BILL 17

An Act Respecting the Canadian Information Processing Society of New Brunswick

WHEREAS the Canadian Information Processing Society of New Brunswick 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 The short Title of this Act is the Canadian Information Processing Society of New Brunswick Act.

2 The Canadian Information Processing Society of New Brunswick incorporated by Letters Patent, is hereby continued as a corporation without share capital under the name "Canadian Information Processing Society of New Brunswick".

3 In this Act

"Board" means the Board of Directors of the Canadian Information Processing Society of New Brunswick;

"by-laws" means the by-laws of the Society enacted by the Board and approved by the members in accordance with this Act and the by-laws;

"I.S.P. designation" means the Information Systems Professional designation also known as the 'I.S.P.' or the 'ISP', or Informaticien professionnel agréé designation also known as the 'IPA' or the 'I.P.A.', all terms being interchangeable;

"member" means a member of the Society and includes all members of the Canadian Information Processing Society of New Brunswick at the time this Act comes into force and all other persons who become members in accordance with the by-laws;

"National Society" means the Canadian Information Processing Society, the national professional organization with which the Association holds common objectives and standards and shall be related with through these by-laws and formal reciprocal agreements;

"practice of information systems" means the investigation, analysis, design, development or management of information systems based on computer or related technologies through the objective application of specialized knowledge and professional judgment;

"Registrar" means the person appointed by the Board of Directors of the Canadian Information Processing Society of New Brunswick to maintain membership registers in accordance with the by-laws;

"Society" means the Canadian Information Processing Society of New Brunswick.

4(1) The persons registered as members of the Canadian Information Processing Society of New Brunswick on the day this Act comes into force and such other persons who become members of the Society in accordance with the by-laws constitute the Society.

4(2) The members of the Board of Directors and the officers of the Society in office immediately before the coming into force of this Act are continued in office until their successors are appointed or elected in accordance with this Act and the by-laws.

5 The purpose of the Society is to support, develop and promote information technology professionals in New Brunswick and to enhance their professional standing through a strong, provincially based organization which will

(a) administer and regulate the use of the I.S.P. designation and promote the professional practice of information systems within New Brunswick,

(b) promote increased levels of knowledge, skill and proficiency, and grant certification of competency,

(c) foster the attainment of the highest standards of quality and competence and facilitate the provision of related educational and development services to members,

(d) protect the public by establishing, maintaining and enforcing strict rules of ethical conduct for members of the Society,

(e) inform the public of the aims and purposes of the Society, and

(f) represent provincial interests with the National Society, governments and other organizations.

6(1) The affairs of the Society will be managed by a board of directors that shall consist of no fewer than three and no more than twelve members of the Society, as the Board may from time to time determine by by-law, elected from the membership of the Society in the manner and at the times, and for the terms established in the by-laws.

6(2) The manner of electing the members of the Board, the notification to the electors of the time and place of holding elections, the nomination of the candidates, the presiding officers at elections, the taking and counting of votes, the tenure of office of members of the Board and other necessary details shall be as set out in the by-laws.

7 At any annual or special meeting of members of the Society, a quorum shall constitute fifteen certified members in good standing including one-half of the Board.

8 The Board may make, amend or repeal by-laws regarding such matters as are necessary to conduct the business and carry out the objects of the Society, and without restricting the generality of the foregoing, in addition to the matters specifically provided elsewhere in this Act, the Board may pass by-laws

(a) establishing classes of membership and prescribing the requirements, conditions, rights and privileges for the various classes,

(b) establishing an executive committee from members of the Board and granting it the authority to carry out certain duties or responsibilities of the Board,

(c) governing and regulating the conduct of members by prescribing a code of ethics, rules of professional conduct, and standards of practice, and by providing for the suspension, expulsion or other penalty for professional misconduct, incapacity or incompetence,

(d) governing and regulating the certification and renewal, suspension, cancellation and reinstatement of certification of Society members,

(e) determining and approving the educational, training and work experience required to become qualified for or to maintain membership in the Society,

(f) prescribing fees payable to the Society,

(g) respecting and governing the management and disposition of trust, charitable or benevolent funds committed to the care of the Society,

(h) authorizing or entering into cooperative or affiliation arrangements with the National Society or other organizations,

(i) governing the calling, holding and conducting of meetings of the Board and of members of the Society, and

(j) respecting and governing such other subjects, matters and things as the Board considers appropriate to administer this Act, the Society or to regulate the members.

9(1) Every by-law and every amendment or repeal of an existing by-law is effective when it is approved by a two-thirds majority vote of those members at an annual or special meeting.

9(2) The Board of Directors shall cause the text of any by-law enacted to be sent to all members of the Society.

9(3) The by-laws of the Society shall be open to public examination by appointment at the head office of the Society during normal office hours.

10(1) The Board may by resolution make rules not contrary to this Act or the by-laws regulating any of the aspects, subjects or matters of the business affairs of the Society as may be governed by by-law and any such rule shall be valid, binding and effective from the date of the resolution of the Board until repealed or amended by an ordinary resolution at an annual, special or general meeting called for the purpose of considering the same.

10(2) The Society shall grant certified membership to every individual applying to use the I.S.P. designation if the individual has met all academic, work experience and certification requirements, has paid all prescribed fees, and has met all other qualification criteria in accordance with this Act and the by-laws.

10(3) The Registrar of the Society shall keep a register of names of all members in good standing and their class of membership, and the register shall be open to examination by the public at the head office of the Society by appointment during normal working hours.

11(1) Every registered member of the Society may use the designation member and be entitled to the privileges of membership as specified in the by-laws, but only certified members shall have the exclusive right to use the I.S.P. designation within the Province of New Brunswick.

11(2) Any person in New Brunswick who, not being a certified member of the Society, or whose membership in the Society has been revoked or suspended and who

(a) uses the title, or any name, description or designation which implies, suggests or holds out that the person is an I.S.P., or

(b) advertises or in any way or by any means represents themselves to be an I.S.P.,

commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

11(3) Any information alleging an offence under this Act may be laid in accordance with the Provincial Offences Procedure Act in the name of the Society on oath or solemn affirmation of a person authorized by the Board.

12(1) A person who has been refused membership or certification or a person who has been subject to a disciplinary sanction under the by-laws of the Society may appeal to The Court of Queen's Bench of New Brunswick, in accordance with the Rules of Court, from the refusal to grant membership or certification from the sanction.

12(2) Where a person appeals to The Court of Queen's Bench of New Brunswick, the Society shall forthwith file in The Court of Queen's Bench of New Brunswick a record of proceedings that resulted in the failure or refusal to grant membership or certification, or the decision imposing a sanction, together with any transcript of evidence, if there is one, which shall constitute the record in the appeal.

12(3) An appeal under this section may be made on questions of law or fact or both.

12(4) The Court may affirm or rescind any decision, may substitute its opinion for that of the Board of Directors of the Society, may refer the matter back to the Board of Directors for rehearing in whole or in part or may direct the Board to take such action as the Court considers appropriate.

13 Subject to subsection 11(2), this Act does not affect or interfere with the right of any persons who are not members of the Society from carrying out or being employed in the practice of information systems, from describing themselves as being in the practice of information systems and from offering similar services.

14 Any surplus derived from carrying on the affairs and business of the Society shall be applied solely in carrying out its objects and purposes and shall not be divided among its members.