|
|
|
Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
Registered Professional Planners Act *
 
Legislature :
55
Session :
2
Bill No. :
51
Member :
Mr. Carr
First Reading :
2005-5-27
Second Reading :
2005-6-10
Committee of the Whole :
Amended :
Third Reading :
2005-6-10
Royal Assent :
2005-6-30
Download PDF :
  Bill 51         
.........................................................................................................................................................................................................
Text of Bill :
Chapter Outline



PART I - INTERPRETATION

Title................................................................................................................................................ 1(1)

Definitions.................................................................................................................................... 1(2)

PART II - ADMINISTRATION

Association

Established.................................................................................................................................... 2(1)

Objectives..................................................................................................................................... 2(2)

Annual Meeting.................................................................................................................................. 3

Membership

Members' Compliance...................................................................................................................... 4

Executive Committee's Responsibilities......................................................................................... 5

Executive Committee

Established.................................................................................................................................... 6(1)

Composition................................................................................................................................. 6(2)

Officers......................................................................................................................................... 6(3)

Combined Offices........................................................................................................................ 6(4)

Duties and Responsibilities......................................................................................................... 6(5)

Vacancies...................................................................................................................................... 6(6)

By-laws............................................................................................................................................... 7

PART III - INVESTIGATION AND DISCIPLINE

Investigation Committee

Composition, Complaint................................................................................................................... 8

Roles, Responsibilities..................................................................................................................... 9

Report and recommendations to the Executive Committee........................................................ 10

Discipline Committee

Composition.................................................................................................................................... 11

Hearing............................................................................................................................................. 12

Notice............................................................................................................................................... 13

Submission....................................................................................................................................... 14

Decision........................................................................................................................................... 15

Reprimand or Suspension............................................................................................................... 16

Revocation....................................................................................................................................... 17

PART IV - OFFENCES AND ENFORCEMENT

Requirements for Practice............................................................................................................. 18

False or Misleading Information.................................................................................................... 19

Offence............................................................................................................................................. 20

Injunctions........................................................................................................................................ 21

Prosecution...................................................................................................................................... 22

Repeat offence................................................................................................................................. 23

Limitation of Actions

Registered Professional Planner.............................................................................................. 24(1)

Member, Officer, etc................................................................................................................. 24(2)

Fees, Fines and Penalties become debts....................................................................................... 25

PART V - EXEMPTIONS......................................................................................................... 26, 27

PART VI - TRANSITIONAL....................................................................................... 28, 29, 30, 31





WHEREAS the New Brunswick Association of Planners prays that it be enacted as hereinafter set forth;



AND WHEREAS the New Brunswick Association of Planners currently operates as a Division of the Atlantic Planners Institute (API) by participating in various API activities, such as membership selection, discipline and education;



AND WHEREAS the API, in conjunction with the New Brunswick Association of Planners and other provincial planning associations, support and promote the Canadian Institute of Planners by carrying out the national objectives, standards and code of ethics;



AND WHEREAS the New Brunswick Association of Planners wishes to continue its existing role with API and CIP by way of a private member's bill;



AND WHEREAS the New Brunswick Association of Planners wishes to protect the use of the designations "Registered Professional Planner" and "RPP";



THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



PART I - INTERPRETATION

TITLE

1(1)                   This Act may be cited as the "Registered Professional Planners Act".



DEFINITIONS

1(2)                   The following definitions apply in this Act.



"Act" means the Registered Professional Planners Act. (Loi)



"Association" means the New Brunswick Association of Planners. (Association)



"Canadian Institute of Planners" means the national association of professional planners located in Ottawa. (Institut canadien des urbanistes)



"Executive Committee" means the Executive Committee of the Association. (comité exécutif)



"Member" means a Registered Professional Planner, as well as any other class of membership as may be prescribed in the by-laws. (membre)



"MCIP" means a member of the Canadian Institute of Planners. (MICU)



"planning" means the planning of the scientific, aesthetic and orderly disposition of land, with a view of securing physical, economic and social efficiency, health and well-being in urban and rural communities. (urbanisme)



"Registered Professional Planner" means a person who is a registered Member of the Association and authorized to utilize the designations "Registered Professional Planner" or "RPP" as prescribed in this Act and in the by-laws. (urbaniste professionnel certifié)



PART II - ADMINISTRATION

ASSOCIATION

2(1)                   The New Brunswick Association of Planners is hereby established as a body politic and corporate with perpetual succession.



2(2)                   The goals or objectives of the Association are:



(a)               to protect the public by establishing, maintaining and enforcing a standard of professional ethics and competence among the Association's membership;



(b)               to promote and contribute to the study and practice of planning in New Brunswick;



(c)               to promote the Association and the professional interest of those engaged in planning, including the use of a seal;



(d)               to participate in the development of public policy issues related to planning;



(e)               to establish beneficial relationships with other groups or associations that have similar interests;



(f)                to govern the Association's membership in accordance with this Act and the by-laws, in order to serve and protect the public interest; and



(g)               to establish, maintain, develop and enforce standards of qualification for the practice of Registered Professional Planners, including the required knowledge, skill, efficiency, proficiency and accountability.



ANNUAL MEETING

3                           An annual meeting of the membership of the Association shall be held in accordance with the by-laws at such time and place as the Executive Committee may determine.



MEMBERSHIP

4(1)                   The membership of the Association shall consist of the classes of Members and the qualifications, rights, privileges, fees and obligations thereof as may be prescribed in the Act and by the by-laws.



4(2)                   The Association shall admit into a particular class of membership any person who applies to become a Member of that class, and in accordance with the by-laws, if the person fulfills the academic, experience and examination requirements, as well as any other requirements that may be prescribed by the by-laws for that class of membership.



4(3)                   Each Member shall comply with this Act and the by-laws.



4(4)                   With respect to subsection (1), the by-laws shall provide for the following classes of Members:



(a)               Registered Professional Planner, and



(b)               any other classes deemed appropriate.



5                           The Executive Committee is responsible for the administration, admission, discipline and registration of the Members of the Association, as may be provided by this Act and prescribed by the by-laws.



EXECUTIVE COMMITTEE

6(1)                   The Association shall have an Executive Committee that shall, directly or indirectly, control, govern and manage the business and affairs of the Association and all aspects of the use of the designations provided in this Act in New Brunswick.



6(2)                   The Executive Committee shall consist of not less than three and not more than seven Members of the Association who shall have the qualifications prescribed by the by-laws and shall be elected by the membership with voting privileges in the manner and for the terms prescribed by the by-law.



6(3)                   The officers of the Executive Committee shall consist of a President, a Vice-President, a Secretary, a Treasurer, and such other officers as may be prescribed by by-law.



6(4)                   The offices of Secretary and Treasurer provided in subsection (3) may be filled by the same person.



6(5)                   The officers of the Executive Committee shall have such duties and responsibilities as may be prescribed by the by-laws.



6(6)                   In the event of a vacancy in an office of the Executive Committee, the Executive Committee may fill such vacancy by the appointment thereto of any duly qualified Member and as may be prescribed by the by-law.



BY-LAWS

7                           The Association may, by resolution, make by-laws not inconsistent with the provisions of this Act in the following instances:



(a)               the establishment of classes of Members of the Association, and the qualifications, rights, privileges, fees and obligations thereof, and the acceptance or resignations from membership in the Association;



(b)               the standards for qualification, examination and admission or approval of all classes of Members;



(c)               the levying and collecting of annual or other fees, including liability insurance;



(d)               the discipline, professional conduct, control and honour of the membership;



(e)               the approval, purpose, use and contents of a seal that may be used by a Member;



(f)                the control, government and management of the Association and its property and affairs;



(g)               the duties and responsibilities of the Executive Committee and its officers;



(h)               the qualifications, terms and manner of election of the members of the Executive Committee;



(i)                the holding of annual and other meetings of the Members, the Association and the Executive Committee and the rules of procedure to govern the conduct of such meetings, including the manner in which Members may vote;



(j)                the composition, selection, term, authority, duties and responsibilities of the various committees that may be required to carry out the business of the Association;



(k)               the maintenance of a registry of the members of the Association;



(l)                the location of the head office; and



(m)             all other purposes deemed by the Association to be necessary for the exercise of the powers conferred by this Act.



PART III - INVESTIGATION AND DISCIPLINE

INVESTIGATION COMMITTEE

8(1)                   There shall be an Investigation Committee, appointed by the Executive Committee when deemed appropriate, composed of up to three Members of the Association.



8(2)                   Upon receipt by any Member of the Executive Committee of a written complaint alleging that any Member or former Member has



(a)               violated any provision of this Act, a by-law or a code of professional conduct;



(b)               been guilty of professional misconduct, including negligence in the performance of that person's professional duty, or incompetence;



(c)               been convicted of a criminal or quasi-criminal offence in Canada, or any other jurisdiction;



(d)               obtained registration as a Member in the Association by reason of misrepresentation or any improper means; or



(e)               engaged in any other conduct of such a nature as the Executive Committee considers should be investigated;



the complaint shall be referred to the Investigation Committee in accordance with the by-laws.



8(3)                   The Member concerned shall be advised forthwith of the complaint.



9(1)                   The Investigation Committee shall review the complaint and provide a report, along with its recommendations, to the Executive Committee in accordance with the by-laws.



9(2)                   The Investigation Committee is authorized to carry out any investigation or inquiry it deems appropriate, in order to provide its report and recommendations.



9(3)                   The Investigation Committee's report and recommendations shall be in writing and address whether



(a)               the complaint should be dismissed, or



(b)               the complaint should be referred to the Discipline Committee,



and may address any other issue related to the complaint that should be considered by the Executive Committee or the Association.



10(1)               The Executive Committee shall receive the report and recommendations of the Investigation Committee and shall have the discretion to



(a)               dismiss the complaint, or



(b)               refer the matter to the Discipline Committee,



and may otherwise deal with the complaint as it deems appropriate and in accordance with this Act and the by-laws.



10(2)               The decision of the Executive Committee shall be communicated to both the complainant and the Member concerned; however, the Executive Committee has the sole discretion to decide whether a copy of the Investigation Committee's report and recommendations will be made available to either party.



10(3)               Notwithstanding subsection 10(2), if the Executive Committee refers the complaint to the Discipline Committee, it shall provide a copy of its decision, a copy of the report and recommendations of the Investigation Committee, as well as any other material deemed relevant, to the Member concerned forthwith.



DISCIPLINE COMMITTEE

11(1)               There shall be a Discipline Committee, appointed by the Executive Committee when deemed appropriate, composed of not fewer than three Members of the Association.



11(2)               No person who is a Member of the Executive Committee, or was appointed to the Investigation Committee for the same matter, shall be a Member of the Discipline Committee.



11(3)               Three Members of the Discipline Committee shall constitute a quorum.



12(1)               Upon receipt of the materials described in paragraph 10(1)(b), the Discipline Committee shall establish a date for a hearing in accordance with the by-laws.



12(2)               Unless the Discipline Committee decides otherwise, and for any reason deemed appropriate under the circumstances, the hearing date shall be established in accordance with the by-laws.



13                        The Member concerned shall be advised of the hearing date, place and time by the Discipline Committee.



14(1)               The Member concerned may submit a written statement at least seven days prior to the hearing, as well as make an oral presentation at the hearing.



14(2)               The Member concerned may be represented by a solicitor at the hearing, but shall advise the Discipline Committee of such representation at least seven days prior to the hearing.



14(3)               The Discipline Committee may hear from any other person at the hearing; but written submissions and notice of representation by a solicitor from another party shall be filed or brought to the attention of the Discipline Committee at least seven days prior to the hearing.



15(1)               Within thirty days after the hearing, the Discipline Committee shall render a decision that:



(a)               dismisses the complaint;



(b)               reprimands the Member concerned;



(c)               suspends the membership privileges of the Member concerned;



(d)               revokes the membership privileges of the Member concerned; or



(e)               imposes specified terms, conditions and limitations on the Member's right to practice for a specified period of time or until specified conditions are satisfied, including the requirement to successfully complete specified courses of study or training.



15(2)               A decision under subsection (1) shall be in writing and provide reasons.



15(3)               In addition to its decision under subsection (1), the Discipline Committee may order one or more of the following:



(a)               direct the Executive Committee to publish the decision in such a manner as the Executive Committee may determine;



(b)               impose such fine considered appropriate, but not exceeding $1,000.00, to be paid by the Member concerned to the Association for use by the Association.



15(4)               A decision taken under paragraph (1)(b), (c) or (d) may be accompanied by any terms and conditions deemed appropriate by the Discipline Committee.



15(5)               The Discipline Committee's decisions under subsection (1), as well as any order under subsection (3), if any, are final.



16                        A Member concerned whose membership has been affected under paragraph 15(1)(b) or (c) regains the equivalent membership status held prior to the disciplinary measures once the terms and conditions, if any, have been met.



17                        If a membership has been revoked under paragraph 15(1)(d), the former Member may re-apply for admission into the Association in accordance with this Act and by-laws if the former Member wishes to once again regain membership status, as well as meet any terms and conditions imposed under subsection 15(4).



PART IV - OFFENCES AND ENFORCEMENT

18                        Except as provided in this Act or the by-laws, no person, other than a Registered Professional Planner, shall assume or use any title, name, designation, initials or description, including, but not limited to, "Registered Professional Planner" or "RPP" alone, or in combination with any other designation that does, or could, lead the public to believe that person is a Registered Professional Planner.



19                        Any person who furnishes false or misleading information in, or with respect to, any application made under this Act, the by-laws or in any statement or return required to be furnished under the Act or the by-laws, commits an offence.



20                        A person who violates or fails to comply with sections 18 or 19 of this Act commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category E offence and is liable on summary conviction to a fine or a term of imprisonment, or both.



21                        When a Member, former Member or any person attempts to do anything contrary to the provisions of this Act, or any by-law made under the authority of this Act, such action may be restrained by an injunction of The Court of Queen's Bench of New Brunswick at the instance of the Executive Committee acting in the name of the Association.



22                        The Executive Committee, on behalf of the Association, may institute and carry on, or authorize any person to institute and carry on the prosecution of an offence under this Act provided that no prosecution by the Executive Committee or any other person for an offence under this Act shall be commenced after the expiration of two years from the date of the last act that is part of the alleged offence.



23                        When a violation of any provision of this Act continues for more than one day, the offender is guilty of a separate and distinct offence for each day that the violation continues.



LIMITATION OF ACTIONS

24(1)               No action or other proceeding shall be commenced against a Registered Professional Planner arising out of the use of the term "Registered Professional Planner" or "RPP" after two years from the date on which the service was, or ought to have been performed, or from the date the cause of the damage became known or ought to have become known.



24(2)               No action or other proceeding shall be commenced against an officer of the Executive Committee, or another officer, agent or appointee of the Association for any act done in good faith in the performance or intended performance of any duty, or in the exercise or the intended exercise of any power under this Act or a by-law, or for any neglect or default in the performance or exercise in good faith of such duty or power.



FEES, FINES AND PENALTIES

25(1)               All fees, debts, fines and penalties payable or recoverable under this Act shall belong to the Association.



25(2)               All unpaid fees, fines and penalties become debts owed to the Association.



PART V - EXEMPTIONS

26                        Nothing in this Act applies to, or prevents



(a)               the practice of engineering and geoscience by a person authorized to carry on such practice by the Engineering and Geoscience Professions Act,



(b)               the practice of architecture by a person authorized to carry on such practice by the New Brunswick Architects Act,



(c)               the practice of engineering technology by a person authorized to carry on such practice by the Engineering Technology Act,



(d)               the practice of building inspections by a person authorized to carry on such practice by the New Brunswick Building Officials Association,



(e)               the practice of agrology by a person authorized to carry on such a practice by the Agrologists' Profession Act, 2004, or



(f)                the practice of surveying by a person authorized to carry on such a practice by the New Brunswick Land Surveyors Act, 1986.



27                        Unless otherwise specified in the Community Planning Act, this Act does not prevent persons appointed under the Community Planning Act from assuming or using their title, name, designation, initials or description or from carrying out their legislative responsibilities under the Community Planning Act.



PART VI - TRANSITIONAL

28                        Every person who, at the coming into force of this Act, is a member of the New Brunswick Association of Planners shall become a Member of the Association, the equivalent classes of which shall be determined by the by-laws and the Executive Committee.



29                        Until repealed, altered or amended by the Association, the by-laws of the former New Brunswick Association of Planners shall remain in force, notwithstanding any conflict with this Act, and have effect as if made under this Act.



30                        Until elected by the Association, the executive of the former New Brunswick Association of Planners exercises the powers under this Act.



31                        The first by-laws of the Association shall be adopted at a meeting organized by the former New Brunswick Association of Planners by not less than ten of its members holding an MCIP designation and residing in New Brunswick.




.........................................................................................................................................................................................................
Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
DISCLAIMER