce them when required under section 23, or where the judge is of the opinion that the issue of such an order is just and appropriate in the circumstances.
Any person making a preliminary investigation into a matter concerning the conduct or capability or fitness to practise interior design of a member, may investigate any other matter concerning the conduct or capability or fitness to practise interior design of the member that arises in the course of the investigation.
The person conducting a preliminary investigation shall report his or her findings in writing to the investigation chairman, who upon receipt of the report, shall
(a) decide that no further action be taken; or
(b) decide that the matter be dealt with and proceed to an inquiry pursuant to section 31;
and in writing sent by registered mail or certified mail or personal service, notify the complainant and the member who was the subject of the investigation, of the decision taken.
Where the decision taken by the investigation chairman is that no further action be taken with respect to a complainant, the complainant may, not later than 15 days after the receipt of a notice to that effect, appeal that decision to the discipline committee by filing a notice of appeal with the registrar sent by registered or certified mail or served personally.
Notwithstanding any other provision herein, the investigation chairman may, at his or her discretion, direct the registrar to suspend a member from practice pending or following the completion of the preliminary investigation, and thereupon the member is suspended from practice until the suspension is lifted, superseded, or annulled by the council or the Court of Queen's Bench.
The council shall establish a discipline committee comprised of
(a) a person recommended by the member of the Executive Council charged with the administration of The Consumer Protection Act for the Province of Manitoba; and
(b) four individuals whose names are entered in the roster of active practising members.
Upon receipt of a notice of appeal by a complainant pursuant to section 27, the discipline committee shall consider the matter, the recommendation of the complaints committee and the report on the preliminary investigation, and shall
(a) decide that no further action be taken; or
(b) direct that the matter be dealt with and proceed to an inquiry pursuant to section 31.
Where the investigation chairman directs that an inquiry be held into the conduct of a member or where the discipline committee decides to hold an inquiry into the conduct of a member, the discipline committee shall fix a date, time and place for the holding of the inquiry.
Upon fixing the date, time and place of the holding of an inquiry under subsection (1), the discipline committee shall serve written notice thereof either personally upon the member who is the subject of the inquiry and/or complaint or by sending a copy of the notice either by registered or certified mail, postage prepaid, to the member and to the complainant at least 31 days prior to the date so fixed, exclusive of Saturdays and holidays, at his or her post office address as shown in the roster of the association.
Notice sent by post in accordance with subsection (2) shall be deemed to have been served on the date when it was posted.
Proof of service of the notice may be by affidavit or statutory declaration.
All hearings of the discipline committee shall be held in The City of Winnipeg unless otherwise directed by the council.
All hearings of the discipline committee shall be held in private unless the person whose conduct is the subject of inquiry applies to the council for a public hearing.
Where the person whose conduct is the subject of inquiry does not attend without reasonable excuse communicated to the discipline committee before the time set for the inquiry, the discipline committee, upon proof of service of the notice in accordance with this section, may proceed with the inquiry in his or her absence and, without further notice to him or her, take such action as it is authorized to take under this Act.
The person whose conduct is the subject of an inquiry is entitled to be represented by counsel or agent and the person or his or her counsel or agent may examine all documents and records to be used at the inquiry prior to the date of the inquiry.
Hearings under this section may be adjourned from time to time.
The testimony of witnesses at the hearing shall be taken under oath and there shall be a full right to cross-examine all witnesses and to call evidence in defence and reply.
Any oath required to be administered pursuant to subsection (10) may be administered by any member of the discipline committee.
The discipline committee holding the inquiry, or any party to the inquiry, may obtain, on praecipe from the Court of Queen's Bench, and serve subpoenas for the attendance of witnesses and production of books, documents and things at the inquiry.
Witnesses at an inquiry under this section are entitled to the same allowances as witnesses attending upon a trial of an action in the Court of Queen's Bench.
For the purposes of an inquiry under this section, a certified copy under the seal of the Court of Queen's Bench or under the hand of the convicting Magistrate or Justice of the Peace, or under the hand of the Clerk of a Provincial Judges Court, of the conviction of a person for any crime or offence under The Criminal Code (Canada) or under any other statute is conclusive evidence that the person has committed the crime or offence stated therein, unless it be shown that the conviction has been quashed or set aside.
Evidence may be adduced before the discipline committee holding the hearing or inquiry either by affidavit or viva voce or both, as the discipline committee may determine; but the name of a member shall not be removed from the register on affidavit evidence alone.
All evidence submitted to the discipline committee shall be reduced to writing, taken down in shorthand or mechanically recorded.
All evidence presented to the discipline committee, together with all reports, orders or other papers on which the discipline committee acted, is to be preserved for a period of five years from the date of the presentation of the evidence or filing of other documents with the discipline committee.
Where after an inquiry the discipline committee finds a member to have been guilty of professional misconduct, conduct unbecoming a member, or to have demonstrated incapacity or unfitness to practise interior design, or to be suffering from an ailment that might, if the member continues to practise interior design, constitute a danger to the public, the discipline committee may by resolution
(a) cause the name of that member to be erased from the register and from any roster; or
(b) suspend the member for a period not in excess of two years; or
(c) reprimand the member; or
(d) permit the member to practise upon such terms and conditions as it may deem appropriate.
The decision of the discipline committee shall in every instance be embodied in a formal order of the committee which order shall be served on the person whose conduct is the subject of inquiry and upon the complaint by registered or certified mail, postage prepaid, or by personal service.
The council may award costs against any member of the association and may reimburse any member of the association for costs incurred through disciplinary action which was considered by the council to be unwarranted.
Where a complainant or a member is served with an order of the discipline committee under subsection 32(2), that person may appeal the order to the council by filing a written notice of appeal at the office of the association either in person or by registered or certified mail not later than 15 days from the date of the order.
Any notice of appeal given under the provisions of this section shall set forth the grounds of appeal and shall state the relief asked.
Where an appeal is made under section 33, the executive director shall obtain a transcript of the evidence given before the discipline committee and the exhibits filed with the discipline committee, and the transcript of evidence and the exhibits so obtained constitute the record of the proceedings before the discipline committee.
On receiving a copy of the resolutions and order of the discipline committee and the record of the proceedings, the registrar shall
(a) serve on the member concerned and the complainant or their counsel or agent a notice informing them
(i) of the time and place at which the appeal will be considered by the council; and
(ii) that they may appear before the council at the appeal in person or by counsel or agent;
(b) furnish each council member with a copy of the resolutions and order of the discipline committee together with a copy of the record of proceedings.
Notwithstanding an appeal under section 33, the discipline committee may suspend the registration of the member concerned until the council makes its decision on the appeal.
A person whose registration has been suspended under subsection (1) or under section 28 may apply by filing an origination notice of motion with the Court of Queen's Bench for an order removing the suspension pending the determination of the matter under consideration or appeal.
A person who applies for an order under subsection (2) shall within seven days after the date of filing of the notice of motion under that subsection, serve a copy thereof upon the chairman or vice-chairman of the discipline committee.
An application made under subsection (2) shall be heard not earlier than seven days after the date of service on the chairman or vice-chairman of the discipline committee.
Upon hearing an application made under this section, the Court of Queen's Bench may, subject to any conditions that it considers proper, remove the suspension pending the determination of the matter under consideration or appeal.
The council shall, at a meeting held for that purpose, consider the decision of the discipline committee and shall hear any representations that the member concerned and the complainant or their counsel or agent wish to make respecting the findings and order of the discipline committee and the record of proceedings.
The investigating chairman and any council member who was a member of the discipline committee that considered a matter appealed from shall not participate in or vote at an appeal before the council.
The association's solicitor may participate in an appeal before the council but shall not vote thereat.
The council may
(a) grant adjournments of the proceedings or reserve the determination of the matters before it for a future meeting of the council;
(b) upon granting special leave for that purpose, receive further evidence in the same manner and subject to the same rules and procedures and with the same powers as are provided in sections 31 and 32 with respect to hearings before the discipline committee;
(c) draw inferences of fact and make any determination or finding that, in their opinion, ought to have been made by the discipline committee.
The council shall, within 30 days from the date of the conclusion of all proceedings before them on appeal
(a) make any finding that in its opinion ought to have been made;
(b) vary the order of the discipline committee;
(c) quash or confirm the finding or order of the discipline committee;
(d) confirm or vary any order of the discipline committee as to costs or make a new order as to costs; or
(e) refer the matter back to the discipline committee for further consideration and decision.
The council may make any award as to the costs of an appeal that it considers appropriate.
Any person in respect of whom the council has made a decision under section 36, any complainant in respect of whose complaint the council has made a decision under section 36, any person whose registration has been revoked or suspended or whose registration has been continued subject to conditions imposed by the council and any person who has been refused admission to the association or the entry of his or her name on a roster, may appeal from the decision of the council to a judge of the Court of Queen's Bench at any time within 30 days of the date of the Order or decision appealed against or within such further time as a judge of the Court of Queen's Bench may allow.
The judge hearing the appeal may make such order or give such direction as to the cancellation or suspension of the registration or as to the conditions imposed upon the continuation of the registration or as to the refusal of admission and as to the costs of the appeal as to him seems just.
Subject to subsection (4), the appellant shall file, together with and at the same time as the notice of appeal, a certificate signed by an officer of the association stating that at least two copies of a transcript of evidence have been ordered and are available for the appeal unless a judge otherwise orders.
Where the evidence at the hearing or inquiry was not reduced to writing or otherwise mechanically recorded, or where it was so recorded but a transcript thereof cannot be obtained, the appeal before a judge of the Court of Queen's Bench shall be a trial de novo.
If a transcript of evidence at the hearing is obtainable and the appellant has not filed the two copies thereof with the court within 30 days of the date of the filing of the notice of appeal, the appeal shall be abandoned.
The association, or the council or the discipline committee, or any member of the association or the council or the committee is not liable for any loss or damage suffered by any person as a result of anything done by it or them in good faith in the administration of this Act or bylaws made thereunder.
The council may cause any notice of suspension or revocation or reinstatement of membership to be published in any newspaper, with or without stating the reasons for such suspension or revocation or reinstatement, as the council in its absolute discretion decides.
The council or the discipline committee may, for the purpose of the execution of their duties under this Act or the by-laws, employ at the expense of the association, such legal or other assistance as the council or discipline committee may think necessary or proper.
Any person who disobeys or contravenes, or refuses, neglects, omits or fails to observe any provision of this Act is guilty of an offence and is liable on summary conviction, to a fine of not more than $500. or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.
No prosecution under this Act shall be commenced after the expiration of one year from the date of the alleged offence.
Where the association is the prosecutor of an offence under this Act it may, upon an order signed by the president of the association under the seal of the association affixed thereto, apply for a stay of proceedings in any such prosecution.
The association may establish and maintain a professional liability claims fund (in this section called "the claims fund") for the purpose of paying therefrom, subject to the provisions of this section and the rules made thereunder, professional liability claims against members.
In this section, "professional liability claim" means a claim against a member for an amount of money that the member is legally obligated to pay as damages arising out of the performance of professional services for another person in the member's capacity as a professional interior designer and caused by the member or any person for whose acts the member is legally liable.
The claims fund shall be kept separate and apart from all other funds of the association and shall be property of the association.
The claims fund and the income therefrom may be invested in securities or investments in which trustees are authorized to invest trust money under the The Trustee Act as the association may, from time to time, determine and shall be administered by the association in such manner as, in its discretion, it deems proper and shall not be subject to any trust.
For the purposes of the claims fund, the association may levy assessments on such members or classes thereof, and may exempt from the assessments such members or classes thereof, as the association may determine.
The association may, on such terms and conditions as it deems proper, enter into any group contract of insurance with an insurer for the payment by the insurer of any professional liability claim, in whole or in part and with or without the expense of adjusting, settling and paying the claim, including legal fees and disbursements, where that claim or expense, if not paid under the contract of insurance, would be payable out of the claims fund pursuant to subsection (7).
Subject of the rules made under subsection (8), the association may pay out of the claims fund
(a) subject to clause (e), any professional liability claim or any part of a professional liability claim that is not payable under a contract of insurance entered into under this section;
(b) any expense of adjusting, settling and paying a professional liability claim, including legal fees and disbursements, that is not payable under a contract of insurance entered into under this section;
(c) the expense of and incidental to negotiating and entering a contract of insurance under this section;
(d) any premium in respect of a contract of insurance entered into under this section;
(e) to any insurer, pursuant to the terms of a contract of insurance entered into under this section reimbursement for all or part of any payment made by the insurer under the contract in respect of a professional liability claim;
(f) the expense of investing the moneys of and administering the claims fund; and
(g) such other amounts for the purposes of this section and not inconsistent therewith or with the rules, as the association may require.
The association may, by by-law, make rules, not inconsistent with this section respecting
(a) the investment of the moneys of and the administration of the claims fund;
(b) the levy of assessments for the claims fund;
(c) the negotiation of and entry into a contract of insurance under subsection (6);
(d) the payment of professional liability claims out of the claims fund;
(e) the payment of professional liability claims by an insurer;
(f) the payment of the expense of adjusting, settling and paying a professional liability claim, including legal fees and disbursements;
(g) any other matter or thing that the association is empowered or required to do under this section.
In any prosecution under this Act, it is sufficient to prove that the accused has done or committed a single act of unauthorized practice, or has committed on one occasion any of the acts prohibited by this Act.
Where a provision of this Act or of any by-law passed pursuant to this Act is inconsistent with or repugnant to any provision of The Corporations Act, the provision of this Act or of the by-law passed pursuant to this Act supersedes and prevails over the provisions of The Corporations Act.