Bylaws

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BRITISH COLUMBIA INSTITUTE OF AGROLOGISTS
BYLAWS Adopted May 12, 2004

TABLE OF CONTENTS

Bylaw 01 Definitions
Bylaw 02 Membership
Bylaw 03 Institute meetings
Bylaw 04 Balloting by members
Bylaw 05 Election of council and meetings of council
Bylaw 06 Officers
Bylaw 07 Executive committee and other committees
Bylaw 08 Branches
Bylaw 09 Fees and financial management
Bylaw 10 Articling programme
Bylaw 11 Contested registrations and reinstatements
Bylaw 12 Code of ethics
Bylaw 13 Standards of competence
Bylaw 14 Continuing professional development
Bylaw 15 Practice audits
Bylaw 16 Practice reviews
Bylaw 17 Complaint procedures and conduct and discipline proceedings
Bylaw 18 Transitional, effective date and amendment

Bylaw 01 Definitions
01.01 Unless these bylaws otherwise provide, words in these bylaws shall have the meaning set out in section 1 of the Agrologists Act.
01.02 In these bylaws:
01.02.01 accredited university means a university which council, on the advice of the credentials committee, has determined shall be an accredited university for purposes of these bylaws;
01.02.02 councillor means any person who is a member of council;
01.02.03 institute meeting means a general meeting of members of the institute;
01.02.04 lay councillor means a member of council appointed pursuant to section 8(2) of the Agrologists Act.
01.02.05 officer means the registrar, the executive director and all members of council;
01.02.06 British Columbia university means a university as defined in the College and Institute Act R.S.B.C. 1996 chapter 52;
01.02.07 British Columbia university college means a university college as defined in the College and Institute Act R.S.B.C. 1996 chapter 52.

Bylaw 02 Membership
02.01 A person is a member in good standing of the institute upon being registered by the registrar in one of the categories of members.

Categories of members
02.02 The institute is made up of the following categories of members:
02.02.01 Professional agrologists;
02.02.02 Articling agrologists;
02.02.03 Student members;
02.02.04 Retired agrologists;
02.02.05 Non-practicing agrologists;
02.02.06 Honorary agrologists.

Registration as a member
02.03 Unless otherwise directed by the council, the registrar shall register as a member an applicant:
02.03.01 who has paid all fees for registration or reinstatement; and
02.03.02 who has delivered to the registrar a copy of the code of ethics endorsed by the applicant; and
02.03.03 whose application for registration or reinstatement as a professional agrologist has been granted by or on behalf of council or by an registration hearing panel; or
02.03.04 whose application for registration as an articling agrologist has been granted by or on behalf of council or by an registration hearing panel; or
02.03.05 whose application for registration as a student member, retired agrologist, non-practicing agrologist or honorary agrologist has been granted by or on behalf of council.

Indictable offences
02.04 If an applicant is convicted of an indictable offence, council may summarily reject the applicant's application.
02.05 If a member is convicted of an indictable offence, council may summarily suspend or rescind the membership of the member.

Payment of fees
02.06 If a member fails to pay the annual membership fee prior to February 15 of the year in respect of which the annual membership fee is payable, a late fee will apply in addition to the annual membership fee and if a member fails to pay the annual membership fee plus the late fee prior to April 1 of the year in respect to which the annual membership fee is payable the registrar shall remove the member from the register of members.
02.07 An applicant for reinstatement who has been removed from the register of members for non-payment of fees shall, as a condition of reinstatement, pay the fees for the year in respect of which the applicant failed to pay fees and the fee for the year in respect of which the applicant seeks reinstatement, plus a reinstatement fee as determined by Council.
2.08 A member who has been removed from the register of members for non-payment of fees who has not applied for reinstatement within three years of removal shall not be eligible for reinstatement as described under section 02.11, but shall be required to re-apply for registration in the institute.

Application process
02.09 Persons seeking registration or reinstatement as a professional agrologist, registration as an articling agrologist or registration as a student member, retired agrologist, non-practicing agrologist or in additional categories as determined by Council shall deliver an application to the registrar.
02.10 The registrar shall refer all applications to the credentials committee for review.
02.11 Subject to section 02.08 and to section 02.32, if the credentials committee concludes that an applicant meets the requirements and procedures for registration or reinstatement as a professional agrologist or for registration as an articling agrologist, the chair of the credentials committee, or a member of the credentials committee named by the chair, shall grant the application on behalf of council.
02.12 If the credentials committee concludes that an applicant meets the
requirements and procedures for registration as a student member, retired agrologist, non-practicing agrologist, honorary agrologist or in additional categories as determined by Council, the chair of the credentials committee, or a member of the credentials committee named by the chair, shall grant the application on behalf of council.
02.13 If the credentials committee concludes that an applicant does not meet the requirements and procedures for registration or reinstatement as a professional agrologist or for registration as an articling agrologist the chair of the credentials committee, or a member of the credentials committee named by the chair, shall refer the application to council with recommendations from the credentials committee.
02.14 If the credentials committee has referred an application to council, the registrar shall notify the applicant of the referral and of the recommendations from the credentials committee and shall deliver to the applicant a copy of bylaw 11, contested registrations and reinstatements.

Registration as a professional agrologist
02.15 The requirements for registration or reinstatement as a professional agrologist shall include the following:
02.15.01 a four year agricultural degree from an accredited university; or
02.15.02 a four year degree from an accredited university with agricultural sciences coursework as approved by the credentials committee; or
02.15.03 a graduate degree from an accredited university in agricultural sciences or in a related discipline as approved by the credentials committee; and
02.15.04 successful completion of the institute's articling agrologist programme; or
02.15.05 designation as a professional agrologist by a provincial institute which is a member of the Agricultural Institute of Canada or by l'Ordre des Agronomes du Quebec; and
02.15.06 such other requirements as council shall determine.

Registration as an articling agrologist
02.16 The requirements for registration or reinstatement as an articling agrologist shall include the following:
02.16.01 a four year agricultural degree from an accredited university; or
02.16.02 a four year degree from an accredited university with agricultural sciences coursework as approved by the credentials committee; or
02.16.03 a graduate degree from an accredited university in agricultural sciences or in a related discipline as approved by the credentials committee, and
02.16.04 such other requirements as council shall determine.

Registration as a student member
02.17 The requirements for registration as a student member shall include the following:
02.17.01 registration in a program leading to a four year degree or a graduate degree in agriculture from a British Columbia university or British Columbia university college; and
02.17.02 such other requirements as council shall determine.
Registration as a retired or non-practicing agrologist
02.18 The requirements for registration as a retired agrologist or non-practicing agrologist shall include the following:
02.18.01 designation as a professional agrologist prior to the date of the application;
02.18.02 a declaration in a form prescribed by the registrar that the applicant is no longer practicing agrology and does not intend to practice agrology; and
02.18.03 such other requirements as council shall determine.

Registration as an honorary agrologist
02.19 The requirements for registration as an honorary agrologist shall be designation by council as an honorary agrologist for life or for such shorter period of time as council shall determine.

Rights and obligations of members
02.20 Members in good standing shall be eligible to vote and to hold office in the institute.
02.21 The registrar shall issue to each professional agrologist an annual certificate of registration as a member of the institute and of registration as a professional agrologist after the registrar:
02.21.01 has received payment of all applicable fees;
02.21.02 has received a declaration of the professional agrologist's professional development activities for the year prior to the date on which the professional agrologist prepared the statement; and
02.21.03 has received in a form prescribed by the registrar a statement of the professional agrologist's declared area(s) of practice of agrology.
02.22 A professional agrologist shall be entitled to use the title "Professional Agrologist" or the designation "P.Ag."
02.23 A professional agrologist shall be entitled to obtain a seal in a form authorized by the institute and to affix the seal to any document signed by the professional agrologist.
02.24 A seal in a form authorized by the institute is and remains the property of the institute even if the seal was not obtained or paid for by the institute.
02.25 The registrar shall issue to each articling agrologist an annual certificate of registration as a member of the institute after the registrar:
02.25.01 has received payment of all applicable fees;
02.25.02 has received a declaration of the articling agrologist's professional development activities for the year prior to the date on which the articling agrologist prepared the statement; and
02.25.03 has received in a form prescribed by the registrar a statement of the professional agrologist's declared area(s) of practice of agrology.
02.26 An articling agrologist shall be entitled to use the title "Articling Agrologist"
or the designation "A.Ag."
02.27 Professional agrologists and articling agrologists shall be subject to:
02.27.01 continuing professional development guidelines and policies;
02.27.02 practice audits;
02.27.03 practice reviews;
02.27.04 complaint procedures; and
02.27.05 conduct and discipline procedures.
02.28 The registrar shall issue to each student member, retired agrologist, non-practicing agrologist or honorary agrologist or to members in any additional categories as authorized by council an annual certificate of registration as a member of the institute after the registrar has received payment of all applicable fees.
02.29 A retired agrologist shall be entitled to use the
title "Professional Agrologist (Retired)" or the designation "P.Ag. (Ret)";

Resignation as a member
02.30 To resign in good standing from membership in the institute, a member shall deliver a resignation in writing to the registrar.
02.31 An application for reinstatement by a member who has resigned in good standing may be made within three years of the resignation date upon payment of the fees for the year in respect of which the applicant seeks reinstatement without requirement for payment of a reinstatement fee.
02.32 A member who has resigned in good standing who has not applied for reinstatement within three years of the resignation date may not be eligible for reinstatement as described in section 02.31, but may be required to re-apply for registration in the institute.

Certificates and seals on ceasing to be a member
02.33 All annual certificates issued by the registrar remain the property of the institute in the year of issue.
02.34 A person whose membership in the institute has been suspended or who for any other reason ceases to be a member in good standing of the institute may be required to deliver to the registrar any annual certificate issued by the registrar and any seal in a form authorized by the institute.

Bylaw 03 Institute Meetings
Categories of institute meetings
03.01 Institute meetings shall be:
03.01.01 the annual general meeting which shall be held no later than July 31 in each calendar year; or
03.01.02 a general meeting called by the council of its own motion; or
03.01.03 a special general meeting called by the council pursuant to s. 11(4) of the Agrologists Act on the written request of 50 members or of 5 councillors.

Notices of institute meetings
03.02 Institute meetings shall be held on the date and at the time and place designated by council.
03.03 At least 14 clear days before the date set for an institute meeting, the registrar shall give written notice of the institute meeting stating the date, place and time of the institute meeting.
03.04 Notice shall be deemed valid if:
03.04.01 mailed by regular mail to each member at the member's last known address recorded in the institute's files; or
03.04.02 for those members who have provided the institute with an electronic mail address, transmitted by electronic mail to each member at the member's last known electronic mail address in the institute's files.
03.05 If a quorum is present at an institute meeting, notice shall be deemed valid even if a member or members did not receive notice mailed by regular mail or transmitted by electronic mail.

Conduct of institute meetings
03.06 The quorum for an institute meeting shall be 25 members.
03.07 A member must be personally present to be counted present at an institute meeting.
03.08 The president shall chair all institute meetings except that if the president is absent or is unable or unwilling to chair an institute meeting, the president-elect shall chair the institute meeting.
03.09 If both the president and the president-elect are absent or are unable or unwilling to chair an institute meeting, the members present may choose a suitable person to chair the institute meeting.
03.10 The person chairing an institute meeting shall appoint a person present at the institute meeting to record the minutes of the institute meeting.
03.11 Institute meetings shall be conducted according to Robert's Rules of Order except where modified within these bylaws.
03.12 The business conducted at all institute meetings shall commence with a call to order, a confirmation of the number of members present, and a confirmation of the presence of a quorum.
03.13 The business conducted at the annual general meeting shall include:
03.13.01 adoption of minutes of the previous annual general meeting;
03.13.02 adoption of the audited annual financial statements;
03.13.03 determination of annual membership fees;
03.13.04 appointment of auditors;
03.13.05 receipt of council election results;
03.13.06 any other business specified in the notice of the annual general meeting.

Voting at institute meetings
03.14 A member must be personally present to vote at an institute meeting.
03.15 If notice of a resolution was included in the notice of the institute meeting, the majority required for approval of the resolution, and any amendments to it, shall be one half of the number of members confirmed as present at the commencement of the meeting plus at least one additional member.
03.16 If notice of a resolution was not included in the notice of the institute meeting, the majority required for approval of the resolution, and any amendments to it, shall be two-thirds of the number of members confirmed as present at the commencement of the meeting plus at least one additional member.
03.17 The council may implement any resolution approved at an institute meeting.
03.18 As provided in section 12(1) of the Agrologists Act, a resolution of an institute meeting is not binding on the council unless approved by a referendum of members pursuant to section 12 of the Agrologists Act.
03.19 If council has not substantially implemented a resolution of an institute meeting within 4 months following the institute meeting at which the resolution was adopted, and if at least 50 members request in writing a referendum on the resolution, council shall conduct a referendum.
03.20 Subject to section 12(4) of the Agrologists Act, a resolution put to a referendum is binding on council if one half of all members vote in the referendum and if two thirds of those voting vote in favour of the resolution.
03.21 Council must not implement a resolution if to do so would constitute breach of a statutory duty.

Bylaw 04 Balloting by members
04.01 Council shall cause ballots of members for the following matters:
04.01.01 election of the president-elect;
04.01.02 referenda pursuant to section 12 of the Agrologists Act and these bylaws;
04.01.03 at the discretion of council, ratification of bylaws and amendments to bylaws;
04.01.04 such other matters as council shall decide.
04.02 The registrar or such other person as council shall appoint shall act as returning officer for the ballot.
04.03 The returning officer shall establish the voters list which shall include the names of all members of the institute as of a date designated by council which date shall be no more than 30 days before the deemed mailing date for all ballots.
04.04 Ballots shall be in such form as the returning officer determines, and shall be:
04.04.01 mailed by regular mail to each member at the member's last known address recorded in the institute's files; or
04.04.02 for those members who have provided the institute with an electronic mail address, transmitted by electronic mail to each member at the member's last known electronic mail address in the institute's files.
04.05 Ballots shall be mailed and shall be transmitted by electronic mail on the same day, which day shall be the deemed mailing date for all ballots.
04.06 Subject to direction by council, the returning officer shall designate a date and time by which returned ballots must be in the hands of the returning officer to be counted, with the designated date to be no less than 30 days from the deemed mailing date for all ballots.
04.07 The returning officer shall take such steps as are required to assure the following:
04.07.01 only the ballots of members on the voters list are counted;
04.07.02 only ballots received prior to the designated date and time for receipt of ballots are counted;
04.07.03 ballots are counted and are tabulated accurately;
04.07.04 ballots are counted in the presence of the returning officer, of such other persons as the returning officer may require to assist with counting, and of such scrutineers as the returning officer determines will generate confidence in the integrity of the balloting; and 04.07.05 the integrity and secrecy of the ballot process is maintained.
04.08 When the result of a ballot is known, the returning officer shall inform council which shall then cause the result to be published to the members as soon as is possible.

Bylaw 05 Election of council and meetings of council

Composition of council
05.01 The council shall consist of the following councillors:
05.01.01 the president;
05.01.02 the president-elect;
05.01.03 the immediate past president;
05.01.04 up to 3 lay councillors appointed pursuant to section 8(2) of the Agrologists Act;
and
05.01.05 8 additional councillors, with one councillor from each branch.

Election of president-elect
05.02 Except for lay councillors appointed pursuant to section 8(2) of the Agrologists Act, all councillors must be members of the institute.
05.03 The president-elect shall be elected as follows:
05.03.01 prior to December 31 of the calendar year preceding the year in which the term of office of the president-elect will commence, a member wishing to nominate a candidate for the office of president-elect must deliver to the registrar a nomination in writing which includes the following:
05.03.01.01 the signature of the candidate indicating consent to the nomination;
05.03.01.02 the signatures of five members of the institute indicating support for the nomination of the candidate;
05.03.01.03 a brief biography of the candidate; and
05.03.01.04 a brief statement of reasons why the candidate seeks the office of president-elect.
05.04 If the registrar receives only one valid nomination, the registrar shall report to the council that no ballot is required, and council shall declare the candidate elected by acclamation.
05.05 If the registrar receives more than one valid nomination, the registrar shall report to the council that a ballot is required and council shall:
05.05.01 designate or confirm the date of the annual general meeting;
05.05.02 designate a date and time no later than the close of the annual general meeting as the date and time by which returned ballots must be in the hands of the returning officer to be counted;
05.05.03 cause a ballot of members to be carried out; and
05.05.04 cause the returning officer to mail or transmit with the ballots the biography and the statement of each candidate.
05.06 When the result of the ballot is known, the returning officer shall inform council which shall cause the result to be published to all members of the institute as soon as is possible.

Election of councillors by branches
05.07 Councillors other than the president, president-elect, immediate past president and lay councillors appointed pursuant to section 8(2) of the Agrologists Act shall be elected as follows:
05.07.01 for terms of office commencing in even years, one councillor shall be elected by each of the Fraser Valley, Victoria and the Islands, Peace River and Okanagan branches;
05.07.02 for terms of office commencing in odd years, one councillor shall be elected by each of the Vancouver, Kamloops, Kootenay Boundary, and Cariboo Central Interior branches;
05.07.03 elections shall be held no earlier than October 1 of the year prior to the year in which the term of office is to commence and no later than March 1 of the year in which the term of office is to commence;
05.08 Each branch shall determine election procedures providing always that the branch shall take steps to assure that:
05.08.01 all members of the institute who are members of the branch have adequate notice that an election is required;
05.08.02 all members of the institute who are members of the branch have adequate opportunity to nominate candidates and to be nominated;
05.08.03 all members of the institute who are members of the branch have adequate notice of the method of balloting, of the date and time by which ballots must be received, and of the place where ballots must be received;
05.08.04 only the ballots of members of the institute who are members of the branch are counted;
05.08.05 only ballots received prior to the designated date and time for receipt of ballots are counted;
05.08.06 ballots are counted and are tabulated accurately;
05.08.07 ballots are counted in the presence of neutral persons and in the presence of such scrutineers as will generate confidence in the integrity of the balloting; and
05.08.08 the integrity and secrecy of the ballot process is maintained.
05.09 When the result of the ballot is known, the president of the branch shall inform council which shall cause the results to be published to all members of the institute as soon as is possible.
05.10 If a member disputes the election process of a branch, council may direct the branch to take such remedial steps as council thinks are required.

Terms in office
05.11 The president-elect shall serve three terms as follows:
05.11.01 as president-elect: from the conclusion of the annual general meeting in the year in which the president-elect is elected until the conclusion of the annual general meeting in the subsequent year;
05.11.02 as president: from the conclusion of the annual general meeting in that subsequent year until the conclusion of the annual general meeting in the second subsequent year;
05.11.03 as immediate past president: from the conclusion of the annual general meeting in that second subsequent year until the conclusion of the annual general meeting in the third subsequent year.
05.12 Lay councillors appointed pursuant to section 8(2) of the Agrologists Act shall serve for terms of office as specified by the minister.
05.13 Councillors elected by branches shall serve two terms as follows:
05.13.01 a first term from the conclusion of the annual general meeting in the year in respect of which the councillor is to commence his term until the end of the annual general meeting in the subsequent year;
05.13.02 a second term from the conclusion of the annual general meeting in that subsequent year until the conclusion of the annual general meeting in the second subsequent year.

Vacancies
05.14 If a vacancy occurs in the office of president, the vacancy shall be filled by the president-elect for the unexpired term of the vacancy, or, if the president-elect is unable or unwilling to fill the vacancy or if the office of president-elect is vacant, council shall fill the vacancy by majority vote of council or by ballot of all members.
05.15 If a president-elect fills a vacancy in the office of president, the president-elect nevertheless shall serve as president for the term for which that president-elect was elected by the members.
05.16 If a vacancy occurs in the office of president-elect, council shall fill the vacancy in the office of president-elect by majority vote of council or by ballot of all members.
05.17 If a vacancy occurs in the office of a councillor elected by a branch, the branch shall fill the vacancy by appointment by the president of the branch or by election.

Term limits
05.18 A member who has at any time been elected as president-elect and who has served as president may not thereafter be a candidate for election as president-elect, subject always to these provisions:
05.18.01 a member who has been elected as president-elect and who has served as president may be appointed or elected to fill a vacancy as president;
05.18.02 a member who has been elected as president-elect and who has served as president may be appointed or elected to fill a vacancy as president-elect;
05.18.03 a member who has been appointed or elected to fill a vacancy as
president-elect but who has not served as president may thereafter be a candidate for election as president-elect;
05.18.04 a member who has served as president-elect or president may be a candidate for election as a councillor elected by a branch.
05.19 After serving six consecutive terms as a councillor elected by any branch, a member may not be a candidate for election as a councillor from any branch for a period of two terms.

Resignation from office
05.20 To resign from office, councillors other than lay councillors appointed pursuant to section 8(2) of the Agrologists Act shall deliver a resignation in writing to the president or to the registrar.

Removal from office
05.21 Councillors other than lay councillors appointed pursuant to section 8(2) of the Agrologists Act may be removed from office by resolutions at two successive meetings of council providing the resolutions are each approved by a majority of two-thirds of the members of council present at the time each vote is taken.
05.22 A councillor who is elected by a branch may be removed from office by resolutions at two successive meetings of members of the institute who are members of the branch providing the resolutions are each approved by a majority of two-thirds of the members present at the time each vote is taken.

Meetings of council
05.23 Meetings of council shall be subject to the following provisions:
05.23.01 council shall meet on dates and at times and places set by the president;
05.23.02 council shall meet four times per year unless otherwise determined by the president;
05.23.03 a quorum for meetings of council shall be 5 councillors;
05.23.04 notice of a meeting of council shall be delivered to councillors not less than 14 days before the date of the meeting;
05.23.05 if the president designates a meeting of council as an emergency meeting, notice of that emergency meeting shall be sufficient if delivered to councillors not less than 3 days before the date of the meeting;
05.23.06 notice of a meeting of council may be waived;
05.23.07 upon the request in writing of 7 councillors, the president shall set a time, place and date for a meeting of council which date shall be no later than 21 days after receipt of the request in writing;
05.23.08 councillors may participate in meetings of council by telephone if appropriate technology is available;
05.23.09 all questions at meetings of council shall be decided by majority vote of councillors participating in the meeting.
05.24 If three-quarters of the councillors in writing (including by e- mail) agree to make a decision without a meeting and if one-half of the councillors plus at least one additional councillor in writing (including by e- mail), vote in favour of a resolution, the resolution shall have full force without a meeting of council.

Expenses of councillors and officers
05.25 Councillors and other officers who incur expenses on business of the institute may receive traveling and other expenses as shall be determined by the council.

Bylaw 06 Officers

President
06.01 The president shall preside at institute meetings, meetings of council, and meetings of the executive committee and shall:
06.01.01 be an ex-officio member of all committees;
06.01.02 after consultation with the relevant committee chair, appoint members of committees as required.

President-elect
06.02 The president-elect shall assume the duties of president in the president's absence or at the request of the president, shall be a member of the executive committee, and shall assume additional duties at the request of the president and council.

Immediate past president
06.03 The immediate past president shall be a member of the executive committee and shall assume additional duties at the request of the president and council.

Treasurer
06.04 The treasurer shall be elected by majority vote from among the councillors and
06.04.01 shall cease to be treasurer upon ceasing to be a councillor;
06.04.02 while a councillor, shall serve as treasurer for so long as council shall determine;
06.04.03 shall be a member of the executive committee; and
06.04.04 shall carry out all functions normally associated with being treasurer.

Executive director
06.05 The executive director shall be appointed by council on such terms as council shall decide and shall perform such duties as council may prescribe, including:
06.05.01 participating in institute meetings, meetings of council and meetings of the executive committee;
06.05.02 providing leadership in respect of planning and development of strategy;
06.05.03 supervising staff and providing leadership to staff;
06.05.04 fostering communications both within the institute and to other professional organizations, governments, and the public at large; and 06.05.05 ensuring compliance by the institute with all relevant legislation and regulations and in particular with the Agrologists Act and these bylaws.

Registrar
06.06 The registrar shall be appointed by council on such terms as council shall decide and shall perform such duties as council may prescribe, including:
06.06.01 carrying out all responsibilities of the registrar as set out in the Agrologists Act; and
06.06.02 carrying out all responsibilities of the registrar as set out in these bylaws.

Bylaw 07 Executive committee and other committees

Standing committees
07.01 Standing committees of the institute shall be the following:
07.01.01 executive committee;
07.01.02 credentials committee;
07.01.03 professional practice committee;
07.01.04 conduct and discipline committee; and
07.01.05 communications committee.

Additional committees
07.02 Council may establish additional standing committees and set terms of reference for such additional standing committees.
07.03 Council may establish special committees, task forces or other work groups and set terms of reference for such committees, task forces or work groups.

Executive committee
07.04 The executive committee shall be subject to the following provisions:
07.04.01 the executive committee shall consist of the president, president-elect, immediate past president, and treasurer as voting members and the executive director as a non- voting member;
07.04.02 the initial terms of reference of the executive committee shall be those set out in appendix A to these bylaws; and
07.04.03 council may from time to time amend the terms of reference of the executive committee.

Credentials committee
07.05 The credentials committee shall be subject to the following provisions:
07.05.01 at least one member of the credentials committee shall be a councillor;
07.05.02 the chair shall be a councillor or member of the institute appointed by the council;
07.05.03 the other members shall be two or more councillors or members of the institute appointed by the president after consultation with the chair;
07.05.04 unless council shall otherwise decide, the terms of office for the chair and for the other members shall be until the conclusion of the annual general meeting next following appointment to the committee;
07.05.05 the purposes of the credentials committee shall be to ensure new members admitted to the institute meet the qualification requirements of the institute, to oversee the articling agrologist programme and to put in place an examination process for articling agrologists;
07.05.06 the initial terms of reference of the credentials committee shall be those set out in appendix A to these bylaws; and
07.05.07 Council may from time to time amend the terms of reference of the credentials committee.

Professional practice committee
07.06 The professional practice committee shall be subject to the following provisions:
07.06.01 at least one member of the professional practice committee shall be a councillor;
07.06.02 the chair shall be a councillor or member of the institute appointed by the council;
07.06.03 the other members shall be three more councillors or members of the institute appointed by the president after consultation with the chair;
07.06.04 unless council shall otherwise decide, the terms of office for the chair and for the other members shall be until the conclusion of the annual general meeting next following appointment to the committee;
07.06.05 the purposes of the professional practice committee shall be to develop professional guidelines and policies, including annual reporting protocols, to develop peer review and practice review audit procedures, to foster continuing education and professional development, to develop standards of competence and expertise for specialized areas of practice, and to update the institute's Code of Practice and Standards of Professional Conduct;
07.06.06 the initial terms of reference of the professional practice committee shall be those set out in appendix A to these bylaws; and
07.06.07 Council may from time to time amend the terms of reference of the professional practice committee.

Conduct and discipline committee
07.07 The conduct and discipline committee shall be subject to the following provisions:
07.07.01 one member but no more than one member of the conduct and discipline committee shall be a councillor;
07.07.02 the chair shall be appointed by council and shall be a member of the institute who is not a councillor;
07.07.03 the other member or members of the conduct and discipline committee shall be members of the institute appointed by the president after consultation with the chair;
07.07.04 unless council shall otherwise decide, the terms of office for the chair and for the other members shall be until the conclusion of the annual general meeting next following appointment to the committee;
07.07.05 the purposes of the conduct and discipline committee shall be to take appropriate action in response to complaints, and to oversee and when appropriate to conduct discipline proceedings and discipline hearings so as to enable the institute to comply with its statutory obligations under the Agrologists Act in the matter of protecting the public;
07.07.06 the initial terms of reference of the conduct and discipline committee shall be those set out in appendix A to these bylaws; and
07.07.07 council may from time to time amend the terms of reference of the conduct and discipline committee.

Communications committee
07.08 The communications committee shall be subject to the following provisions:
07.08.01 at least one member of the communications committee shall be a councillor;
07.08.02 the chair shall be a councillor or a member of the institute who is not a councillor and shall be appointed by the council;
07.08.03 the other members shall be three or more councillors or members of the institute appointed by the president after consultation with the chair;
07.08.04 unless council shall otherwise decide, the terms of office for the chair and for the other members shall be until the conclusion of the annual general meeting next following appointment to the committee;
07.08.05 the purpose of the communications committee is to increase the visibility of the institute in the public and with its own members and to work closely with members of the institute to ensure information from the institute is prepared on agricultural issues which require attention;
07.08.06 the initial terms of reference of the communications committee shall be those set out in appendix A to these bylaws; and
07.08.07 council may from time to time amend the terms of reference of the communications committee.

Bylaw 08 Branches
08.01 The institute shall have 8 branches as follows:
08.01.01 Cariboo Central Interior
08.01.02 Fraser Valley
08.01.03 Kamloops
08.01.04 Kootenay Boundary
08.01.05 Okanagan
08.01.06 Peace River
08.01.07 Vancouver
08.01.08 Victoria and the Islands

Branch constitutions
08.02 Each branch shall provide itself with a constitution which shall take effect upon ratification by the council and which shall include among its provisions the following:
08.02.01 all provisions of the branch constitution shall be congruent with the Agrologists Act and these bylaws;
08.02.02 the branch shall register as a member of the branch any member of the institute who applies to become a member of the branch and who is not a member of any other branch;
08.02.03 the branch shall have an executive elected by the members of the branch consisting of the president of the branch, the councillor elected by the branch and at least one other member of the branch elected by the members of the branch;
08.02.04 members of the branch shall elect a councillor as required by bylaw 05 election of council and meetings of council;
08.02.05 the fiscal year for the branch shall be November 1 to October 31;
08.02.06 all funds and all other assets administered by the branch shall remain the property of the institute and shall be subject to directions from council;
08.02.07 no later than 4 weeks after the annual general meeting of the branch, the president of the branch shall deliver to the registrar a copy of approved financial statements and full details of the amount and location of all financial assets administered by the branch.

Branch annual general meeting committee
08.03 If council requests a branch to host the annual general meeting of the institute and if the branch agrees to host the annual general meeting of the institute, the branch shall form an annual general meeting committee to provide support to council in organizing and conducting the annual general meeting.

Bylaw 09 Fees and financial management

Fiscal Year
09.01 The fiscal year of the institute shall be January 1 to December 31.

Financial management
09.02 The council shall:
09.02.01 cause accounts to be kept of sums received and expended by the institute and of the assets and liabilities of the institute;
09.02.02 cause an operating statement and a balance sheet to be prepared annually and to be audited annually by accountants appointed by the members at the annual general meeting;
09.02.03 cause the operating statement and the balance sheet as audited to be presented to the members at the annual general meeting;
09.02.04 provide a proposal to the annual general meeting regarding the annual membership fees for the subsequent fiscal year;
09.02.05 cause dispatch before January 1 of notices of annual membership fees and shall cause prompt dispatch of reminders thereafter;
09.02.06 determine fees for registration and reinstatement of professional agrologists, for registration and reinstatement of articling agrologists, and for penalties and shall determine such other fees, penalties, assessments and levies as the council may consider appropriate; and
09.02.07 determine the portion of annual membership fees which the council provides to branches.

Inspection by members
09.03 Subject to directions of council, the registrar shall enable any member of the institute to inspect any account or book or financial document of the institute.
09.04 If a member disagrees with a direction of council or with any decision of the treasurer concerning inspection, and if the member requests the matter be brought before an institute meeting, the council shall include the matter on the agenda of the next institute meeting.
09.05 If the member delivers to the registrar in a sufficiently timely way a copy of a proposed motion regarding inspection, the council shall cause notice of the proposed motion to be included in the notice for the next institute meeting.

Bylaw 10 Articling program
10.01 On the advice of the credentials committee, council may:
10.01.01 establish maintain or endorse an education program for articling agrologists;
10.01.02 establish requirements for professional agrologists to act as mentors or supervisors of articling agrologists;
10.01.03 stipulate the duties of a professional agrologist who acts as a mentor or supervisor of an articling agrologist;
10.01.04 stipulate the duties of an articling agrologist with respect to the mentor of that articling agrologist;
10.01.05 establish additional educational or other requirements for registration as a professional agrologist or as an articling agrologist; and
10.01.06 determine whether or not a university shall be an accredited university for purposes of these bylaws.

Period of time for articling
10.02 The credentials committee shall determine the period of time for which an articling agrologist shall remain registered prior to being eligible for professional agrologist status and shall determine:
10.02.01 whether the period of time should be other than two years; and
10.02.02 if so, what the period of time shall be.
10.03 In making determinations as to the period for which an articling agrologist shall remain registered, the credentials committee shall consider:
10.03.01 academic background;
10.03.02 relevant professional experience;
10.03.03 relevant work experience;
10.03.04 progress as an articling agrologist in meeting requirements; and 10.03.05 mastery of the code of ethics and standards of competence.

Examinations of articling agrologists
10.04 The chair of the credentials committee shall take all appropriate steps to cause an appropriate examination process to be put in place for articling agrologists.
10.05 Subject to direction by the council, and in consultation with the members of the credentials committee, the chair of the credentials committee shall appoint boards of examiners as required to ensure an appropriate examination process is in place for articling agrologists.
10.06 The chair of the credentials committee may appoint members of the boards of examiners from among members of the institute or from among suitable persons who are not members of the institute.
10.07 The boards of examiners shall set examinations, supervise the writing of examinations, conduct oral examinations, mark and otherwise evaluate completed examinations and provide the credentials committee with the examination results of each examinee and with a recommended determination in respect of each examinee.

Registration as an Articling Agrologist or Professional Agrologist
10.08 The credentials committee shall refer to council its determinations and recommendations regarding an application for registration as an articling agrologist or professional agrologist.
10.09 Upon receipt of the recommendations of the credentials committee regarding an application for registration as an articling agrologist, including any recommendations for additional educational requirements and any recommendations regarding the period of time for articling, and upon receipt of recommendations regarding registration of an applicant as a professional agrologist, council may:
10.09.01 confirm the determination of the credentials committee or the board of examiners; or
10.09.02 require the credentials committee or the board of examiners to change the determination of the credentials committee or the board of examiners as council shall determine; or
10.09.03 refer the recommendations to the credentials committee or the board of examiners for reconsideration of the determination and for a final determination.

Bylaw 11 Contested registrations and reinstatements
11.01 If an applicant to become an articling agrologist or professional agrologist disagrees with a determination of the credentials committee as to registration, additional educational requirements, and/or the period for which an articling agrologist shall remain registered, or disagrees with a determination of a board of examiners and if the applicant makes an application to council for a revised determination, council shall, upon review:
11.01.01 grant the application; or
11.01.02 grant the application subject to conditions or limitations to which the applicant consents in writing; or
11.01.03 reject the application.
11.02 If council rejects the application and if no later than 30 days after receipt of notice of the rejection the applicant requests a registration hearing by panel, council shall order a registration hearing by a panel.
11.04 Upon issuance of the order for a registration hearing by a panel, the executive committee in consultation with the chairs of the credentials committee, the professional practice committee, and the conduct and discipline committee, shall appoint a registration hearing panel of three professional agrologists who are not members of the credentials committee and who are not members of council.
11.05 In proceedings before the registration hearing panel the institute shall be the respondent.
11.06 Council may appoint a person to represent the institute in proceedings.
11.07 The registration hearing panel shall cause the applicant to be notified in writing of the date by which the applicant must submit in writing such information or submissions as the applicant thinks appropriate and may fix further dates for responses or replies by the applicant and by the institute.
11.08 The registration hearing panel may require the applicant and the institute to produce all files, records or other information in the possession of applicant or of the institute that may be relevant to the matter under consideration, excepting always materials subject to solicitor client privilege.
11.09 The registration hearing panel may provide for an oral hearing or may make its decision after written submissions without an oral hearing.
11.10 The registration hearing panel may order the applicant, a member of the institute or officer of the institute to give evidence on oath or by affirmation.
11.11 The registration hearing panel shall ensure that all information it receives is disclosed to the applicant and to the institute and shall ensure that both the applicant and the institute have appropriate opportunity to make submissions in respect of that information.
11.12 Within 30 days after the conclusion of the proceedings, the registration hearing panel shall provide the applicant and the council with a notice of determination and a written explanation of the determination.
11.13 The registration hearing panel shall :
11.13.01 grant the application; or
11.13.02 grant the application subject to conditions or limitations that the panel considers appropriate; or
11.13.03 reject the application.
11.14 If no later than 30 days after receipt of notice of the determination of the registration hearing panel the applicant applies in writing to council for a review on the record, council shall conduct a review.
11.15 When conducting a review on the record council may hear evidence that is not part of the record, may receive written submissions and may conduct an oral hearing.
11.16 After completing the review, council may:
11.16.01 confirm the determination, order or decision of the registration hearing panel; or
11.16.02 substitute a determination, order or decision that the registration hearing panel could have made; or
11.16.03 send the matter back to the registration hearing panel with directions.

Bylaw 12 Code of Ethics
12.01 All members of the institute, however and wherever they may practice, are bound by the code of ethics set out by the institute and shall, as a condition of membership in the institute, assent to and conform to the code of ethics as follows:
12.01.01 Agrologists shall at all times exercise integrity, competence and objectivity in their professional conduct while fulfilling their professional responsibilities to:
* the public,
* the employer or client,
* the profession, and
* other agrologists.

Bylaw 13 Standards of Competence
13.01 All professional agrologists and articling agrologists, however and wherever they may practice, are bound by the standards of competence set out hereunder and, as a condition of membership in the institute, shall assent to and conform those standards of competence.
13.02 All professional agrologists and articling agrologists have responsibilities as follows:
13.02.01 to acquire and to refresh appropriate knowledge and skill;
13.02.02 to provide quality service;
13.02.03 to be competent; and
13.02.04 to give special attention to issues relevant to their preferred areas of practice.
13.03 The council shall present to the members of the institute for consideration and approval detailed standards of competence in respect to preferred areas of practice as council shall from time to time define those preferred areas of practice, as required.

Bylaw 14 Continuing Professional Development
14.01 Council shall support the professional practice committee in developing programmes:
14.01.01 to assist members of the institute in dealing with professional or ethical issues; and
14.01.02 to promote professional development for members of the institute.
14.02 Council shall support the professional practice committee in:
14.02.01 developing professional development guidelines and policies, including annual reporting protocols, which help assure the continuing competence of members;
14.02.02 developing peer review and practice review audit processes that support members in ensuring their continuing competence;
14.02.03 developing systems to foster and identify suitable continuing education or professional development opportunities for members and ways to inform members of these opportunities;
14.02.04 developing processes whereby standards of competence and expertise are identified for preferred areas of practice, with processes for certification as appropriate.

Bylaw 15 Practice Audits
15.01 In consultation with the professional practice committee, council shall develop procedures for a practice audit programme to assess on a routine and random basis:
15.01.01 the conduct of members of the institute, and
15.01.02 the competence of members of the institute.
15.02 Procedures for the practice audit programme shall include the following matters:
15.02.01 methods for selection of members to be audited;
15.02.02 the number of audits to be conducted annually;
15.02.03 selection and assignment of the auditors;
15.02.04 co-operation of members in providing information, responses to questions, files and records;
15.02.05 protecting confidentiality of client and employer information;
15.02.06 protecting solicitor-client privilege;
15.02.07 preparation of reports;
15.02.08 distribution of copies of reports; and
15.02.09 use of information and reports arising from practice audits.

Bylaw 16 Practice reviews

Practice reviews at request of or with consent of member
16.01 If a member requests a practice review, council shall authorize a practice review.
16.02 If a member consents to a practice review, council may authorize a practice review.

Duty of members
16.03 Members shall encourage a member to request a practice review or to consent to a practice review if there is reason to believe that the member:
16.03.01 may be practicing agrology in an incompetent manner; or
16.03.02 has professional or ethical difficulties concerning the member's practice.

Practice reviews initiated by institute
16.04 The conduct and discipline committee may recommend to council to authorize a practice review if the conduct and discipline committee determines:
16.04.01 there is reason to believe that a member may be practicing agrology in an incompetent manner; or
16.04.02 there is reason to believe that a member has professional or ethical difficulties concerning the practice of the member; or
16.04.03 an allegation against a member, if proven, would give reason to make a finding that a member was guilty of one or more of the matters set out in section 21(1)(a) of the Agrologists Act; or
16.04.04 there is reason to believe a member may have been guilty of one or more of the matters set out in section 21(1) (a) of the Agrologists Act.
16.05 Whether council has or has not received a recommendation from the conduct and discipline committee, council may authorize a practice review if council determines:
16.05.01 there is reason to believe that a member may be practicing agrology in an incompetent manner; or
16.05.02 there is reason to believe that a member has professional or ethical difficulties concerning the practice of the member; or
16.05.03 an allegation against a member, if proven, would give reason to make a finding that a member was guilty of one or more of the matters set out in section 21(1)(a)of the Agrologists Act; or
16.05.04 there is reason to believe a member may have been guilty of one or more of the matters set out in section 21(1) (a) of the Agrologists Act.

Appointment of and duties of practice reviewer
16.06 If council authorizes a practice review, council shall appoint a practice reviewer who shall be:
16.06.01 an employee or officer of the institute; or
16.06.02 a member of the institute who is not a member of council and who is not a member of the conduct and discipline committee; or
16.06.03 a contractor retained by the institute for this purpose:
16.07 After appointing a practice reviewer, council shall give notice pursuant to section 19(2)(a) and shall make a direction pursuant to section 19(2)(b) of the Agrologists Act.
16.08 The practice reviewer shall:
16.08.01 consider and report on what remedial steps the member has indicated the member would accept and implement to enable the member to practice agrology competently, professionally and ethically;
16.08.02 consider and report on what additional remedial steps would be appropriate to enable the member to practice agrology competently, professionally and ethically;
16.08.03 consider and report on whether or not there is reason to believe that the member may have been guilty of one or more of the matters set out in section 21(1)(a) of the Agrologists Act;
16.08.04 consider and report on whether or not council should take any of the actions authorized under section 21(1)(a), section21(1)(c), section 21(1)(d), section 21(2) or section 22 of the Agrologists Act; and 16.08.05 deliver a copy of the report to the registrar who shall provide copy to the member, to the council and to the chair of conduct and discipline committee.

Duties of council and of conduct and discipline committee
16.09 On receipt of the report, council and the conduct and discipline committee shall take such remedial steps as may be appropriate, including disciplinary steps under section 21(1)(a), section21(1)(c), section 21(1)(d), section 21(2) and section 22 of the Agrologists Act and under these bylaws.

Bylaw 17 Complaint procedures and conduct and discipline proceedings

Procedures upon receipt of a complaint
17.01 If an officer receives a complaint pursuant to section 20 of the Agrologists Act, the officer shall advise the complainant to submit the complaint details, in writing, to the registrar.
17.02 The registrar, within 7 days of receipt of the complaint in writing, shall refer the complaint to the chairperson of the conduct and discipline committee and shall advise the complainant of the referral to the conduct and discipline committee.
17.03 Within 7 days of receipt of the complaint by the conduct and discipline committee, the chair of the conduct and discipline committee or a member of the conduct and discipline committee appointed by the chair, shall deliver to the member subject of the complaint particulars of the complaint, and, if appropriate, the identity of the complainant.
17.04 Within 14 days of delivery of the particulars of the complaint, the member subject of the complaint shall provide the conduct and discipline committee with a written response to the complaint.

Settlement, mediation and arbitration
17.05 Within 21 days of delivery of the particulars of the complaint, and whether or not the member subject of the complaint has provided a written response, the chair of the conduct and discipline committee or the member appointed by the chair shall assess whether or not negotiation of a settlement, a mediation or an arbitration would be appropriate.
17.06 If the complainant and the member subject of the complaint agree to engage in negotiation, mediation or arbitration, the conduct and discipline committee shall take such steps as are appropriate to assist in resolution of the complaint.

Procedures if no settlement, mediation or arbitration
17.08 If the complainant or the member subject of the complaint do not agree to engage in negotiation, mediation or arbitration, or if negotiation, mediation or arbitration, although underway, has not brought resolution of the complaint, the conduct and discipline committee shall review the complaint and shall determine:
17.08.01 whether the allegations in the complaint, if proven, would give reason to make a finding that the member subject of the complaint was guilty of one or more of the matters set out in section 21(1)(a) of the Agrologists Act; and
17.08.02 whether there is reason to believe the member subject of the complaint may have been guilty of one or more of the matters set out in section 21(1)(a) of the Agrologists Act.
17.09 If the conduct and discipline committee determines the allegations in the complaint, if proven, would not give reason to make a finding that the member subject of the complaint was guilty of one or more of the matters set out in section 21(1)(a) of the Agrologists Act, or if the conduct and discipline committee determines there is no reason to believe the member subject of the complaint may have been guilty of one or more of the matters set out in section 21(1)(a)
of the Agrologists Act, the conduct and discipline committee shall invite the complainant to provide additional information and submissions.
17.10 If the complainant fails to provide additional information and submissions, or if after considering such additional information and submissions as the complainant does provide the conduct and discipline committee concludes the allegations in the complaint, if proven, would not give reason to make a finding that the member subject of the complaint was guilty of one or more of the matters set out in section 21(1)(a) of the Agrologists Act, or concludes there is no reason to believe the member subject of the complaint may have been guilty of one or more of the matters set out in section 21(1)(a) of the Agrologists Act, the conduct and discipline committee shall advise the complainant and the member subject of the complaint of the conclusions of the conduct and discipline committee, and shall take no further action.
17.11 If the conduct and discipline committee determines the allegations in the complaint, if proven, would give reason to make a finding that the member subject of the complaint was guilty of one or more of the matters set out in section 21(1)(a) of the Agrologists Act, or if the conduct and discipline committee determines there is reason to believe the member subject of the complaint may have been guilty of one or more of the matters set out in section 21(1)(a) of the Agrologists Act, the conduct and discipline committee shall recommend to council one or more of the following:
17.11.01 pursuant to section 21(1)(c) of the Agrologists Act to issue a written notice requiring the member subject of the complaint to appear before the conduct and discipline committee to discuss the conduct or competence of the member;
17.11.02 pursuant to section 19(1) of the Agrologists Act to authorize a practice review;
17.11.03 pursuant to section 21(1)(a) of the Agrologists Act to authorize a discipline review;
17.11.04 pursuant to section 21(1)(d) of the Agrologists Act to issue a citation;
17.11.05 to take such remedial steps as may be appropriate; or
17.11.06 to take no action.

Appointment of and duties of discipline reviewer
17.12 If council authorizes a discipline review, council shall appoint a discipline reviewer who shall be:
17.12.01 an employee or officer of the institute; or
17.12.02 a member of the institute who is not a member of council and who is not a member of the conduct and discipline committee; or
17.12.03 a contractor retained by the institute for this purpose.
17.13 After appointing a discipline reviewer, council shall give notice pursuant to section 21(b) of the Agrologists Act.
17.14 The discipline reviewer may request council to assist in the practice review by making an application to Supreme Court pursuant to section 22 of the Agrologists Act.
17.15 Within 60 days of commencing the discipline review, the discipline reviewer shall provide the conduct and discipline committee with a report of findings which report shall include:
17.15.01 the facts relevant to the issue of whether or not the member subject of the complaint was guilty of one or more of the matters set out in section 21(1)(a) of the Agrologists Act; and
17.15.02 whether or not in the opinion of the discipline reviewer it is more likely than not that a discipline hearing panel would find the member subject of the complaint guilty of one or more of the matters set out in section 21(1)(a) of the Agrologists Act.

Procedures on receipt of discipline review
17.16 Within 14 days of receiving the report of the discipline reviewer, the conduct and discipline committee shall:

17.16.01 provide a copy of the report to the complainant, to the member subject of the complaint and to the council; and

17.16.02 recommend to council to do one or more of the following: