Discipline Regulation

(Consolidated up to 121/2019) ALBERTA REGULATION 325/82 Land Surveyors Act DISCIPLINE REGULATION Part 1 General 1 (1) In this Regulation (a) “Act” means the Land Surveyors Act ; (b) “chair” or “vice‑chair” means respectively the chair or a vice‑chair of the Discipline Committee; (c) “recorded mail” means a form of document delivery by mail or courier in which receipt of the document must be acknowledged in writing by the recipient. (2) Unless the context otherwise requires, the Interpretation Act applies to this regulation. AR 325/82 s1;121/2019 Discipline Committee 2 (1) The Discipline Committee shall be composed of at least 5 Alberta land surveyors appointed by the Council. (2) The chair of the Discipline Committee shall be a member of the Council. (3) A quorum of the Discipline Committee is 3 of its members, one of whom shall be the chair or a vice‑chair. AR 325/82 s2;121/2019 Complaints and Notification 3 If a complaint is made to the Registrar about a practitioner, the Registrar shall, if necessary, request that the complaint be made in writing. AR 325/82 s3 4 (1) On receipt of a written complaint the Registrar shall determine whether the complaint can properly be the subject of mediation and if so whether both parties agree to mediation. (2) If the Registrar determines that the complaint is not capable of being the subject of mediation, or if one or both parties do not agree to mediation, the Registrar shall (a) refer the complaint to the chair or a vice‑chair for investigation, (b) notify the complainant in writing that the complaint has been referred to the chair or a vice‑chair for investigation and send the complainant a copy of the relevant sections of the Act that pertain to complaints and disciplinary proceedings, and this regulation, and (c) notify the practitioner concerned that the complaint has been referred to the chair or a vice‑chair for investigation. (3) If a complainant and the practitioner concerned both agree to mediation, the Registrar shall notify both of them and the mediator concerned of their desire for mediation under section 37 of the Act. AR 325/82 s4;8/2005;121/2019 Service of Notices 5 (1) When a notice is permitted or required to be served under the Act or this regulation, it shall be served (a) by personal service, (b) by recorded mail addressed to the person at the person’s last known business address as recorded in the records or register of the Association, or (c) by an electronic method on the person, at an address specifically provided by the person for this purpose, if (i) the sender receives confirmation of the successful transmission of the notice, and (ii) the recipient receives the notice in a form that is usable for subsequent reference. (2) If notice must be served on the Registrar, the Discipline Committee or any member of it or the Council, it may be served at the head office of the Association by personal service, recorded mail or an electronic method referred to in subsection (1)(c). AR 325/82 s5;121/2019 Costs 6 If the Discipline Committee or the Council makes an order as to the payment of costs those costs may include all or any of the following costs: (a) any transportation, accommodation and living expenses paid to a person conducting a preliminary investigation or a member of the Discipline Committee or the Council involved in investigating and hearing the matter; (b) the fees of an Alberta land surveyor making a survey for the purpose of the proceedings; (c) an honorarium or payment made to a person referred to in clause (a) for participating in the manner; (d) cost of hiring a reporter to take a transcript of the proceeding and the transcript of proceedings; (e) witness fees; (f) cost of renting rooms or renting recording equipment; (g) fees payable to the solicitor acting on behalf of the Association and to any solicitor providing independent legal advice to the Discipline Committee or the Council; (h) any other costs incurred by or on behalf of the Association that are attributable to the review, investigation, hearing or an appeal resulting from it. AR 325/82 s6;121/2019 Part 2 Re‑instatements Application for Reinstatement 7 (1) A practitioner whose registration is cancelled as a result of disciplinary proceedings may apply to the Council to be reinstated. (2) The Council may establish a committee of inquiry to consider the application for reinstatement and make recommendations to Council. (3) The registration of the former practitioner shall not be reinstated in the register except by order of the Council or a Court of competent jurisdiction. AR 325/82 s7;121/2019 Re‑examination 8 If the registration of a practitioner is suspended or cancelled for 1 year or more, the practitioner may be required by the Council to take examinations prescribed by the Practice Review Board or the Council before reinstatement of the registration becomes effective. AR 325/82 s8;121/2019 Fees 9 Subject to section 8, a practitioner whose registration is cancelled as a result of non‑payment of fees, dues or levies shall be reinstated on application to the Council together with payment of arrears and on payment of any fees, dues or levies that are payable under the General By‑laws. AR 325/82 s9 Part 3 Amendments 10 This Regulation may be re‑enacted, amended or repealed in the same way that the General By‑laws of the Association may be enacted, amended or repealed but, in accordance with the Act, a re‑enactment, amendment or repeal of this regulation does not come into force unless it is approved by the Lieutenant Governor in Council. AR 325/82 s10