of Bill :
WHEREAS the New Brunswick Institute of Agrologists prays that it be enacted as hereinafter set forth;
THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick enacts as follows:
1 This Act may be cited as the Agrologists' Profession Act, 2004.
2 Unless the context otherwise requires, the following definitions apply in this Act.
"agrologist" means a person registered to practise agrology under the provisions of this Act. (agronome)
"articling agrologist" means a person enrolled as an articling agrologist under the provisions of this Act. (agronome en formation)
"Court" means The Court of Queen's Bench of New Brunswick. (Cour)
"Institute" means the New Brunswick Institute of Agrologists. (Institut)
"member" means a member of the Institute in good standing, and for the purpose of disciplinary action and investigations under this Act, includes a person whose membership is suspended, revoked or expired, or a member who has resigned, and includes an articling agrologist. (membre)
"member in good standing" means a member who is not in arrears with respect to any fees, dues, assessments or charges owing to the Institute, or is not under suspension. (membre en règle)
"Minister" means the Minister of Agriculture, Fisheries and Aquaculture or the Minister holding such equivalent office as named from time to time. (ministre)
"practice of agrology" includes the application of scientific knowledge, practices and principles to:
(a) agricultural products, supplies, buildings, structures, machinery and equipment;
(b) agricultural crops and plants, livestock, poultry and bees;
(c) by-products and waste materials of agricultural crops and plants, livestock, poultry and bees;
(d) land, soil, water, and other resources utilised for agricultural purposes;
(e) weeds, insects, diseases and other pests that affect agricultural products, crops, plants, livestock, poultry and bees; and
(f) agricultural research and experimentation. (exercice de la profession d'agronome)
3(1) The Institute, incorporated by An Act to Incorporate the New Brunswick Institute of Agrologists, chapter 83 of the Acts of New Brunswick, 1960, is continued as a corporation without share capital.
3(2) The Institute shall consist of persons who are members on the date this Act comes into force, together with persons who become members after that date.
3(3) The category of membership of a person who is a member when this Act comes into force shall not change by reason thereof.
4(1) The head office of the Institute shall be in The City of Fredericton or as provided by by-law.
4(2) The Institute shall have a seal in a form provided by by-law.
5 The objects of the Institute are to
(a) regulate the practice of agrology and to govern its members in accordance with this Act and the by-laws in order to serve and protect its members and the public interest,
(b) establish, maintain, develop and enforce standards for the practice of agrology, including standards with respect to required knowledge, skill and efficiency,
(c) establish, maintain, develop and enforce standards of professional ethics,
(d) promote public awareness of the role of the Institute and the work of agrologists, and to communicate and co-operate with other professional organizations for the advancement of the best interests of the Institute, including the publication of books, papers and journals,
(e) encourage studies and research in agriculture and provide assistance and facilities for special studies and research,
(f) ensure the quality of service of agrologists,
(g) provide means whereby it may participate in the development of public policy with respect to changes in the field of agrology.
POWERS OF INSTITUTE
6 The Institute, in furtherance of its objects, shall have the power to
(a) provide for the discipline, government, control and honour of persons practising agrology in New Brunswick, including the power to determine standards of professional conduct,
(b) acquire property, both real and personal, by way of purchase, lease, grant, hire, exchange or otherwise, and to dispose of such property by any means,
(c) provide for the management of its property, affairs and business, including the employment of staff,
(d) borrow and spend money for the purpose of carrying out the objects of the Institute, and give security for money borrowed on any of its real or personal property by way of mortgage, pledge, charge or otherwise,
(e) invest money of the Institute, not immediately required for any of its objects, in any manner as it may from time to time determine,
(f) establish and maintain an official register of members registered to practise agrology in New Brunswick,
(g) fix and collect fees or other charges payable by any person
(i) upon enrolling as an articling agrologist,
(ii) upon registering as a member,
(iii) writing an examination prescribed by the Institute with a view to becoming a member or to maintain membership, or
(iv) as annual dues,
(h) assess members for any ordinary, special or extraordinary expenditure that may be deemed necessary or expedient to further any of the objects of the Institute,
(i) prescribe the qualifications as to education, character, and experience required by any person before being registered to practise agrology in New Brunswick, including mandatory continuing education for members as a condition of registration as an agrologist, and establish and define fields of specialization and qualifications necessary to practise in a specialized field,
(j) provide for the determination, by examination or other means, of the competency of persons seeking to be registered to practise agrology, and to grant certificates of registration to persons qualified to practise, including the right to practise agrology on a temporary basis,
(k) arrange and establish ways and means by which persons may be trained in the practice of agrology,
(l) enter into agreements on behalf of the Institute as may be necessary, incidental or conducive to carrying out the objects of the Institute,
(m) exempt any person or class of persons from the payment of fees, dues, assessments or charges for such reason and upon such terms and conditions as the Institute may from time to time determine, and suspend members for non-payment,
(n) receive gifts, donations and bequests, and make gifts or donations for the promotion of the objects of the Institute,
(o) regulate advertising,
(p) establish standard tariffs of fees,
(q) call and regulate meetings, including fixing the quorum, the method of voting, the time, place and conduct of the annual general meeting and other meetings of the Institute and meetings of Council,
(r) provide for the eligibility, nomination, election, number and term of office and duties of members of Council and committees, including the appointment and removal of persons as ex officio or honorary officers or members of Council or the Institute,
(s) provide for the establishment of committees by the Institute or Council, and to prescribe their powers, duties, method of operation, procedures for meetings and filling vacancies, the form and frequency of reports to Council or the Institute, and to provide for the delegation of powers or duties of Council to any committee,
(t) establish categories of membership in the Institute, and prescribe the privileges, obligations and conditions of membership,
(u) provide for the establishment and payment of scholarships, fellowships, and other educational incentives, benefits and awards by the Institute,
(v) provide for investigations by the Complaints and Discipline Committees, and the procedures to be followed,
(w) provide for meetings of Council and committees by conference telephone or other electronic means of communication by which all persons involved may participate,
(x) organize branches of the Institute throughout New Brunswick and provide for the administration, expenditures and activities of such branches, including representation on Council,
(y) make grants or loans to branches or to any other association or institute of agrologists, or for any purpose deemed to be in the interests of the Institute,
(z) provide for professional liability insurance and to determine whether such should be mandatory,
(aa) do all other things necessary or desirable to exercise the powers conferred by this Act, or any powers incidental thereto.
7(1) For the purpose of achieving its objects and the implementation of its powers under section 6, the Institute may make by-laws not inconsistent with the provisions of this Act.
7(2) No by-law, amendment, or repeal of a by-law shall be effective until passed by resolution of a majority of members voting
(a) at the annual general meeting, or
(b) at a special meeting of the Institute called for that purpose.
7(3) A proposed new by-law, amendment or repeal of a by-law, shall be in writing signed by at least 2 members and, not less than 45 days before the meeting, shall be presented to the secretary who shall include a copy in the notice calling the meeting.
8(1) There shall be an annual general meeting of the Institute at a time and place to be decided in a manner provided by by-law.
8(2) Fifteen members shall constitute a quorum for the transaction of business at an annual or special meeting, or as provided by by-law.
8(3) Subject to paragraph 9(1)(c), only members in good standing are entitled to vote at meetings of the Institute, to be a member of Council or any committee of the Institute, or to hold office in the Institute.
9(1) There shall be a Council of the Institute consisting of
(a) a president, vice-president, immediate past president and treasurer, and
(b) 3 additional members,
all of whom shall be elected by the membership of the Institute in the manner provided in the by-laws, and
(c) one lay person to act as lay representative on Council, who shall be appointed by the Minister from a panel of not less than 4 persons named by Council.
9(2) The Institute may by by-law increase the number of Council members.
9(3) There shall be an Executive Committee consisting of the president, vice-president, immediate past president and treasurer, together with such additional members as provided by by-law.
9(4) Subject to the provisions of this Act and the by-laws, the management of the Institute shall be vested in Council and the Executive Committee.
9(5) Three members of Council shall constitute a quorum for the transaction of business, or as provided by by-law.
10(1) The term of office of members of Council shall be fixed by by-law.
10(2) Notwithstanding subsection (1), in the event of a vacancy occurring on Council, except the office of president, the vacancy may be filled for the balance of the unexpired term
(a) where the vacancy is with respect to a person elected under paragraph 9(1)(a) or (b), by Council appointing a replacement, and
(b) where the vacancy is with respect to a person appointed under paragraph 9(1)(c), by the Minister appointing a replacement from a panel of not less than 4 persons named by Council.
10(3) The members of Council and Executive Committee in office when this Act comes into force shall continue in office until their successors are elected or appointed in accordance with section 9 and the by-laws.
10(4) At the first meeting following the election of Council, or as soon after as possible, Council shall appoint such other persons or committees as may be necessary for carrying out the provisions of this Act or the by-laws, which persons or committees shall hold office during the pleasure of Council or as provided by by-law.
RULES BY COUNCIL
11(1) Council may make rules not inconsistent with the provisions of this Act or the by-laws providing for
(a) the appointment, revocation and filling of vacancies on committees,
(b) calling and conducting meetings of all committees,
(c) preliminary investigations into the conduct of a member,
(d) the custody and use of the Institute seal,
(e) the execution of documents by the Institute,
(f) banking and finance,
(g) calling and conducting meetings of Council and the duties of members of Council,
(h) the payment of necessary expenses of Council and committees in conducting the business of the Institute,
(i) the management of the property of the Institute,
(j) the appointment, composition, powers and duties of additional or special committees,
(k) the application of the funds of the Institute and the investment and reinvestment of any of its funds not immediately required, and for the safekeeping of its securities.
11(2) A rule proposed by Council under subsection (1) is not effective until confirmed by resolution of Council.
SECRETARY, REGISTRAR AND STAFF
12(1) Council shall appoint a member in good standing, or any other person it considers suitable, as Registrar of the Institute to perform such duties as provided by by-law.
12(2) Council shall appoint a member in good standing as Secretary of the Institute to perform such duties as provided by by-law.
12(3) Council may appoint an Executive Director and such other staff as it considers necessary to administer the affairs of the Institute, and may fix their salaries and other terms and conditions of employment.
12(4) Persons appointed under subsections (1), (2) and (3) shall hold office during the pleasure of Council or as provided by contract with the person appointed.
13(1) Council shall appoint an Admissions Committee consisting of at least 5 members, one to be named by Council as chairperson and one as vice-chairperson.
13(2) Members of the Admissions Committee shall be appointed for a term of 2 years and may be reappointed.
13(3) The Admissions Committee shall sit in panels of 5 members, presided over by the chairperson or vice-chairperson, and decisions of a panel shall be by majority vote.
13(4) If the term of a member of the Admissions Committee expires before a matter before it is concluded, the member whose term has expired shall continue in office until the matter is concluded.
13(5) Subject to subsection (4), if a member of a panel of the Admissions Committee is unable to continue to act for any reason, the chairperson or vice-chairperson of the Committee shall assign another member of the Committee to the panel, or if there are only 5 members on the Committee, Council shall appoint another member to the Committee.
Review of Applications
14(1) The Admissions Committee shall review
(a) all applications for registration and enrollment in the Institute, and
(b) all applications for reinstatement in the Institute by a former member.
14(2) The Admissions Committee may, in reviewing applications under subsection (1)
(a) administer examinations as provided by by-law,
(b) conduct, or authorize any person to conduct an investigation with respect to the applicant.
14(3) An applicant whose application is being reviewed shall provide any documents and information that is within the applicant's possession or power and that the Admissions Committee considers relevant to the application.
14(4) Where the Admissions Committee conducts an investigation under paragraph (2)(b) it may, by written notice, require the applicant to appear before it to answer questions or provide additional information relevant to the application.
14(5) The Admissions Committee may arrange for whatever clerical or administrative assistance it requires in carrying out its responsibilities under this section.
Recommendation to Council
15(1) The Admissions Committee shall, after completing its review under section 14, make a recommendation to Council in writing with reasons
(a) rejecting the application,
(b) approving the application without conditions, or
(c) approving the application, subject to the conditions set out in its recommendation.
15(2) The recommendation of the Admissions Committee shall be given to the applicant who shall be deemed to accept the recommendations unless, within 20 days after receiving the recommendation, the applicant requests a review by Council.
15(3) Council shall consider the review requested by the applicant under subsection (2) at the same time as it considers the application, and may, by majority vote
(a) confirm the recommendation of the Admissions Committee,
(b) change the recommendation of the Admissions Committee and allow the application subject to such conditions Council considers appropriate, or
(c) refer the application to the Admissions Committee to take such action as Council directs.
APPLICATION FOR REGISTRATION AND ENROLLMENT
16 An application for registration as a member of the Institute or for enrollment as an articling agrologist shall be made to Council which shall refer the application to the Admissions Committee for review and recommendation.
17(1) Council, upon the recommendation of the Admissions Committee, may approve for enrollment as an articling agrologist a person who
(a) holds a degree in agriculture or a degree that is the equivalent of a degree in agriculture as provided by by-law,
(b) produces satisfactory evidence of good character, including letters of reference,
(c) undertakes to comply with any requirements imposed by Council or the Admissions Committee with respect to attendance at an orientation program prescribed by by-law, and
(d) is lawfully entitled to work in Canada.
17(2) Council, upon the recommendation of the Admissions Committee, may approve for registration as an agrologist a person who
(a) complies with all of the requirements of subsection (1),
(b) passes all examinations to be conducted by the Admissions Committee as prescribed in the by-laws or as required by Council,
(c) produces evidence of reputation and experience satisfactory to the Committee, and
(d) meets all other requirements which may be prescribed in the by-laws.
18 Council, upon the recommendation of the Admissions Committee, may approve for registration as an agrologist a person who
(a) holds a degree in agriculture, or a degree that is the equivalent of a degree in agriculture as provided by by-law, and has 3 or more years experience and training in the practice of agrology,
(b) passes all examinations to be conducted by the Admissions Committee as prescribed in the by-laws or as required by Council,
(c) undertakes to comply with any requirements imposed by Council or the Admissions Committee with respect to attendance at an orientation program approved by Council,
(d) is lawfully entitled to work in Canada, and
(e) meets all other requirements which may be prescribed in the by-laws.
19 A person who was a member of the Institute, but who has not practised agrology for at least 3 out of the immediately preceding 5 years as of the date of application for registration, may be approved for registration by Council only upon compliance with the requirements prescribed in the by-laws.
20 Notwithstanding anything in this Act, Council may deny registration to any person who
(a) has been convicted of an indictable offence relevant, in the opinion of Council, to the person's suitability to practise agrology,
(b) has been refused registration or is under investigation by any professional organization in any jurisdiction, or
(c) for any other reason the person is considered by Council to be unfit to practise agrology in New Brunswick.
21(1) Upon compliance with sections 17, 18 or 19, Council may instruct the Registrar to issue a certificate of registration to the applicant.
21(2) The Registrar shall annually renew the certificate of registration of members who meet the requirements of this Act and the by-laws.
22 Council, upon the recommendation of the Admissions Committee, may approve for temporary registration a person who
(a) is an agrologist in good standing of an association of agrologists in any other Province or Territory of Canada,
(b) practises any branch of agrology in a jurisdiction not included in paragraph (a), and
(c) meets all requirements prescribed in the by-laws with respect to temporary registration.
23 The Institute shall make by-laws
(a) prescribing the universities from which a degree in agriculture is acceptable as qualification for enrollment as an articling agrologist, or for registration as an agrologist,
(b) prescribing degrees that are considered to be the equivalent of a degree in agriculture and the universities from which such a degree is acceptable as qualification for enrollment as an agrologist in training or for registration as an agrologist,
(c) respecting the adoption and use, in whole or in part, of any accreditation program for the purpose of establishing standards of qualifications to practise agrology,
(d) prescribing evidence to be furnished as to education, good character and experience of persons who apply for registration or enrollment,
(e) prescribing the subjects for examination of persons who apply for registration or enrollment,
(f) setting the fees to be paid to take examinations and for registration or enrollment,
(g) relating to holding examinations, and the duties and functions of examiners, and
(h) respecting such other matters as the Institute considers necessary or advisable with respect to the discharge of its responsibilities in examining and registering members, including the registration of persons for temporary membership.
REGISTRATION AND FEES
24(1) The Registrar shall maintain in accordance with the by-laws a register of all persons registered to practise agrology under this Act and a register of all persons enrolled as articling agrologists.
24(2) No name shall be entered in the register other than as authorized by this Act or the by-laws, and unless the Registrar is satisfied by proper evidence that the person is entitled to be registered or enrolled.
24(3) Any person affected by a decision of the Registrar with respect to registration may appeal to Council for reconsideration of the Registrar's decision and Council may order that the person's name be entered in the register.
24(4) Each year the Registrar shall print and make available for inspection at the office of the Institute, free of charge, an alphabetical list, together with address, of all persons registered as of the first day of January, or such other date as established by by-law, for the ensuing 12 months.
24(5) The register, or a copy of the list printed in accordance with subsection (4), is prima facie evidence in all courts that the persons named are registered according to the provisions of this Act and, in the case of any person whose name does not appear, the Registrar may certify the entry of the name in the register, and such is evidence that the person is registered under the provisions of this Act.
24(6) The Registrar, upon entering the name of a member in the register, shall give the member a certificate of registration as prescribed in the by-laws.
Payment of dues
25(1) Subject to the by-laws, every member shall, on or before the first day of January of each year, or such other date established by by-law, pay to the Institute the annual dues fixed by the by-laws.
25(2) Subject to subsection (3), a member who fails to pay the annual dues as required by subsection (1) loses all rights and privileges conferred under this Act and the member's name shall not be entered in the register.
25(3) Where a person fails to comply with subsection (1), that person may make full payment of dues within one year of the time payment was owing, in which case the person's name may be entered in the register effective the date of payment only.
25(4) Subject to subsection (5), if payment is not made as provided by subsection (3), the person's name shall not be entered in the register.
25(5) Subject to section 19, a person who fails to make payment as provided by subsection (3) may apply to Council for registration, in which case Council may, upon consideration of the circumstances
(a) direct the Registrar to enter the person's name in the register upon payment of such dues as it considers appropriate, but in no event less than payment for one full year,
(b) require the person to pass such examinations as it considers necessary, or
(c) impose such other conditions as it considers in the public interest.
26(1) A person who is registered as a member of the Institute may use the designation "Professional Agrologist" or the abbreviation "P.Ag." in English, or "agronome" or the abbreviation "agr" in French.
26(2) A person who is enrolled as an articling agrologist may use the designation "Articling Agrologist" or the abbreviation "A.Ag." in English, or "agronome en formation" or the abbreviation "aef" in French.
26(3) In addition to the designations provided for in subsections (1) and (2), the Institute may provide for other designations by by-law.
RIGHT TO PRACTISE
27 No person shall practise agrology in New Brunswick, either privately or employed by another, unless registered to practise under the provisions of this Act and the by-laws.
28(1) There shall be a Complaints Committee composed of
(a) one member of Council who shall be chairperson, and
(b) 2 other persons appointed by Council.
28(2) Council may name up to 5 alternate members of the Complaints Committee to be called upon by the chairperson to act as necessary.
28(3) No person who is a member of the Complaints Committee shall be appointed a member of the Discipline Committee.
28(4) Three members of the Complaints committee constitute a quorum and a decision shall be by majority vote.
29(1) A person may make a complaint to the Institute regarding the conduct of a member, or the competency or capacity of a member to engage in the practice of agrology.
29(2) Upon receipt of a complaint under subsection (1) it shall immediately be referred to the Complaints Committee for investigation.
Investigation by Complaints Committee
30(1) The Complaints Committee shall consider and investigate complaints regarding the conduct, competency or capacity of a member, but no action shall be taken by the Committee under subsection (2) unless
(a) a written complaint has been filed with the Registrar and the member being investigated has been notified of the complaint and given at least 2 weeks in which to submit in writing to the Committee any explanations or representations the member may wish to make concerning the complaint, and
(b) the Committee has examined or has made every reasonable effort to examine relevant information and documents relating to the complaint.
30(2) After completion of the investigation, and after considering the submission of the member under subsection (1), if any, the Complaints Committee may
(a) decide that no further action be taken if, in its opinion, the complaint is frivolous or vexatious or there is insufficient evidence of professional misconduct, incompetence or incapacity,
(b) refer, in whole or in part, the allegations of professional misconduct, incompetence or incapacity to the Discipline Committee, or
(c) take such other action as it considers appropriate in the circumstances to resolve the complaint as long as such is not inconsistent with this Act or the by-laws.
30(3) The Complaints committee shall give a summary of its findings and decision in writing to the Registrar to deliver or send to the complainant and the member complained against.
Request for review of complaint by Council
31(1) A complainant who is not satisfied with the disposition of the complaint by the Complaints Committee may apply to Council within 30 days of receipt of the decision of the Committee for a review of the treatment of the complaint.
31(2) Upon a review under subsection (1) Council may, by resolution
(a) dismiss the complaint,
(b) refer the complaint back to the Complaints Committee with such instructions as it considers necessary with respect to further investigation and disposition under subsection 30(2), or
(c) refer the complaint to the Discipline Committee to hold a hearing and determine any allegation of professional misconduct, incompetence or incapacity on the part of a member that Council considers appropriate.
Appointment of Discipline Committee
32(1) There shall be a Discipline Committee composed of
(a) 4 persons who are members of the Institute, one of whom shall be appointed chairperson by Council, and
(b) one person who has never been a member of the Institute, appointed by the Minister.
32(2) Members of Council who are not appointed to the Discipline Committee shall be alternate members of the Committee and may be called upon by the chairperson of the Committee to act as necessary.
32(3) Subject to subsection (4), five members of the Discipline Committee constitute a quorum, and all disciplinary decisions require the vote of a majority of the members present at the hearing.
32(4) Where the Discipline Committee commences a hearing and not more than one member becomes unable to act, the remaining members may complete the hearing and shall have the same authority as the full Committee.
Hearing by Discipline Committee
33(1) The Discipline Committee shall hold a hearing respecting the allegations of professional misconduct, incompetence or incapacity of a member that have been referred to it by the Complaints Committee under paragraph 30(2)(b) or by Council under paragraph 31(2)(c).
33(2) The Discipline Committee shall commence a hearing as soon as possible, but not later than 60 days after the date on which a complaint is referred to it for hearing.
34(1) Members of the Discipline Committee holding a hearing shall not have taken part before the hearing in any investigation of the subject matter of the hearing, and shall not communicate directly or indirectly in relation to the subject matter of the hearing with any person or with any party or representative of the party, except upon notice to and opportunity for all parties to participate, but the Committee may seek legal advice.
34(2) No member of the Discipline Committee shall participate in the decision of the Committee unless the member was present throughout the hearing and heard the evidence and argument of the parties.
Notice of hearing
35(1) The Discipline Committee shall, not less than 14 days before the date set for the hearing, serve on the Institute, the member against whom the complaint has been made, and the complainant, if any, a notice of hearing in a form prescribed by by-law setting out the date, time and place of the hearing.
35(2) The notice of hearing shall describe the subject matter of the hearing and advise the member that the Discipline Committee may proceed with the hearing in the absence of the member.
35(3) The Discipline Committee, on proof of service of the notice of hearing on the member against whom a complaint is made, may
(a) proceed with the hearing in the absence of the member, and
(b) without further notice to the member, take any action that is authorized to be taken under this Act or by-laws.
35(4) If any other matter concerning the conduct or actions of the member against whom the complaint has been made arises during the course of the hearing, the Discipline Committee may investigate and hear the matter, but not before advising the parties of its intention to do so and shall ensure that the member is given a reasonable opportunity to respond to the matter.
Sanctions by Discipline Committee
36(1) On the completion of a hearing the Discipline Committee may
(a) dismiss the complaint, or
(b) find that the member has committed an act of professional misconduct, is incompetent or incapacitated, or any combination of them.
36(2) If the Discipline Committee finds that the member has committed an act of professional misconduct, or finds that the member is incompetent or incapacitated, it may do one or more of the following as in its opinion is appropriate to the circumstances:
(a) reprimand the member,
(b) order the member to waive, reduce or repay a fee for services that were not provided by the member or were improperly provided,
(c) impose a fine to a maximum of two thousand dollars to be paid by the member to the Institute,
(d) impose terms, conditions and limitations on the member's right to practise for a specified period of time or until the terms, conditions or limitations are satisfied, including the requirement to successfully complete courses of study or require that the member do one or more of the following:
(i) practice agrology only under the personal supervision and direction of another member,
(ii) practice agrology only with another member,
(iii) allow periodic inspections by the Committee or its delegate of the member's work and practice, or
(iv) report to the Registrar or a committee of the Institute on such matters with respect to the member's practice for such period and times, and in such form, as the Committee may direct,
(e) suspend the member from the practice of agrology for a fixed period of time or until specified criteria are satisfied,
(f) revoke the right of the member to practise agrology, in which case the Committee may order that the member not be permitted to apply for reinstatement for a fixed period of time,
(g) direct the Registrar to give public notice of any order by the Committee that the Registrar is not otherwise required to give under this Act,
(h) order that the member pay to the Institute the costs of any investigation or procedures by the Complaints Committee and the Discipline Committee, including legal costs and expenses, or
(i) make such other order as the Committee considers appropriate, including retaining jurisdiction over the matter to assure that its decision is enforced.
Costs against Institute
36(3) The Discipline Committee may order the Institute to pay all or part of the member's legal costs if in its opinion the hearing was unwarranted.
37(1) The Discipline Committee shall give its decisions in writing stating the grounds for its findings and the penalty imposed, if any, along with a statement of the rights of the parties to appeal the decision to the Court under section 43 of this Act.
37(2) Subject to section 44, an order of the Discipline Committee under section 36 takes effect immediately, or at such other time as the Committee may direct, notwithstanding that an appeal has been taken from the decision.
Suspension on failure to pay fine and costs
38 Where a member fails to pay a fine or costs imposed under subsection 36(2) within the time ordered, Council may suspend the right of the member to practise agrology until the fine or costs are paid and shall serve the member with notice of suspension.
Suspension for violation of order
39(1) Council, if it is satisfied that a member has violated or failed to comply with an order of the Discipline Committee, may without notice to the member, revoke or suspend the right of the member to practise agrology.
39(2) The Registrar shall send the member a written notice of the revocation or suspension under subsection (1).
Decision and record to Registrar
40(1) The Discipline Committee shall immediately forward to the Registrar
(a) its written decision under section 37, and
(b) the record of the hearing and all documents and other things put in evidence.
40(2) The Registrar shall immediately provide a copy of the decision to the parties and the complainant, if any.
40(3) Within a reasonable time after the matter in issue has been finally determined, the Registrar shall release documents and other things put in evidence at a hearing on the request of the person who produced them.
41(1) In a hearing before the Discipline Committee, the Institute and the member against whom a complaint is made are parties to the hearing and may be represented by counsel.
41(2) A member against whom a complaint is made shall be given, before the hearing, a reasonable length of time to examine any written or documentary evidence that will be produced, or any report the contents of which will be given in evidence at the hearing.
41(3) A party intending to use expert evidence at a hearing shall give the other party at least 10 days before the hearing, the identity of the expert and a copy of the expert's written report or, if there is no written report, a written summary of the evidence to be given by the expert.
41(4) Hearings of the Discipline Committee shall be held in private unless the member whose conduct is being investigated requests otherwise by notice delivered to the Registrar at least 5 days before the hearing.
41(5) Oral evidence taken before the Discipline Committee shall be recorded by a properly qualified court stenographer, and if a party requests a copy of the transcript it shall be furnished at that party's expense.
41(6) In the conduct of a hearing before the Discipline Committee
(a) the parties shall be allowed to call evidence and to cross-examine witnesses,
(b) the Committee, subject to this Act, may determine its own rules of procedure,
(c) the Committee is not bound by the rules of evidence which apply in judicial proceedings,
(d) the Committee may adjourn the hearing from time to time at the request of the parties upon reasonable grounds being shown,
(e) the burden of proof is the same as in civil cases,
(f) the member against whom the complaint is made is a compellable witness,
(g) a witness shall not be excused from answering any question on the ground that the answer
(i) tends to incriminate,
(ii) might subject the witness to punishment under this Act, or
(iii) might tend to establish liability in a civil proceeding or liability to prosecution.
Attendance of witnesses
42(1) The Discipline Committee, or someone designated by it to act on its behalf, may by summons in a form prescribed by by-law on the written request of any party to the proceedings, require the attendance before it of any person whose evidence may be material to the subject matter of the hearing and may order any person to produce such records, reports or other documents as appear necessary for the purpose of the hearing.
42(2) A person served with a summons shall attend and answer all questions concerning matters being inquired into at the hearing and shall produce to the Discipline Committee all records, reports or other documents that are under the person's custody or control.
42(3) The testimony of a witness may be taken under oath or affirmation administered by the chairperson of the Discipline Committee or any person designated to do so on the chairperson's behalf.
42(4) If a person on whom a summons has been served, either personally or by leaving a copy of the summons with some adult person at the person's last or most usual place of residence or business, fails to appear before the Discipline Committee or upon appearing refuses to be sworn or refuses without sufficient cause to answer any question relevant to the hearing, the Committee may by application to the Court, cause the person to be cited for contempt under the provisions of the Rules of Court in the same manner and to the same extent as if the alleged contempt took place in proceedings before the Court.
42(5) If the person referred to in subsection (4) is a member, refusal to attend and give evidence at the hearing is professional misconduct.
42(6) A person, other than the member whose conduct is the subject of the hearing, who is served with a summons under this section shall be tendered the same fees as are payable to a witness in an action in The Court of Queen's Bench of New Brunswick at the time the summons is served.
43(1) A party to proceedings before the Discipline Committee may appeal within 30 days from the date of the decision or order of the Committee to the Court by way of Notice of Application in accordance with the Rules of Court.
43(2) When requested by a party intending to appeal, and on payment of any reasonable expenses relating to the request, the Registrar shall provide the party with a copy of the record of the proceedings, including the documents received in evidence and the decision or order being appealed.
43(3) An appeal under this section shall be based on the record of the proceedings before the Discipline Committee and its decision, and may be on questions of law or fact, or both.
43(4) On an appeal from the decision of the Discipline Committee the Court may
(a) affirm, vary or reverse the decision of the Committee,
(b) exercise all powers of the Committee,
(c) substitute its decision for that of the Committee,
(d) refer the matter back to the Committee for rehearing in whole or in part, in accordance with such directions as the Court considers proper, or
(e) make any order it considers appropriate with respect to costs.
Application for stay
44(1) A member who appeals a decision or order of the Discipline Committee may apply to the Court for a stay of the decision or order pending the disposition of the appeal, and the Court may make any order it considers appropriate.
44(2) A member shall give the Institute at least one week's notice of an application under subsection (1) to stay a decision or order of the Committee.
45(1) In the absence of a complaint, Council may carry out an investigation if it has reason to believe that the conduct or actions of a member may constitute professional misconduct, incompetence or incapacity, or may direct that the Complaints Committee carry out such investigation.
45(2) Council may appoint one or more investigators to assist in an investigation under subsection (1), or to assist the Complaints Committee in any investigation it is required to conduct under this Act.
Responsibilities of member
46(1) A member who is being investigated under this Act shall cooperate with Council, the Complaints Committee and the investigator, and shall produce all documents and disclose to Council, the Complaints Committee and the investigator, all information that may be relevant to the investigation.
46(2) No member shall obstruct, or cause to be obstructed, an investigator while the investigator is performing duties under this Act.
46(3) No member shall withhold, conceal or destroy, or cause to be withheld, concealed or destroyed, anything that is relevant to an investigation under this Act.
46(4) A member who violates subsection (1), (2) or (3) commits an act of professional misconduct.
47(1) Any person not registered to practise agrology or not enrolled as an articling agrologist under this Act, or whose registration or enrollment is revoked or suspended, and who
(a) practises agrology,
(b) uses the title of agrologist or articling agrologist, or makes use of any abbreviation of such title, or any name, title or designation which may lead to the belief that the person is an agrologist or articling agrologist, or
(c) advertises or in any way or by any means represents to be an agrologist or articling agrologist,
commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.
47(2) Any person who procures or attempts to procure admission to the Institute for that person or another by making, or causing to be made, any false or fraudulent representation or declaration, either oral or written, or who makes any false statement in any application, declaration or other document under this Act or the by-laws, commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.
48 Where an offence under this Act is committed by a corporation, including a professional corporation, every director, manager, secretary or other officer of that corporation who has assented to the commission of the offence is a party to the offence.
49 In any prosecution under this Act, it shall be sufficient proof of an offence if it is proved that the accused has done or committed a single act of unlawful practice, or has committed on one occasion any of the acts prohibited by this Act.
50 Any information alleging an offence under this Act may be laid in accordance with the Provincial Offences Procedure Act in the name of the Institute on oath or solemn affirmation of the Registrar or of a person authorized by Council.
51(1) Where an offence under this Act continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
51(2) All fines recoverable under this Act shall be paid to the Institute, and shall form part of its funds.
52(1) The Court may, on application by the Institute and on being satisfied that there is reason to believe that a person has violated or will violate this Act or a by-law, or has been charged with or convicted of an offence, and it is probable that the person will in future commit or continue to commit the offence, grant an injunction restraining the person from committing or continuing to commit such acts and, pending disposition of the application seeking the injunction, the Court may grant an interim injunction.
52(2) An injunction granted under this section may be enforced in the same manner as an injunction granted to enjoin a civil wrong.
53 Any person who violates any provision of this Act shall not be entitled to recover or be paid any fee, reward, or disbursement for any service rendered while practising or purporting to practise agrology.
54 Nothing in this Act shall be construed to prevent a person from
(b) performing the work of an articling agrologist or the work of a technician or technologist, or other work that includes the practice of agrology, provided such work is performed under the direct supervision of an agrologist who takes responsibility for the work,
(c) practising engineering or geoscience under the Engineering and Geoscience Professions Act,
(d) practising forestry under the New Brunswick Foresters Act, 2001,
(e) practising as a veterinarian under The Veterinarians Act,
(f) practising land surveying under the New Brunswick Land Surveyors Act, 1986,
(g) carrying on any profession or occupation authorized by an Act of the Province of New Brunswick, or requires the person to become registered under this Act to perform such functions.
55 No action lies against members, officers or directors of the Institute, Council, or any committees of the Institute or its employees or agents for anything done in good faith under the provisions of this Act or the by-laws.
56 No member shall be personally liable for any debt of the Institute beyond the amount of that member's unpaid dues, fees or other amounts for which a member may become liable under this Act or the by-laws.
57(1) All committees in effect on the day this Act comes into force shall continue to act under An Act to Incorporate the New Brunswick Institute of Agrologists, chapter 83 of the Acts of New Brunswick, 1960, until replaced or reconstituted under the provisions of this Act.
57(2) All applications for membership in the Institute, and all disciplinary proceedings in progress on the day this Act comes into force, shall be continued and disposed of under An Act to Incorporate the New Brunswick Institute of Agrologists, chapter 83 of the Acts of New Brunswick, 1960.
57(3) All complaints and investigations concerning matters of discipline, incompetence or incapacity received after this Act comes into force shall be dealt with under this Act notwithstanding when the subject matter of the complaint arose.
58 An Act to Incorporate the New Brunswick Institute of Agrologists, chapter 83 of the Acts of New Brunswick, 1960, is repealed, provided that all by-laws made under the provisions of that Act, and in effect at the time of its repeal, shall continue in effect with such modifications as the circumstances require until repealed, amended, or replaced by by-laws enacted under the provisions of this Act.
59 This Act comes into force on September 1, 2004.