BILL 29

An Act Respecting Building Officials and the New Brunswick Building Officials Association Inc.

WHEREAS the New Brunswick Building Officials Association Inc. prays that it be enacted as hereinafter set forth;

AND WHEREAS it is desirable, in the interests of the public and the members of the New Brunswick Building Officials Association Inc., to continue the New Brunswick Building Officials Association Inc. as a body corporate for the purpose of fostering and encouraging the building inspection industry in the province, for governing and regulating inspection services provided by its members and to establish and administer a system to recognize and register Building Officials in the Province of New Brunswick;

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 "New Brunswick Building Officials Association Act".

PART I

INTERPRETATION

2(1) In this Act, unless the content otherwise requires,

"Act" means the New Brunswick Building Officials Association Act;

"Association" means the New Brunswick Building Officials Association Inc. as continued under section 3 of this Act;

"BCQO" means Building Code Qualified Official, as identified in the bylaws of the New Brunswick Building Officials Association Inc.;

"Building Inspections" means the application of technical knowledge and skill by certified building officials;

"Building Official" means a person whose name is entered in the register established and maintained under the Act and the bylaws who is an individual who uses his or her training and experience to administer national, provincial or municipal laws, acts or regulations related to buildings and facilities and this role includes, but is not limited to, the review and inspection of new or existing buildings, renovations, alterations, additions, changes is use, demolition and maintenance of properties for compliance with applicable laws and he or she may consult and report on such findings;

"bylaws" means the bylaws set out by the Association;

"CBCO" means Certified Building Code Official, as identified in the bylaws of the New Brunswick Building Officials Association Inc.;

"Committee", in relation to the function specified, means a person or persons, selected by the Association designated under the bylaws to perform that function;

"costs" means all costs, expenses, honoraria and disbursements and all legal and other expenses of any kind incurred by the Association in relation to an investigation, proceeding, hearing or appeal under this Act;

"Court" means a Judge of The Court of Queen's Bench of New Brunswick;

"Executive" means the Executive Committee of the New Brunswick Building Officials Association Inc. as outlined in Part II, section 6, of this Act;

"incapacity" means a physical or mental condition or disorder, suffered by a Member, of such nature that it is desirable in the interest of the public or the Member that he or she no longer be permitted to carry on the occupation of a building official or that his or her carrying on such occupation be suspended or subjected to conditions, limitations or restrictions;

"incompetence" means acts or omissions on the part of a Member, in his or her occupation, that demonstrate a lack of knowledge, skill or judgment, or disregard for the interests of the recipient of his or her services of such a nature and to such an extent as to render him or her unfit to carry on the occupation of building inspection or to carry on the occupation without conditions, limitations or restrictions;

"Member" means an individual in the New Brunswick Building Officials Association Inc. who has met all the required qualifications and has been registered in accordance with this Act and bylaws;

"misconduct" means a serious digression from established or recognized standards or rules of the Association or generally the occupation of building inspection and includes a breach of such rules of ethics or conduct as may be prescribed by bylaw;

"prescribed" means prescribed by bylaws or resolutions made by the Executive under this Act;

"register" means the register kept under Part III herein;

"Registrar" means the person or persons holding the office of Registrar under section 9.

2(2) The words "Building Official", "Certified Building Code Official", "Building Code Qualified Official" and the initials "CBCO" or "BCQO" used alone or in any other combination with other words or expressions when used in any provision of an Act of the Legislature or any regulation, rule, order or bylaws made under an Act of the Legislature enacted or made before, at or after the commencement of the Act or when used in any public document, shall be read as including a person whose name is entered in the register.

3 The New Brunswick Building Officials Association Inc. incorporated by Letters Patent dated November 1, 1979 issued pursuant to the Companies Act, is hereby continued as a body corporate and politic without share capital under the name "New Brunswick Building Officials Association" and subject to this Act, has the capacity, rights, powers and privileges of a natural person.

4 The objects of the Association are

(a) to promote and improve the education and training of its Members and the objectives put out by the Association,

(b) to assist in the establishment of uniform regulations in New Brunswick relating to the planning, construction, demolition, alteration, renovation, maintenance, operation and renewal of buildings, as these activities relate to the structural adequacy and durability of buildings, to the safety and health of their users, to fire protection and prevention and to the protection of the environment and resource conservation,

(c) to promote uniform interpretation and enforcement of the National Building Code and Fire Codes, and any other code, standard, Act or regulation respecting the activities described in paragraphs (a) and (b),

(d) to promote the interchange of ideas and knowledge respecting the activities described in paragraphs (a), (b) and (c) and to foster a close liaison among the Association, related associations, the building industry, the government and the consumer public,

(e) to provide formal training and educational facilities to the Members of the Association,

(f) to hold meeting and conferences for the discussion of building standards, governmental and municipal affairs and for the presentation of papers and lectures,

(g) to collect and disseminate papers, lectures and other information that is useful or interesting to the members of the Association, and

(h) to maintain high professional standards among the Members of the Association through education and discipline.

5 The membership of the Association shall consist of every registered Building Official in the Province. The Executive shall have authority to determine the categories of membership as they see fit.

PART II

THE EXECUTIVE COMMITTEE

6(1) The Executive Committee, consisting of not less than 12 members of whom all shall be appointed by the Members of the New Brunswick Building Officials Association Inc., shall be responsible for the administration of this Act and shall control, govern and manage the business and affairs of the Association.

6(2) The number of Executive Committee members, their respective terms of office, the manner of their appointment and their qualifications shall be established and governed by the bylaws of the Association and such bylaws may provide for the filling of vacancies and for the appointment or election of additional executive committee members.

7(1) Unless this Act or the bylaws otherwise provide, the Executive may by resolution make, amend or repeal any bylaws governing and regulating the business or affairs of the Association, and without restricting the generality of the foregoing

(a) governing and regulating

(i) the admission, suspension, removal, and reinstatement of Members, the conditions precedent to membership and the conditions for continued membership in the Association,

(ii) the conduct of Members of the Association by prescribing a code of ethics, rules of conduct and standards of practice, and providing for suspension, expulsion or other penalty if a Member contravenes the code of ethics, rules of conduct or standards of practice, and

(iii) the registration and renewal of Members, including establishing limitations or conditions on any registration issued under this Act,

(b) establishing one or more additional categories of membership and determining the rights, privileges and obligations of the Members of each category,

(c) determining, governing and regulating the setting and distribution of annual and other fees required to become registered as a Member, which shall include fees for membership in the Association,

(d) delegating to committee members or executive, the duties, powers and privileges of the Executive Committee, except the power to make, amend or repeal bylaws,

(e) respecting annual, special and general meetings of the Association, establishing the method of voting thereat, setting the fiscal year of the Association and determining the place where the head office of the Association and other offices shall be located,

(f) establishing a curriculum, courses of study and examinations and other educational programs for students and members of the Association,

(g) developing establishing, maintaining and administering criteria for qualification to become, and continue as a Member,

(h) authorizing the making of co-operative, affiliation and other arrangements and agreements with any institution, person, corporation, council, organization, government, or professional body in any jurisdiction,

(i) establishing fines and other penalties for misconduct, incompetence, contravention of the bylaws or a failure to comply with a limitation or condition under this Act,

(j) respecting inquiries into the conduct or competence of Members or former Members, and

(k) advancing the interests of Members,

and subject to subsection (2) hereof, such bylaws shall be valid, binding and effective from the date of the Committee's resolution enacting the bylaw, and where a bylaw is amended, it continues in effect in the form in which it is amended.

7(2) Bylaws relating to matters described in paragraphs (a), (b), (c), (f) and (g) of subsection (1) shall not be effective or be acted upon until confirmed by an ordinary resolution at an annual, special or general meeting of the Association, and where a bylaw is amended by ordinary resolution at such meeting, it becomes effective in the form in which it is amended.

7(3) The Executive shall cause the text of any bylaw enacted by it to be sent to the Members with the notice of the next annual meeting following such enactment or with the notice of any special or general meeting called for the purpose of considering the same and at such meeting the bylaw may be confirmed, rejected, repealed or amended by an ordinary resolution.

7(4) Any amendment or repeal of a bylaw by the Association shall be made by bylaw.

7(5) If a bylaw is repealed at a meeting of the Association or if the Executive does not send the bylaw to the members as required under subsection (3), the bylaw ceases to be effective and no subsequent Executive resolution making that bylaw and any bylaw having substantially the same purpose or effect is effective until it is confirmed in the manner set out in subsection (2).

7(6) Unless this Act or the bylaws otherwise provide, the Executive may by resolution make any rules not contrary to the bylaws regulating the business or affairs of the Association and the occupation as a building official carried on by its members as may be governed by bylaw and any such rule shall be valid, binding and effective from the date of the resolution of the Executive until amended or repealed by an ordinary resolution at an annual, or special meeting of the Association called for the purpose of considering the same.

7(7) No act or thing done in reliance on, or right acquired under or pursuant to, a bylaw that is subsequently repealed or amended shall be prejudicially affected by such repeal or amendment.

8 The Regulations Act does not apply to the Association or any bylaw, rule or resolution made by the Executive or the Association.

9 The Association shall appoint one or more Registrars who shall hold office during the pleasure of the Executive.

PART III

REGISTRATION

10(1) The Registrar shall keep or cause to be kept a register in which shall be entered the name and address of every person who has met, or is in the process of meeting, the qualifications for registration as a qualified, or certified Building Official under this Act and the bylaws and thereby entitled to engage in the occupation of a Building Official in the Province.

10(2) The register may be divided into such parts, as may be prescribed by the Association, in which shall be entered the names and addresses of persons qualified under the bylaws for such classifications, categories and levels of registration as may be prescribed.

10(3) The register shall be open for inspection by any person at the head office of the Association at all reasonable times during regular business hours, free of charge, but any member of the Executive or Committee may refuse any person access to or the privilege of inspecting the said register if there is cause to believe that such person is seeking access or inspection primarily for purposes unrelated to carrying on the occupation of a Building Official.

11 Any person whose name is entered in the register, subject to any conditions, limitations or restrictions set out in the bylaws shall be entitled to engage in the occupation of building inspection in the province, to hold themselves out as a Building Official registered under this Act and to use the designations "CBCO" or "BCQO" indicating that the person is a Member entered on the register of the Association.

12(1) The Registrar shall remove or cause the removal of the name of any person from the register who fails to meet or maintain the qualifications and standards set out by the Association.

12(2) The registration of a Member shall terminate and cease to have effect when his or her name is removed from the register.

13 Any person who was entitled to carry on the occupation of building inspection or entitled to the use of any designation indicating he or she was a member of an association pursuant to the laws governing or concerning the occupation of building inspection in any other jurisdiction and who has been suspended from or otherwise restricted in or disqualified from carrying on such occupation or using any such designation in another jurisdiction by reason of incapacity, misconduct, dishonesty or incompetence shall not be entitled to apply for membership pursuant to the provisions of this Act until such time as the suspension, restriction or disqualification has been removed in the other jurisdiction.

14(1) The Registrar shall issue or cause to be issued annually or at such other times as may be determined by the Executive a certificate of registration or a validation seal to be affixed to a previously issued certificate to persons whose names are entered in the register.

14(2) No person shall be entitled to have his or her name entered in the register or to receive a certificate of registration or a validation seal unless such person

(a) has satisfied the requirements for registration as may be prescribed, and

(b) has paid all applicable prescribed fees.

14(3) Any person whose registration has been subjected to conditions, limited, revoked or suspended shall without demand forthwith deliver his or her registration certificate and all validation seals to the Registrar.

15 A statement certified under the hand of the Registrar respecting the records of the Association or the registration of any person is admissible in evidence in any proceeding as prima facie proof of the facts set out in such certificate relating to the registration of any such person or lack thereof and any conditions or limitation in respect of the registration of any such person.

16 An applicant for registration who

(a) fulfils the requirements prescribed,

(b) pays the fees prescribed, and

(c) meets such other criteria and has such other qualifications as may be prescribed,

following consideration of the application by a Registrar shall be entitled to become a Member of the Association and to have his or her name entered in the part of the register that the Registrar determines to be appropriate.

PART IV

OFFENCES AND ENFORCEMENT

17 Any person who knowingly furnishes false, or misleading information in or respect of any application made under the Act, the bylaws or rules or in any statement or return required to be furnished under the Act, the bylaws or rules, commits an offence.

18 Except as provided in the Act or the bylaws, no person other than a person whose name is entered in the register shall

(a) publicly or privately, whether or not for hire, gain or hope of reward, hold himself or herself out in any way as being a Building Official, or

(b) assume or use any title, name, designation, initials or description, including "Building Official", "Certified Building Code Official", "Building Code Qualified Official", "CBCO" or "BCQO", and those referred to in this Act, that does or could lead the public to believe that person is a Building Official.

19 A person who violates or fails to comply with section 18 of this Act commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category C offence and is liable on summary conviction to a fine not less than $500 for a first offence; to a fine of not less than $1000 for a second offence; to a fine of not less than $2000 for a third offence or to imprisonment for a term not exceeding six months, or both.

20 Where a Member, former member or any person attempts to do anything contrary to the provisions of this Act or any bylaw or rule made under the authority of this Act, the doing of such thing may be restrained by an injunction of The Court of Queen's Bench of New Brunswick at the instance of the Executive acting in the name of the Association.

21 The Executive 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 or any other person for an offence under this Act shall be commenced after the expiration of one year from the date of the last act that is part of the alleged offence.

22(1) No prosecution by the Association or any other person for an offence under this Act shall be commenced after the expiration of one year from the date of the last act that is part of the alleged offence.

22(2) Where a violation of any provision of this Act continues for more than one day, the offender is guilty of a separate offence for each day that the violation continues.

PART V

DISCIPLINE AND ACTION

23 In this Part "complaint" means any complaint, report or allegation in writing and signed by the complainant regarding the conduct, actions, competence, character, fitness, health or ability of a Member and "Member" includes former member, and any person whose name is or was entered in any register or roster of the Association.

24(1) The Executive shall cause an investigation to be carried out by the Complaints/Discipline Committee of every complaint received, if the complaint in substance alleges that a Member

(a) has been guilty of

(i) misconduct as a Building Official,

(ii) conduct unbecoming a Member, including any conduct that might adversely affect the standing or good name of the occupation of building inspection or the Association,

(iii) incompetence or negligence,

(iv) any conduct in breach of the provisions of this Act, the bylaws or the rules,

(v) dishonesty, or

(vi) any habit rendering him or her unfit or incapable of carrying on the occupation of building inspection, or

(b) is suffering from any ailment or condition rendering him or her unfit or incapable of carrying on an occupation as a building official.

24(2) All complaints against a Member received by the Association or the Executive shall be delivered forthwith by the Registrar to the Chairperson of the Complaints/Discipline Committee and a copy of the same shall immediately be forwarded to the Member.

25(1) The Executive shall maintain a standing committee known as the Complaints/Discipline Committee, which in this section is referred to as the "Committee."

25(2) The Committee shall be composed of members of the Association, none of which shall be a Member of the Executive Committee.

25(3) The quorum, number of Committee members, their terms of office, qualifications and the manner of their appointment shall be established and governed by the bylaws and the bylaws may regulate the powers, procedures, functions and operations of the Committee and may permit the establishment of panels of the Committee to act for and to carry out and exercise all the duties and powers of the Committee.

25(4) The Executive shall appoint one of the members of the Committee to be the Chairperson of the Committee.

25(5) The Committee and the Executive when acting pursuant to Part V, shall conduct its proceedings in accordance with its own rules of procedure and may do all things and engage such persons as it deems necessary including legal counsel to assist it in the consideration and investigation of written complaints or appeals and in no case is the Committee or the Executive bound to follow the technical rules of evidence or procedure applicable in judicial proceedings.

25(6) The Committee shall

(a) consider and investigate all written complaints delivered to it, and

(b) perform such other duties as may be assigned to it by the Executive, the bylaws or the rules.

25(7) The Committee shall

(a) consider written evidence and in this section the term evidence includes any documents which may be presented to the Committee,

(b) consider the written complaint, hear the evidence, ascertain the facts and make a decision with respect to the merits of each complaint as to whether the Member is guilty of a matter described in paragraph 24(1)(a) or is suffering from an ailment or condition described in paragraph 24(1)(b), in such manner as it deems fit,

(c) if the Committee in its absolute discretion, at any time after the receipt of a written complaint deems it necessary or advisable, without hearing, require the Member in respect of whom a written complaint is made to undergo such clinical or other examinations as the Committee may designate in order to determine whether the Member has adequate skill and knowledge to carry on the occupation of building inspection and if the Member fails to undergo any such examination the Committee may without further notice suspend the Member's registration until he or she does so, and

(d) if the Committee in its absolute discretion, at any time after the receipt of a written complaint deems it necessary or advisable, without hearing, require any Member to produce records and documents in his or her possession or custody or under his or her control or in the control or in the possession or custody of any corporation of which he or she is a director, officer or shareholder, and if the Member fails to produce such records and documents, the Committee may suspend the Member's registration until he or she does, unless the Member is prohibited by law from producing such records and documents.

25(8) Any Member against whom a written complaint has been made shall be entitled to the following:

(a) prompt notice that a written complaint has been received by the Committee or that the Executive has caused an investigation to be commenced by the Committee and a copy of the complaint;

(b) copies of all evidence presented to the Committee in writing concerning the complaint, other than privileged documents; and

(c) at least fourteen days' notice of the first meeting of the Committee called to consider the complaint, which notice shall be accompanied by copies of all evidence in writing concerning the complaint, other than the privileged documents then in possession of the Committee, and the opportunity after such notice to submit to the Committee in writing or in person, any explanation, evidence, documents or representation the Member may wish to make concerning the complaint or investigation.

25(9) After reviewing all the evidence presented to it, the Committee may, as part of its decision with respect to the merits of any written complaint,

(a) dismiss the complaint;

(b) order that the Member's registration be suspended for a specific period of time, during which the Member shall have his or her name removed from the register, or any roster in which his or her name may be entered;

(c) order that the Member's registration be suspended pending the satisfaction and completion of such conditions as may be ordered by the Committee;

(d) order that the Member's registration be revoked and the Member shall have his or her name removed from the register, or any roster in which his or her name may be entered;

(e) order that the Member's carrying on in the occupation of building inspection be restricted, pending compliance with stipulated conditions in which case the Committee shall notify the Member's employer, if any, of such decision;

(f) order that conditions or limitations be imposed on the Member's registration and so inform the Member's employer, if any;

(g) issue a reprimand;

(h) impose such fine as the Committee considers appropriate, not exceeding $1,000 to be paid by the Member to the Association for the use of the Association and such fine may be recovered by the Association by civil action for debt;

(i) order that the imposition of any penalty be suspended or postponed for such period of time and upon such terms and conditions as the Committee deems appropriate;

(j) order that the decision of the Committee or notice thereof be published in such a manner as the Committee deems fit;

(k) attempt to resolve informally any complaint if the Committee deems it appropriate; or

(l) make such other order as it deems just, including without limitation, an order combining two or more of the orders set out in paragraphs (a) to (j).

25(10) Before commencing any investigation into any written complaint the Committee may order that security for costs be paid to the Association by the complainant in such amount and on such terms as the Committee may deem just and the Committee shall not be obligated to proceed with any investigation until such security for costs is paid.

25(11) Nothwithstanding any other provision in this Act, if at any time a Member admits any allegation in a written complaint alleging a matter set out in subsection 24(1), and the Member waives in writing the right to any other or further hearing or proceedings pursuant to this Part, the Committee may

(a) agree to cancel all hearings or proceedings and to accept the Member's resignation on such terms and conditions as the Committee may specify, or

(b) make any order, finding or decision that may be made pursuant to subsection 25(9).

26(1) Upon the application of

(a) any party to a hearing by the Complaints/Discipline Committee or Executive,

(b) the Chairperson of the Complaints/Discipline Committee or a member of the Executive, or

(c) counsel for the Association, Complaints/Discipline Committee or Executive,

and on payment of any fees prescribed, the Registrar may sign and issue writs of subpoena and testificandum or subpoena duces tecum in prescribed form for the purpose of procuring and compelling the attendance and evidence of witnesses and the production of things relating to matters in question before the Complaints/Discipline Committee or the Executive.

26(2) The proceedings and penalties in the case of disobedience to any writ of subpoena issued hereunder shall be the same as in the case of disobedience of a Summons to Witness in civil cases in The Court of Queen's Bench of New Brunswick.

26(3) The testimony of witnesses shall be taken under oath or solemn affirmation which any member of the Complaints/ Discipline Committee or the Executive is authorized to administer.

26(4) The burden of proof in all proceedings before the Complaints/Discipline Committee shall be the balance of probabilities.

27 The Registrar may, without hearing, order the suspension of the registration of a Member if the Registrar has reasonable and probable grounds for believing that the Member in question has been convicted of any criminal offense of such kind or type that the Registrar is of the opinion that the continued registration of the Member in question would immediately affect the good name of the Association or the occupation of building inspection and upon the Registrar ordering the suspension the Complaints/ Discipline Committee shall immediately commence an investigation.

28(1) In all proceedings before the Complaints/Discipline Committee or the Executive, acting pursuant to Part VI, the Member against whom a complaint has been made or in respect of whom an investigation has been commenced

(a) may present evidence or make representations in either English or French,

(b) may be represented by legal counsel, at his or her own expense,

(c) shall be entitled, subject to paragraph 32(b), to a full right to examine, cross-examine and re-examine witnesses in accordance with the rules of procedure established by the Committee or the Executive, as the case may be,

(d) shall be entitled to receive copies of all documents presented to the Committee or the Executive in connection with the complaint or investigation, unless such documents are privileged by law,

(e) shall be entitled to at least fourteen days' written notice of the date of the first hearing of the Committee or Executive, and

(f) shall receive prompt notice of a copy of the decision rendered.

28(2) Subsection 22(1) does not apply to any discipline proceeding under Part V or Part VI of this Act.

29 No action shall be brought against a Member or former Member for negligence or breach of contract or otherwise by reason of services requested, given or rendered, except within

(a) two years from the day when, in the matter complained of, such services terminated;

(b) two years after the person commencing the action knew or ought to have known the facts upon which he or she alleges negligence or breach of contract; or

(c) where the person entitled to bring an action is, at the time the cause of action arises, an infant, a mental incompetent, or a person of unsound mind, one year from the date when such person becomes of full age, or of sound mind, or as the case may be, whichever is longer.

PART VI

APPEALS

30(1) If the following occurs where,

(a) a complainant is dissatisfied with a decision of the Complaints/Discipline Committee,

(b) a Member against whom a complaint has been made is dissatisfied with a decision of the Complaints/Discipline Committee, or

(c) an applicant for certification is dissatisfied with a decision of the Education Committee, after such decision has been considered by the Education Committee,

such person may, by serving a written notice of appeal on the Registrar within thirty days of the date on which notice of the said decision is mailed to the last known address of such person, appeal the decision to the Executive.

30(2) Any notice of appeal given under the provisions of this section shall set forth the grounds of appeal and shall state the relief sought.

30(3) There shall be no appeal from any decision, order or finding of the Association, the Registrar, the Executive or any Committee, officer, employee, or agent of the Association or the Executive or any other person or body authorized to make decisions, orders or findings pursuant to the Act, the bylaws or rules, as the case may be, except appeals authorized or mentioned in subsection (1).

31(1) In any appeal under this Act the Registrar shall obtain a transcript or such other record as exists of the evidence presented to the decision-making body from whom the appeal is taken and shall prepare and present to the Executive a record on appeal consisting of the transcript or such other record as exists, all exhibits and the order or other document evidencing the decision being appealed.

31(2) The Registrar shall provide the appellant and any other person entitled by the bylaws to participate in the appeal with a copy of the record on appeal upon payment by the appellant or such other person of the costs and disbursements of producing such copy.

32 On appeal the Executive may

(a) adjourn the proceedings or reserve the determination of the matters before it, for a future meeting of the Executive, and

(b) upon granting special leave, and only where it is shown that such evidence was not previously available, receive further evidence in the same manner and subject to the same rules and procedures as apply to the Complaints/Discipline Committee.

33(1) After reviewing the record on appeal and hearing the evidence or argument presented, the Executive may

(a) draw inferences of fact and make any finding, decision, determination or order, that in its opinion ought to have been made;

(b) vary the decision appealed from;

(c) refer the matter back to the Complaints/Discipline Committee or Education Committee as the case may be, for further consideration and decision;

(d) confirm the decision appealed from; or

(e) make such decision or order as it may deem appropriate.

33(2) Any party to an appeal to the Executive may appeal the decision or order of the Executive by a written notice of appeal on any ground of appeal that involves a question a law alone to the Court within thirty days of the date on which notice of the Executive's decision or order is mailed to the last known address of such party, or within such further time not exceeding ninety days as may be allowed by the Court.

33(3) The notice of appeal shall set forth the grounds for appeal and the relief sought and shall be served upon the Registrar, the Clerk of The Court of Queen's Bench of New Brunswick for the judicial district in which the deliberations of the Executive were held and upon any other party to the proceedings before the Executive.

34(1) The record on appeal to the Court shall be the record on appeal presented to the Executive, a transcript of any new testimony presented to the Executive, any other new evidence or exhibits presented to the Executive and a copy of the decision or order of the Executive.

34(2) The Court may make any order or decision that the Executive may make and may make such order as to costs as may be just.

34(3) The Rules of Court governing civil appeals to the Court of Appeal of New Brunswick which are not inconsistent with this Act shall apply with necessary modifications to appeals to the Court under this Part and the Association shall have standing to appear and participate in any appeals to the Court.

34(4) Notwithstanding that an appeal to the Executive or to the Court may have been instituted in respect of a decision or order, that decision or order shall continue to be valid and binding and no stay of proceedings may be granted prior to the hearing of the appeal.

PART VII

GENERAL

35(1) The Complaints/Discipline Committee, the Executive or, on appeal, the Court may order that the costs of any investigation, proceeding, hearing or appeal pursuant to any provision of this Act be paid to any one or more of the Association or the parties, in whole or in part

(a) by the Member against whom the complaint was made, except where the complaint is completely dismissed without any other decision, finding or order adverse to that Member; or

(b) by the complainant or person at whose request the complaint was made or an investigation was commenced where the Committee, Association or Court is of the opinion that the complaint or investigation was unwarranted; and

may make it a condition of the registration of any Member that such costs be paid forthwith.

35(2) The costs payable under subsection (1) may be taxed by the registrar of The Court of Queen's Bench of New Brunswick as between solicitor and client on filing with the registrar the order as to costs and on payment of any required fees, and in judgment may be entered for such taxed costs on the form prescribed by Schedule "A" of this Act with necessary modifications.

35(3) Before hearing an appeal the Executive or the Court may order that security for costs be paid to the Association by the appellant in such amount and upon such terms as the Executive or the Court may deem just.

35(4) For the purposes of this Act, "costs" include

(a) all costs, expenses, and disbursements and all legal and other expenses of any kind incurred by the Association, the Complaints/Discipline Committee, Education Committee or Executive in relation to an investigation, proceeding, hearing or appeal,

(b) honoraria and expenses paid to members of the Complaints/Discipline Committee, the Education Committee or the Executive in relation to an investigation, proceeding, hearing or appeal, and

(c) the legal costs expenses and disbursements incurred by any other party to an investigation proceeding, hearing or appeal.

36 The Association may act as trustee or custodian of any funds or property that may be committed for any purpose to the care or management of the Association.

37 The Executive or any other committee of the Association thereof may conduct meetings by telephone or other communication facilities in the manner and on the terms and conditions established by the bylaws and the persons participating in a meeting by such means shall be deemed to be present in person at that meeting.

38 A resolution, report, recommendation, decision, finding or order of the Executive or any committee of the Executive or of the Association in writing signed by all Executive Committee Members or persons entitled to vote on such resolution, report, recommendation, decision, finding or order, of signed counterparts thereof, is valid as if passed, enacted, determined or made at a meeting of the Executive or such committee.

39 None of the Executive Committee or any committee thereof, or any member, official, officer, or employee of any of the foregoing bodies shall be liable for any loss or damage of any kind suffered or incurred by any person as a result of anything done or not done, any proceedings taken, or any order made or enforced by it or them in good faith in the administration of or under this Act and the bylaws.

40 Whenever notice is required or permitted to be made or given pursuant to the Act, the bylaws or rules, any such notice shall be deemed to have been received seven days after the mailing by ordinary mail of any such notice to the last known address of the person to whom it is directed.

PART VIII

TRANSITIONAL

41 The name and address of every person who, at the coming into force of this Act, is a Member of the New Brunswick Building Officials Association Inc. pursuant to the bylaws thereof shall be entered in the register in such part as may be designated by the Executive.

42(1) Nothing in the Act shall affect the powers and duties, tenure of office or terms of remuneration of any board member of the Association or any committee appointed before the commencement of this Act, or anything done or suffered, or any right, title or interest acquired before the commencement of this Act, or any legal proceedings or remedy in respect of any such thing, right, title or interest.

42(2) Until repealed, altered or amended pursuant to this Act, and any bylaw, regulation or rule of the Association made or fees prescribed and in force at the commencement of this Act shall notwithstanding any conflict with this Act continue in force and have effect as if made under this Act.

PART IV

EXEMPTIONS

43 Nothing in this Act applies to, or prevents

(a) the practice of engineering 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, or

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

SCHEDULE "A"

IN THE COURT OF QUEEN'S BENCH OF NEW BRUNSWICK

JUDGMENT

(The Complaints/Discipline Committee, the Executive, or the Court as the case may be) having on the day of A.D. 20, ordered that A.B. pay the costs of on an investigation, proceeding, hearing or appeal of a complaint made by C.D.(or that C.D. pay the costs of on an investigation, proceeding, hearing or appeal of a complaint made by the said C.D.); and

The costs including disbursements of (A.B. or C.D. or as the case may be), having been taxed by the Registrar of The Court of Queen's Bench of New Brunswick on the day of , A.D. 20;

It is this day adjusted that A.B. or C.D. or (as the case may be) recover from A.B. or C.D. the sum of $.

DATED this day of , 20.

 

_______________________________

Registrar,

The Court of Queen's Bench of New Brunswick