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:
17.16.02.01
pursuant to section 21(1)(c) of 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;
17.16.02.02
pursuant to section 21(1)(d) of Agrologists Act to issue a
citation;
17.16.02.03
to take such remedial steps as may be appropriate; or
17.16.02.04
to take no action.
17.17 On receipt of the recommendation of conduct and discipline committee, council shall determine to do one or more of the following:
17.17.01
pursuant to section 21(1)(c) of 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;
17.17.02
pursuant to section 21(1)(d) of Agrologists Act to issue a
citation;
17.17.03
to take such remedial steps as may be appropriate; or
17.17.04 to take no action.
Citation
17.18
A citation may contain one or more allegations against the member subject of
the
citation and shall be sufficiently clear and specific to give the member
subject
of the citation notice of the allegations being made and shall contain
sufficient
detail to give reasonable information with respect to the acts or omissions
to be proven.
17.19 If council issues a citation, the registrar may disclose the citation and its status to the public and to members of the institute after the citation has been served on the member subject of the citation.
Appointment of and duties of discipline hearing panel
17.20
If council issues a citation, the chair of conduct and discipline committee in
consultation
with members of conduct and discipline committee shall appoint a discipline
hearing panel of three persons who may include the chair or members
of the conduct and discipline committee, or members of the institute,
or
persons who are not members of the institute.
17.21
The discipline hearing panel shall discharge the statutory duties and shall
exercise
the statutory powers set out in Agrologists Act, including the duties
and
powers set out in section 24, section 25(3), section 26, section 27,
section
28 and section 29 of Agrologists Act..52
17.22
In proceedings before the discipline hearing panel the institute shall be the
respondent
and council may appoint a person to represent the institute in proceedings.
17.23
The discipline hearing panel shall cause the member subject of the citation to
be
notified in writing of the date, time and place of the discipline
hearing.
17.24
The discipline hearing panel may require the institute and the member subject
of
the citation to produce all files, records or other information in the
possession
of the institute or of the member subject of the citation that may be
relevant
to the matter under consideration, excepting always materials subject
to
solicitor-client privilege.
17.25
The discipline hearing panel may provide for an oral hearing or may make its
decision
after written submissions without an oral hearing.
17.26
Council or the member subject of the citation may cause any oral hearing to be
recorded
by a court reporter.
17.27
If the institute gives notice of no less than 7 days prior to the date set for
commencement
of the hearing, the institute may require the member subject of the
citation to give evidence at the hearing, and, if the discipline hearing panel
so
orders, may cross examine the member subject of the
citation.
17.28
The discipline hearing panel may receive, accept and consider evidence and
information
it considers relevant whether or not that evidence or information would
be admissible in a court of law.
17.29 The discipline 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.
17.30
The decision of the discipline hearing panel shall be in writing as shall any
minority
opinion.
17.31
If on a balance of probabilities the discipline hearing panel is satisfied the
member
subject of the citation is guilty of one or more of the matters in section
21(1) of Agrologists Act, the discipline hearing panel may impose such
penalties
and costs as are authorized under the Agrologists Act.
17.32
The discipline hearing panel may consider all factors it deems relevant in
assessing
costs and shall not be limited by considerations applying to the award
of costs in court proceedings.
17.33
The maximum amount of costs, exclusive of interest, shall not exceed those set
out
in section 29(2) of Agrologists Act.
17.34 Within 30 days after receiving the decision of the discipline hearing panel the member subject of the citation may apply in writing to the council for a review on the record.
Review
of decision of discipline hearing panel
17.35
If the member subject of the citation applies for a review, council shall
conduct a
review on the record and may hear evidence that is not part of the record,
may
receive written submissions and may conduct an oral
hearing.
17.36 After a hearing, council may take one of the steps set out in section 30(4) of Agrologists Act.
Bylaw
18 Transitional, effective date and amendment
18.01
After ratification of these bylaws at the annual general meeting held in 2004 or
at
some other institute meeting or by referendum, these bylaws shall come into
effect
on a date determined by council.
18.02
On the date these bylaws come into effect, all prior bylaws of the institute are
repealed.
18.03
After these bylaws come into effect, all officers and all members of council
shall
continue in office until their successors are appointed or are elected
pursuant
to these bylaws.
18.04
After the date these bylaws come into effect, these bylaws may be amended by
council,
subject always to section 13(3) of Agrologists Act.