Professional Governance Act

Professional Governance Act 47 2018 November 27, 2018 1922970521/1558731880/1547248340 E4tlc18047 1 Definitions and Application Definitions and interpretation 1 1 In this Act: applicant , in respect of a regulatory body, means a person who applies for a enrolment in the regulatory body's admission program for trainees, if applicable, or b admission or reinstatement as a registrant of the regulatory body; board means a board established under section 23 [board of regulatory body] for a regulatory body; board member means a board member referred to in section 23; bylaw means a bylaw made under this Act; bylaw-making authority , in respect of a regulatory body, means the capacity of the board to make bylaws under this Act; citation means a citation issued under section 66 (1) (d) [investigations authorized by board] or 72 (3) [reprimand or remedial action by consent] ; committee , in respect of a regulatory body, means a the nomination committee established under section 26 (1) [election of registrant board members] , b the credentials committee established under section 44 (1) [credentials committee] , c the audit and practice review committee established under section 63 (1) [audits and practice reviews] , d the investigation committee established under section 64 [investigation committee] , e the discipline committee established under section 75 (1) [discipline hearings] , or f another committee established under section 32 (3) [officers and committees] ; conduct unbecoming a registrant means conduct of a registrant that a brings the regulatory body or its registrants into disrepute, b undermines the standards, methods or principles that are the foundation of the profession, or c undermines the principle of holding paramount the safety, health and welfare of the public, including the protection of the environment and the promotion of health and safety in the workplace in the manner that reflects the stewardship of a given profession by each regulatory body; confidential information means information, whether written or oral, provided by a person to the superintendent or, in respect of a matter under Part 6 [Protection of the Public Interest With Respect to Professional Governance and Conduct] , to an audit and practice review committee, an investigation committee or another committee with powers and duties in respect of an investigation, audit, hearing or other procedure under this Act a for the purpose of the investigation, audit, hearing or other procedure, and b under an agreement, express or implied, that the information will be kept confidential; declaration means, as applicable, a a competence declaration made by a registrant under Division 2 of Part 6 [Competence Declarations and Conflict of Interest Declarations] , or b a conflict of interest declaration made by a registrant under Division 2 of Part 6; designated profession means a profession that is designated by regulation under section 89 (1) [designation of profession] ; firm means either of the following: a a government registrant; b a legal entity or a combination of legal entities that is engaged in a regulated practice, whether the practice occurs solely within the firm or in the provision of services to a person or entity outside the firm, unless the legal entity or combination of legal entities is exempted from this Act by regulation of the Lieutenant Governor in Council; government registrant means a ministry or agency of the government that the Lieutenant Governor in Council may prescribe by regulation; incompetent , in relation to the performance of duties undertaken while engaged in a regulated practice, includes a a lack of competence or fitness to engage in the regulated practice, or b an incapacity or impairment that prevents a registrant from engaging in the regulated practice with reasonable skill, competence and safety to the public; lay board member means a board member described in section 23 (2) (b) [board of regulatory body] ; minister means the minister responsible for the administration of this Act unless the context otherwise requires; office means the office of the superintendent of professional governance established under section 4 [office of the superintendent of professional governance established] , unless the context otherwise requires; profession means a practice area in which a person exercises professional skill or judgment or provides a professional service; professional governance means a the regulation of professions, and b the superintendence by a regulatory body of registrants engaged in a regulated practice; professional misconduct means misconduct by a registrant as a professional, relating to the performance of duties while engaged in a regulated practice, including a failure to comply with, or a breach of, this Act, the regulations or the bylaws; professional organization means a corporation that a acts as an advocate for persons who practise a profession, and b is not a professional regulator; professional regulator means a corporation that is responsible for the governance of a profession under an Act of British Columbia, another province or Canada; registrant means the registrants specified in respect of each regulatory body in Schedule 1 to this Act, and includes, as applicable, a an individual who is a registered member of a regulatory body, or b a firm that is registered with the regulatory body, if firms may be registered in respect of that regulatory body; registrant board member means a board member described in section 23 (2) (a); regulated practice means the carrying on of a profession by a registrant of a regulatory body; regulatory body means a regulatory body set out in section 1 [regulatory bodies governed by Act] of Schedule 1 to this Act; relevant enactment means an enactment that the Lieutenant Governor in Council may prescribe by regulation; reserved practice means a regulated practice for which the right to practise is reserved for registrants of a regulatory body; reserved title means a title that is reserved for use by registrants of a regulatory body; resolution , in respect of a regulatory body, board of the regulatory body or committee of the regulatory body, means a motion passed at a meeting of the regulatory body, board or committee; respondent means a person whose conduct or competence is the subject of a discipline hearing under section 75 [discipline hearings] ; roster means a roster of registrants designated by a minister and administered by the superintendent under section 17 [administration of rosters] ; roster member means a registrant who is designated under section 17 as a member of a roster; specialist means a registrant with a specialization; specialization means a specialized area of practice with qualifications established by a regulatory body under section 43 (2) [restricted and specialized areas of practice] ; superintendent means the superintendent of professional governance appointed under section 4 [office of the superintendent of professional governance established] ; trainee , in respect of a regulated practice, means a person in training to engage in the regulated practice as a registrant. 2 For the purposes of this Act, a reference to a professional regulator refers to a governing body other than a regulatory body listed in Schedule 1 to this Act. Specific definitions and information 2 1 The definitions under this Act are, in the case of each regulatory body, to be read in accordance with the specific definitions and information for each regulatory body that may be set out in Schedule 1 to this Act as applicable, including definitions and information in relation to the following: a the regulatory bodies; b practice areas in respect of professions; c regulated practices in respect of professions; d registrants and categories of registrants; e [Repealed 2022-19-4.] f other prescribed matters. 2 The Lieutenant Governor in Council may, by regulation, amend Schedule 1 to this Act. Application to firms as registrants 3 A firm may only be registered as a registrant in a regulatory body if a the Lieutenant Governor in Council has, by regulation, authorized the regulatory body to register firms in the regulatory body as registrants, and b the board has made bylaws under this Act to enable or to require the registration of firms as registrants. 2 Superintendent of Professional Governance 1 Appointment of Superintendent Office of the superintendent of professional governance established 4 1 An office of the superintendent of professional governance is established in the minister's ministry that is responsible for the matters described in section 7 (2) [general duty and responsibilities of superintendent] . 2 The following persons may be appointed to the office under the Public Service Act : a the superintendent; b one or more deputy superintendents; c other employees required to carry out the functions of the office. 3 The minister may designate one or more employees of the government to act temporarily in the place of the superintendent. 4 The superintendent may retain consultants, experts and other persons the minister or the superintendent considers necessary to enable or assist the superintendent to exercise powers or perform duties of the superintendent under this Act. 5 The superintendent may establish the remuneration and other terms and conditions of a person retained under subsection (4). 6 The Public Service Act does not apply in respect of a person retained under subsection (4). Superintendent's power to delegate 5 1 The superintendent may delegate, in writing, to a person employed under the Public Service Act any of the superintendent's powers, duties and functions under this Act, except the power to delegate under this section. 2 A delegation under this section may be made subject to any terms and conditions the superintendent considers appropriate. Professional Governance Advisory Committee 6 1 The minister may appoint a Professional Governance Advisory Committee consisting of a the superintendent, who must be appointed chair, and b as the minister considers appropriate, i representatives of the ministries responsible for the administration of relevant enactments, and ii other persons with relevant knowledge and experience. 2 An appointment under subsection (1) must specify the term of the appointment. 3 The Professional Governance Advisory Committee must a review transitional matters relating to the implementation of this Act, b carry out activities relating to the implementation of this Act with the ministries responsible for the relevant enactments, and c perform other duties the minister requires or as prescribed by regulation of the Lieutenant Governor in Council. 4 The minister may establish the expense allowances or other terms and conditions of a person appointed under subsection (1) (b) (ii). General duty and responsibilities of superintendent 7 1 The superintendent must faithfully, honestly and impartially perform the duties of the superintendent and must not, except in the proper performance of those duties, disclose to a person any information obtained as a superintendent. 2 The superintendent is primarily responsible for the oversight of systemic or general matters relating to professional governance by regulatory bodies, including by doing the following: a superintending the governance by regulatory bodies of registrants in the regulatory bodies' respective regulated practices to ensure compliance by the regulatory bodies with their duties; b conducting research and promoting or establishing policies on best practices with respect to the regulatory bodies, including i monitoring regulatory bodies for consistency in governance of registrants and performance standards for registrants, and ii promoting awareness among regulatory bodies to support reconciliation with Indigenous peoples in British Columbia, including supporting the implementation of the United Nations Declaration on the Rights of Indigenous Peoples; c providing for administrative matters that relate to regulatory bodies and are in the public interest, including i overseeing the implementation and administration of this Act, ii administering rosters, iii receiving declarations, if they are required to be submitted to the superintendent in a regulation made under section 59 (d) [requirements for declarations may be prescribed] , iv advising the minister on matters related to the administration of this Act, and v submitting reports in accordance with section 19 [reports to minister] ; d promoting professional governance by regulatory bodies or enforcing compliance with this Act, including i publishing information and documents that the superintendent determines to be in the public interest, ii providing information and advice to regulatory bodies, registrants, professional regulators and professional organizations, iii establishing guidelines to promote compliance with this Act and the regulations, iv conducting investigations and audits in respect of regulatory practices and compliance with this Act and the regulations or in relation to an offence under section 106 (1) [offences] , v issuing directives to ensure compliance with this Act and the regulations, vi receiving, investigating and responding to claims made in respect of reprisals prohibited under section 103 [no reprisals] , and vii imposing administrative penalties in accordance with Division 1 [Enforcement Powers of Superintendent] of Part 8 [Enforcement of Act] ; e carrying out activities in accordance with other powers, duties or functions that the Lieutenant Governor in Council may prescribe. 3 For certainty, nothing in this section limits the role of a regulatory body in respect of registrants. Rules of practice and procedure 8 1 The superintendent may make rules in respect of practice and procedure for all matters coming before the superintendent under this Act in respect of complaints, investigations and audits. 2 The superintendent must make the rules in respect of practice and procedure accessible to the public in the manner the superintendent considers appropriate. 3 The Lieutenant Governor in Council may, by regulation, a provide for any matter in respect of which the superintendent may make rules, and b amend or repeal a rule made by the superintendent. 2 Powers of Superintendent Guidelines 9 1 The superintendent may establish guidelines, in respect of one or more regulatory bodies, a relating to the governance of the regulatory body, and b relating to the following: i the protection of the public interest; ii bylaws made by the board; iii the code of ethics required, or the ethical principles described, under section 57 (2) [standards of conduct and competence] . 2 Guidelines established under subsection (1) must be considered by the board and committees, as applicable, of the regulatory body in exercising powers and performing duties or functions under this Act. 3 The superintendent must make any guidelines established under subsection (1) available to the public on a website maintained by or on behalf of the superintendent. Inspections by superintendent 9.1 1 The superintendent may conduct an inspection for the purposes of determining whether an investigation or audit under section 10 is necessary in the public interest. 2 In conducting an inspection under this section, the superintendent may do any of the following: a require a person who may have information relevant for the purposes of the inspection to do the following: i provide the information to the superintendent; ii produce or provide access to, without charge or unreasonable delay, any record that may be relevant for the purposes of the inspection; b examine the records produced or accessed under paragraph (a) and remove them for the purposes of examination or making copies; c require a person to operate a thing, carry out a procedure or demonstrate a skill that may be relevant for the purposes of the inspection; d take photographs or make audio or video records; e have present at the inspection any person whose presence the superintendent considers necessary to conduct the inspection. Investigations and audits by superintendent 10 1 Subject to subsection (4), if the superintendent considers it necessary in the public interest, the superintendent may conduct an investigation or an audit into a any aspect of the administration or operation of a regulatory body, or b the state of practice of a profession in British Columbia. 2 Subsection (1) includes a an investigation or an audit into an exercise of a power or a performance of a duty, or the failure to exercise a power or perform a duty, under this Act, and b an investigation in respect of a matter under the following provisions: i section 52 [prohibition and limitation — use of reserved titles]; ii section 54 [prohibitions regarding reserved practice] ; iii section 58 [duty to report] ; iv [Not in force. Repealed 2022-19-7.] v section 67 [extraordinary action to protect public] ; vi section 103 [no reprisals] ; vii section 104 [obstruction] . viii [Repealed 2022-19-7.] 3 For the purposes of an investigation or an audit under this section, the superintendent has the powers, privileges and protection set out in section 13 [power to compel persons to give evidence and order disclosure] . 4 The superintendent may only investigate or conduct an audit in respect of a matter that relates to an individual registrant in the following cases: a an investigation or an audit of a general or systemic matter relating to the regulated practice; b an investigation in respect of a matter under a provision listed in subsection (2) (b). 5 In an investigation or an audit under this section, the superintendent may inquire into a matter that relates to one or more specific regulatory bodies. Directives issued by superintendent 11 1 The superintendent may issue directives relating to the following: a that a board exercise its powers or perform its duties to better achieve the protection of the public interest with respect to professional governance; b that a board appoint an auditor to conduct an audit, in accordance with the directive and any applicable regulations, and provide an audit report to the superintendent; c for any matter the superintendent considers necessary in the public interest with respect to professional governance, including a directive that is i consistent with any guidelines established under section 9, or ii necessary to address issues arising out of an investigation or audit under section 10. 2 A directive of the superintendent takes effect immediately or on a later date specified in the directive. 3 A board must comply with a directive issued to it under this section. 4 The superintendent may require, by directive, a work, act, matter or thing to be performed or completed within a specified period. 5 If, in the superintendent's opinion, the circumstances of a case under subsection (4) so require, the superintendent may extend the specified period. 6 The superintendent must make accessible to the public any directives made under subsection (1). Appointment of public administrator 12 0.1 In this section, regulatory authority means a Schedule 2 regulatory authority as defined in section 1 of the International Credentials Recognition Act . 1 Without limiting sections 10 and 11, the superintendent may appoint a public administrator to discharge the powers and duties of a board under this Act or of a regulatory authority under the International Credentials Recognition Act if the superintendent considers this to be necessary in the public interest, whether or not the superintendent has exercised any other power under this Act or the International Credentials Recognition Act . 2 On the appointment of a public administrator, the board members cease to hold office unless otherwise ordered by the superintendent. 3 The superintendent may specify a the powers, duties and responsibilities of a public administrator appointed under this section, and b how a board will operate after the appointment of a public administrator has ended, including specifying whether a new board will be appointed under section 23 [board of regulatory body] as if the new board were the first board of a regulatory body. 4 The Lieutenant Governor in Council may, within 45 days after an appointment of a public administrator under subsection (1), vary or rescind the appointment. 5 The expenses incurred under this section by the government in respect of a regulatory body are a debt due and owing by the regulatory body to the government. Power to compel persons to give evidence and order disclosure 13 1 For the purposes of this Act, the superintendent may make an order requiring a person to do either or both of the following: a attend, in person or by electronic means, before the superintendent to answer questions on oath or affirmation or in any other manner; b produce for the superintendent a record or thing in the person's possession or control. 2 The superintendent may apply to the Supreme Court for an order directing a a person to comply with an order made under subsection (1), or b any directors and officers of a person to cause the person to comply with an order made under subsection (1). Contempt proceeding for uncooperative witness or other person 14 The failure or refusal of a person summoned as a witness under section 13 (1) to do any of the following makes the person, on application to the court by the superintendent, liable to be committed for contempt as if in breach of an order or judgment of the court: a take an oath or affirmation; b answer questions; c produce the records or things in the person's custody or possession. Referral of complaints 15 If a complaint is made to the superintendent that relates to a matter that is beyond the investigation power of the superintendent and the superintendent considers that there is another appropriate person or body having jurisdiction over the matter, the superintendent may a with the consent of the person who made the complaint, refer that matter directly to an appropriate person or body having jurisdiction over the matter, or b refer the person who made the complaint to an appropriate person or body having jurisdiction over that matter, or otherwise provide information that would permit the complaint to be made. Application of the Administrative Tribunals Act 16 The following provisions of the Administrative Tribunals Act apply to the superintendent as if the superintendent were a tribunal, including the power of the superintendent to impose, and to consider responses to, administrative penalties under Division 1 [Enforcement Powers of Superintendent] of Part 8 [Enforcement of Act] of this Act: a section 44 [tribunal without jurisdiction over constitutional questions] ; b section 45 [tribunal without jurisdiction over Canadian Charter of Rights and Freedoms issues] ; c section 46.3 [tribunal without jurisdiction to apply the Human Rights Code] . Administration of rosters 17 1 A minister responsible for a relevant enactment may, by order, designate a registrant to be a roster member. 2 The superintendent may administer rosters with roster members designated under subsection (1). 3 The Lieutenant Governor in Council may prescribe, by regulation, any of the following in respect of the designation of roster members under subsection (1): a the qualifications or other criteria required for designation as a roster member in respect of a relevant enactment; b restricted activities that a registrant may carry out only if the registrant is a roster member; c restrictions on carrying out activities by roster members. Public interest disclosure 18 1 If the superintendent determines that it is in the public interest, the superintendent must, in accordance with regulations that may be made by the Lieutenant Governor in Council, publish prescribed information or documents or classes of information or documents a that relate to, or were created by a registrant providing services under, a relevant enactment, or b that relate to i a profession, ii a regulated practice, or iii a matter relevant to registrants under a relevant enactment. 2 If a minister responsible for a relevant enactment determines that it is in the public interest, that minister may order that the superintendent publish any information or documents, or classes of information or documents, described in subsection (1) of this section in accordance with regulations that may be made by the Lieutenant Governor in Council. 3 Personal information may not be published under this section that, if disclosed, would constitute an unreasonable invasion of personal privacy as described in section 22 (2) to (4) [disclosure harmful to personal privacy] of the Freedom of Information and Protection of Privacy Act . 3 Reports of Superintendent Reports to minister 19 1 The superintendent must, no later than May 31 in each year, submit to the minister an annual report in respect of the superintendent's activities under this Act in the preceding calendar year. 2 The superintendent must make the report submitted to the minister under subsection (1) available to the public on the superintendent's website. Superintendent to make recommendations 20 In addition to any other reports provided by the superintendent under this Act, on request of the minister, the superintendent must a review this Act and recommend to the minister any amendments to this Act that the superintendent considers will better enable the superintendent to exercise or perform the superintendent's powers, duties and functions under this Act, and b report to the minister on any other matter, as specified by the minister. 3 Regulatory Bodies 1 General Definition 21 In this Part, lay committee member , in respect of a committee of a regulatory body, means a committee member who is not a registrant of the regulatory body. Corporate powers of regulatory body 21.1 1 A regulatory body is a corporation consisting of a the board established under section 23 [board of regulatory body] , and b the persons who are registrants of the regulatory body. 2 For the purposes of exercising its powers and performing its duties under this Act, a regulatory body has the powers and capacity of a natural person of full capacity, including the power to acquire and dispose of property. 3 The Business Corporations Act does not apply to a regulatory body unless the Lieutenant Governor in Council, by regulation, provides that specified provisions of that Act apply to the regulatory body, in which case the specified provisions apply. General duty and responsibilities of regulatory bodies 22 1 It is the general duty of a regulatory body at all times to a serve and protect the public interest with respect to the exercise of a profession, professional governance and the conduct of registrants in the registrants' regulated practice, and b exercise its powers and discharge its responsibilities in the public interest. 2 A regulatory body has the following responsibilities: a to superintend the regulated practice; b to preserve and protect reserved titles or reserved practices, as applicable, in the public interest; c to guard against the unlawful use of reserved titles or the unlawful practice of reserved practices; d to govern the registrants of the regulatory body according to this Act, the regulations and the bylaws; e to establish the conditions or requirements for registration of a person as a registrant of the regulatory body; f to establish, monitor and enforce standards of practice to enhance the quality of practice so that registrants avoid i professional misconduct, ii conduct unbecoming a registrant, and iii incompetent performance of duties undertaken while engaged in the regulated practice; g to establish and maintain a continuing competency program to promote high practice standards amongst registrants; h to establish, monitor and enforce standards of professional ethics amongst registrants; i to establish and employ registration, investigation and discipline procedures that are transparent, objective, impartial and fair; j to administer the affairs of the regulatory body and exercise its powers and perform its duties under this Act or other enactments; k in the course of exercising the powers and performing the duties of the regulatory body under this Act or other enactments, to promote and enhance the following: i collaborative relations with other regulatory bodies, post-secondary education institutions and the government; ii interprofessional collaborative practice between its registrants and persons practising another profession; iii the ability of its registrants to respond and adapt to changes in practice environments, advances in technology and other emerging issues; l any other responsibility that the Lieutenant Governor in Council may prescribe. 3 A regulatory body may only act in an advocacy role in accordance with this Act and in accordance with rules, conditions or limits prescribed by the Lieutenant Governor in Council. Annual fee 22.1 1 The Lieutenant Governor in Council may make regulations a requiring regulatory bodies to pay an annual fee, and b setting annual fee amounts. 2 A regulatory body must, within the prescribed period of time, pay any annual fee required to be paid in a regulation under subsection (1). 2 Organization of Regulatory Body Board of regulatory body 23 1 Subject to section 84 [specified regulatory bodies continued as regulatory bodies under this Act] , a board is established for each regulatory body in respect of that regulatory body. 2 The composition of a board consists of the following board members: a 7 registrant board members, including the board chair and board vice chair, i who are registrants of the regulatory body, and ii who are elected or temporarily appointed under section 26 [election of registrant board members] ; b 4 lay board members i who are not registrants of the regulatory body, and ii who are appointed under section 27 [appointment of board members] ; c the immediate past board chair of the regulatory body, who is a non-voting registrant board member. 3 The board members may act even if there is a vacancy on a board. 4 Subject to any exceptions prescribed by regulation, a board member may not be a member of a committee or panel established in respect of a regulatory body under this Act. Term limits 24 1 Subject to subsection (5.1), the term for a board member to hold office is 3 years. 2 A registrant board member who serves successive terms is subject to the following limits: a subject to paragraph (b), the registrant board member may not serve for more than 6 consecutive years in each of the following offices: i board chair of the regulatory body; ii board vice chair of the regulatory body; iii a board member other than the board chair and board vice chair of the regulatory body; b the registrant board member may not serve for more than 12 consecutive years from the date of the registrant board member's initial election or appointment, as applicable. 3 A regulatory body may set a term that is shorter than 3 years for the following offices: a board chair of the regulatory body; b board vice chair of the regulatory body. 4 Subject to subsection (5.1), a lay board member may not serve successive terms for more than 6 consecutive years from the date of the lay board member's initial appointment. 5 The Lieutenant Governor in Council may, by order, set a term for an individual lay board member that is shorter than 3 years. 5.1 A lay board member whose term of office has expired may continue to hold office until a successor is appointed. 6 A person who has served the maximum number of consecutive years under this section is not eligible to serve as a board member until after a break in service of at least 3 years. Selection principles and criteria 25 1 The selection of nominees to be registrant board members under section 26 (1) is to be conducted in accordance with the process and merit-based selection principles prescribed by the Lieutenant Governor in Council. 2 A board may a subject to section 23 (2), establish different criteria or preferences for registrant board members in determining the board composition, and b make recommendations to the Lieutenant Governor in Council in respect of different criteria or preferences for lay board members. Election of registrant board members 26 1 The board of each regulatory body must, in accordance with section 23 (4), establish a nomination committee to administer the nomination of registrants who are qualified to be nominated for election to the board in accordance with the process and selection principles referred to in section 25 (1), the bylaws and applicable regulations. 2 Only a registrant who is nominated by the nomination committee under subsection (1) may be elected as a registrant board member. 3 An election of registrant board members is to be conducted in accordance with the bylaws made by the board and the regulations that may be made by the Lieutenant Governor in Council. 4 Subject to subsection (5), a board may temporarily appoint a registrant as a registrant board member until a successor is elected, in accordance with the process and selection principles referred to in section 25 (1), the bylaws and applicable regulations, if a an elected registrant fails to take the oath of office described in section 28, b an elected registrant board member dies, resigns or is incapable of performing the board member's duties under this Act, c an elected registrant board member is disqualified, or d there is a vacancy on the board because no registrant board member was elected. 5 A temporary appointment under subsection (4) may not be for a term that is longer than the remainder of the term of the registrant board member referred to in that subsection. Appointment of board members 27 1 The Lieutenant Governor in Council may appoint the lay board members for the board of each regulatory body after a merit-based process. 2 If there is a vacancy in the office of a lay board member, the minister may temporarily appoint a lay board member for a term of not more than one year. Oath of office 28 1 Before taking office as a board member or acting as a member of a committee in respect of a regulatory body, a person elected or appointed as a board member or to a committee must take and sign, by oath or solemn affirmation, an oath of office in the form and manner established by regulation. 2 The registrar and the deputy registrars, if any, of each regulatory body may, for the purposes of this Act, administer oaths. 3 The Lieutenant Governor in Council may, by regulation, provide for any exceptions in respect of the requirement to take and sign an oath of office. Required lay board members and quorum 29 1 At least one lay board member must be present at any meeting, proceeding or hearing of the board under this Act unless there are no lay board members appointed in respect of the board on the date of the meeting, proceeding or hearing. 2 Subject to subsection (1), the majority of the voting board members of a board of a regulatory body constitutes a quorum. 3 Despite subsection (1) of this section and section 23 (2) [board of regulatory body] , a the powers and duties of the board are not affected by a vacancy in the office of a lay board member, and b the acts done by a quorum of board are not invalid by reason only that the board is not at the time composed of the number of board members required under this Act. Disqualification and termination of board members 30 1 A registrant board member ceases to hold office a if the registrant board member i contravenes a term of the oath of office required by section 28 (1), ii contravenes a provision of this Act or the regulations, rules or bylaws, iii contravenes a provision of another provincial or federal enactment, or iv becomes bankrupt, and b if, after reasonable notice to the registrant board member, the board, by resolution passed by a vote of at least 2/3 of the other board members of the full board who are eligible to vote on the resolution, considers that the circumstance described in paragraph (a) is sufficiently serious to justify the board member's removal. 2 A registrant board member ceases to hold office if the registrant board member ceases to be a registrant. 3 The Lieutenant Governor in Council may, by order, terminate the appointment of a lay board member. Registrar and register for regulatory body 31 1 The board of each regulatory body must appoint a registrar and may appoint one or more deputy registrars for the regulatory body, each of whom holds office during the pleasure of the board. 2 The board may, by bylaw, authorize a deputy registrar or deputy registrars appointed under subsection (1) to exercise the powers and perform the duties of the registrar set out in the bylaws, subject to any limits or conditions specified in the bylaws. 3 The registrar must include in a register on a publicly available website maintained by or on behalf of the regulatory body, for every person granted registration or certification under this Act, the following information: a the person's name and whether the person is a registrant or a former registrant; b the category, subcategory or class of registrants in which the person is or was registered; c if the registrant is an individual, any limits or conditions imposed on the regulated practice under this Act; d if the registrant is a firm, any limits or conditions imposed on the regulated practice under this Act; e a notation of each cancellation or suspension of the person's registration, including any cancellation or suspension that i occurred or was recorded before the coming into force of this section, or ii was imposed by the regulatory body under an enactment that applied to the regulatory body before this section applied to the regulatory body; f any additional information i specified under subsection (5) by A the credentials committee in respect of conditions or limitations on the registration, or B the discipline committee, ii required under the bylaws of the regulatory body, or iii prescribed by the Lieutenant Governor in Council. 4 The registrar must cancel the registration of a registrant if a the registrant requests or consents in writing to the cancellation, b [Repealed 2022-19-14.] c notification is received of the registrant's death, or d the registration of the registrant has been cancelled under Part 6 [Protection of the Public Interest With Respect to Professional Governance and Conduct] . 5 Subject to subsection (6), either of the following may specify information that must be entered on the register: a the credentials committee, in respect of conditions or limitations on registration; b the discipline committee, in disposing of a matter under Part 6 in respect of a registrant. 6 Information required to be entered on the register in accordance with subsection (5) may be entered only after the final disposition of a matter. 7 The Lieutenant Governor in Council may make regulations a prescribing a period of time, including a minimum period of time and a maximum period of time, during which a former registrant is to be included in a list of registrants made available under subsection (3), and b in respect of any exceptions to the application of this section. Officers and committees 32 1 In addition to the registrar and any deputy registrars, a board may establish other offices and appoint other officers, including a an executive director, who must not be a board member, and b an officer other than the board chair and board vice chair, including an officer who may also be a board member. 2 A board may authorize the nomination committee, credentials committee, audit and practice review committee, investigation committee or discipline committee to exercise a power, authority or jurisdiction of the board under this Act, in addition to a power, authority or jurisdiction expressly referred to in this Act in connection with these committees, other than a bylaw-making authority. 3 Subject to section 23 (4) [board of regulatory body] , a board may establish committees, in addition to the nomination committee, credentials committee, audit and practice review committee, investigation committee and discipline committee, for a purpose consistent with this Act. 4 A board may authorize a committee established under subsection (3) to exercise a power, authority or jurisdiction of the board under this Act, other than a a bylaw-making authority, or b a power, authority or jurisdiction expressly referred to in this Act in connection with the nomination committee, credentials committee, audit and practice review committee, investigation committee or discipline committee. 5 A board may authorize a an officer to exercise a power, authority or jurisdiction of the board, other than a bylaw-making authority, under this Act, and b a committee established by the board to delegate to an officer a power, authority or jurisdiction granted to the committee by the board. 6 A board may make bylaws in respect of the following: a the appointment and termination of officers other than the board chair and the board vice chair; b the appointment and termination of members of committees; c the conduct of committee meetings, including proceedings before a committee. 7 Subject to section 23 (4), each committee of a regulatory body established under this Act must a include at least one lay committee member, b have at least one lay committee member present at every meeting, proceeding or hearing of the committee under this Act, and c have a chair who is appointed in accordance with the selection principles referred to in section 25 (1) [selection principles and criteria] . General meetings of regulatory bodies 33 1 An annual general meeting of a regulatory body must be held, at the time and place appointed by the board of the regulatory body, at least once in every calendar year and not more than 15 months after the preceding annual meeting. 2 If an annual general meeting is not held as required under subsection (1), the superintendent, on application by a registrant, may call or direct the calling of an annual general meeting. 3 The board, at any time on its own motion, may call a general meeting of the regulatory body. 4 The board must call a general meeting of the regulatory body on the written request of a 5 board members, or b the greater of the following: i 50 registrants in good standing; ii 1% of the registrants. 5 Subject to this section, the board may make bylaws governing the calling and conduct of a general meeting of the regulatory body, including the annual general meeting. Implementing resolutions of general meetings 34 1 A resolution of a general meeting of a regulatory body, including the annual general meeting, is not binding on the board of a regulatory body. 2) and (3 [Repealed 2022-19-17.] 4 The board must not implement a resolution if to do so would a be inconsistent with this Act and the regulations made under it or otherwise constitute a breach of a statutory duty, or b make, amend or repeal a bylaw of the regulatory body. Bylaws of board 35 1 Subject to the requirements of this Act and any applicable regulations, the board of a regulatory body may make bylaws in respect of the following: a the duties of board members; b the removal of a registrant board member; c the temporary appointment of a registrant board member to fill a vacancy caused by the incapacity, resignation, removal or death of a registrant board member; d the duties of the board chair and the board vice chair of the board; e the temporary appointment of a board vice chair of the board to fill a vacancy caused by the incapacity, resignation, removal or death of a board vice chair; f for certainty, any other purpose contemplated as a bylaw-making authority of the regulatory body under this Act, including bylaws that may be made under this Part, Part 4 [Registrants] and Part 6 [Protection of the Public Interest With Respect to Professional Governance and Conduct] ; g the management, duties and purposes of the regulatory body. 2 The board may make bylaws governing the conduct of the affairs of the board, including the conduct of board meetings and proceedings before the board. 3 The board may amend or repeal an existing bylaw made under a bylaw-making authority in accordance with the requirements under this Act and must promptly, by written notice, notify the superintendent of the amendment or repeal of the bylaw. 3 General Matters in Respect of Bylaws Provisions may be different in bylaws 36 Provisions in a bylaw under this Act may be different for a different classes of registrants, and b [Repealed 2022-19-19.] c different matters, classes of persons, circumstances or categories prescribed by regulation of the Lieutenant Governor in Council. Filing of bylaws 37 1 Subject to subsection (3), a bylaw made by the board of a regulatory body under a bylaw-making authority a must be delivered, in accordance with any regulations respecting the form and manner of delivery of the bylaws, to the superintendent for filing with the minister, b must be filed by the superintendent with the minister within 45 days of delivery by the board unless the superintendent considers that the bylaw is unsuitable, in accordance with any criteria prescribed by the Lieutenant Governor in Council, and c has no effect unless it is delivered to the superintendent and filed with the minister. 2 A bylaw filed under subsection (1) comes into force on the date that is the number of days prescribed by the Lieutenant Governor in Council after the date the bylaw is filed by the superintendent under subsection (1) unless a the superintendent declares, under section 38 (1) (a), that the bylaw comes into force on an earlier date, b the board withdraws the bylaw under section 38 (2), or c the superintendent disallows the bylaw under section 38 (3). 3 The Lieutenant Governor in Council may, by regulation, provide exceptions for the requirements of this section and section 38 in respect of bylaws made for different matters, classes of persons, circumstances or categories. Disallowance of bylaws 38 1 If the superintendent considers it necessary or advisable to do so, the superintendent may, by order, within 45 days after the filing of a bylaw under section 37, a declare that the bylaw or a portion of the bylaw comes into force on a specified date that is earlier than the date it would otherwise come into force under section 37 (2), or b disallow a bylaw filed under section 37 or a portion of the bylaw in accordance with subsection (3) of this section. 2 The board may, by written notice delivered to the superintendent, withdraw a bylaw or a portion of a bylaw delivered under section 37 at any time before it would otherwise come into force or before it is disallowed. 3 The superintendent must disallow a bylaw filed under section 37 if the superintendent is not satisfied that appropriate provision has been made in respect of the following: a the appointment or election of board members of a regulatory body under i section 23 [board of regulatory body] , ii section 26 [election of registrant board members] , or iii section 27 [appointment of board members] ; b the responsibilities referred to in section 22 [general duty and responsibilities of regulatory bodies] ; c the presence of required lay board members of a regulatory body in accordance with section 29 [required lay board members and quorum] . 4 The superintendent may request the board to amend or repeal an existing bylaw for its regulatory body or to make a new bylaw for its regulatory body if the superintendent is satisfied that this is necessary or advisable.

5 If the board does not comply with a request under subsection (4) within 60 days after the date of the request, the superintendent may, by order, amend or repeal the existing bylaw for a regulatory body or make a new bylaw for the regulatory body in accordance with the request. Forms established by bylaws 39 1 A bylaw made under a bylaw-making authority in this Act may authorize the registrar to establish a form that is required, under that bylaw, to be used by registrants. 2 A form established by a registrar under subsection (1) is considered to be a bylaw made by the board of a regulatory body. Copies of bylaws 40 The board of each regulatory body must a maintain a complete and accurate record of the bylaws that are in effect for the regulatory body and provide a copy of those bylaws to each registrant, b make the bylaws available for inspection by any person, free of charge, at the office of the regulatory body at all reasonable times during regular business hours, and c post the bylaws on a publicly available website maintained by or on behalf of the regulatory body. 4 Reports of Regulatory Bodies Annual report to superintendent 41 The board of each regulatory body must, on or before April 1 each year, file with the superintendent an annual report of the general operations of the regulatory body in the form and manner established by the registrar with any information required by the superintendent and as may be prescribed by the Lieutenant Governor in Council that is current to the preceding calendar year. 4 Registrants 1 Categories of Registrants Categories of registrants and bylaws for categories of registrants 42 1 A regulatory body may have categories of registrants established in accordance with a bylaw made under subsection (2) (a). 2 The board of a regulatory body may make bylaws to do the following: a establish categories of registrants, including firms and practising, non-practising, temporary, retired and honorary registrants; b establish subcategories within the categories of registrants referred to in paragraph (a); b.1 authorize registrants to provide services in respect of a regulated practice through limited liability partnerships as defined in section 83.1 [limited liability partnerships] ; b.2 establish conditions, limitations and requirements for registrants to provide services in respect of a regulated practice through limited liability partnerships as defined in section 83.1; c subject to regulations that may be made by the Lieutenant Governor in Council, determine the rights and privileges under this Act for each category of registrants referred to in paragraph (a), and for each subcategory of registrants established in accordance with a bylaw made under paragraph (b) of this subsection, including i voting rights, and ii use of titles, abbreviations or designations referred to in Part 5 [Reserved Titles and Reserved Practice] ; d establish requirements and procedures for the admission or reinstatement of registrants within a category established under paragraph (a); e set fees for registrants within a category established in accordance with a bylaw made under paragraph (a); f determine whether a person is a registrant in good standing of the regulatory body. Restricted and specialized areas of practice 43 1 Subject to regulations that may be made by the Lieutenant Governor in Council, the board of a regulatory body may make bylaws in respect of restricted areas of practice for the regulated practice as follows: a designating restricted areas of practice; b providing for the manner and extent to which a category of registrants referred to in section 42 (1), or a subcategory of registrants established in accordance with a rule made under section 42 (2) (b), may engage in a restricted area of practice. 2 Subject to regulations that may be made by the Lieutenant Governor in Council, the board may make bylaws in respect of specialized areas of practice for the regulated practice as follows: a designating specialized areas of practice; b providing that registrants of the regulatory body must not hold themselves out as specialists in these areas unless they are practising registrants who have qualified in accordance with a bylaw made under paragraph (c); c providing for the qualification of practising registrants as specialists in areas of practice designated under paragraph (a). 2 Enrolment, Admission and Reinstatement Credentials committee 44 1 The board of a regulatory body may, subject to section 23 (4) [board of regulatory body] , establish a credentials committee to a advise the board on matters falling within the scope of this Division, and b carry out other functions consistent with this Division. 2 The board may authorize the credentials committee to exercise a power, authority or jurisdiction of the board under this Division, other than a bylaw-making authority. Application for enrolment, admission or reinstatement as registrant 45 1 On receiving an application for enrolment, admission or reinstatement as a registrant of a regulatory body, the registrar of the regulatory body, or a committee authorized by the board of the regulatory body, may, in accordance with the bylaws, a grant the application, b grant the application subject to conditions or limitations on the registration, or c reject the application, with written reasons. 2 The board may vary conditions or limitations made under subsection (1) (b) if the applicant consents in writing to the variation. Enrolment of trainees 46 1 The board of a regulatory body may make bylaws to do the following: a establish requirements, including academic requirements, and procedures for the enrolment of trainees in the regulatory body's admission program for trainees; b set fees for enrolment; c establish, maintain or endorse an education program for trainees; d establish requirements for practising registrants to act as mentors or supervisors of trainees; e stipulate the duties of a practising registrant who acts as a mentor or supervisor of a trainee; f stipulate the duties of a trainee with respect to a practising registrant who acts as their mentor or supervisor. 2 Bylaws made under subsection (1) may do the following: a establish different requirements and procedures for enrolment, set different enrolment fees and establish, maintain or endorse different education programs for trainees with different specializations; b establish different requirements and stipulate different duties for practising registrants who act as mentors or supervisors for trainees with different specializations; c stipulate different duties for trainees with different specializations with respect to practising registrants who act as their mentors or supervisors. Admission and reinstatement of registrants 47 1 The board of a regulatory body may make bylaws to do the following: a establish requirements, including academic requirements, and procedures for admission as a registrant; b set fees for admission; c establish requirements and procedures for the reinstatement of former registrants; d set fees for reinstatement; e provide for examinations to assess applicants for admission or reinstatement as registrants. 2 Bylaws made under subsection (1) may do either or both of the following: a establish different requirements and procedures, set different fees and provide for different examinations for the admission of registrants with different specializations in the regulatory body; b establish different requirements and procedures, set different fees and provide for different examinations for the reinstatement of registrants with different specializations in the regulatory body. 3 If, under the Labour Mobility Act or in accordance with a prescribed trade agreement, the board of a regulatory body is required to admit a person as a registrant, the board may admit the person as a registrant in accordance with a regulations that the Lieutenant Governor in Council may make in respect of the board, including any bylaws the board must make, and b bylaws the board may make to administer the admission of the person as a registrant. Review on the record 48 1 Within 30 days of receiving notice of a decision in respect of an application in respect of a regulatory body, the applicant may apply in writing to the board of the regulatory body for a review on the record. 2 On receiving a request under subsection (1), the board or the credentials committee, if authorized by the board, may conduct a review of the record in accordance with the bylaws. 3 Despite subsections (1) and (2), if, in the opinion of the board, there are special circumstances, the board may hear evidence that is not part of the record. 4 After conducting its review, the board may a confirm the decision in respect of the application, or b substitute a decision in respect of the application, including any conditions or limitations on the registration. 5 The board may make bylaws establishing a procedures and criteria for an application for review under this section, and b the practice and procedure for proceedings before the board under this section, which may be different for reviews of different applications under section 45. Certificate of registration and seal 49 1 The registrar of each regulatory body must issue to each registrant a certificate of registration and, on payment of the annual fee, confirmation that the registrant is in good standing and has complied with this Act and the bylaws. 2 A certificate or confirmation under subsection (1) purporting to contain the signature of the registrar stating that a person is, or was at the time specified in the certificate, a registrant in good standing is proof of that fact in the absence of evidence to the contrary. 3 Subject to subsection (4), the board of the regulatory body may make bylaws a providing for the issuance of a seal to registrants in good standing, and b governing the use of the seal. 4 The Lieutenant Governor in Council may, by regulation, establish requirements in respect of the following: a bylaws made by the board under subsection (3); b the use of the seal by registrants. Fees and special assessments 50 The board of a regulatory body may make bylaws to do the following: a set the annual fee to be paid by registrants, which may be different for different specializations; b set fees, in addition to the annual fee referred to in paragraph (a), to be paid by registrants, trainees or applicants; c levy special assessments, for a purpose consistent with this Act, to be paid by registrants, trainees or applicants; d set the date by which a fee or a special assessment must be paid; e permit late payment of a fee or of a special assessment; f set a fee for late payment of a fee or of a special assessment; g determine the circumstances in which a full or partial refund of a fee or of a special assessment may be made; h waive payment of all or part of a fee or special assessment for a person whom the board wishes to honour. Cancellation or suspension of registration 50.1 1 The board of a regulatory body may make bylaws authorizing the board to suspend or cancel the registration of a registrant of the regulatory body if the registrant fails to do any of the following: a pay, within the specified period of time, a fee or a special assessment that is set or levied under a bylaw made under section 50; b complete or provide proof of completion of, within the specified period of time, a continuing education program or requirements established in a bylaw made under section 57 (1) (e) or (f) [standards of conduct and competence] ; c provide, within the specified period of time, a continuing education program established in a bylaw made under section 57 (1) (g); d make or submit a declaration within the prescribed period of time, if required to do so in a regulation made under section 59 [requirements for declarations may be prescribed] ; e cooperate with a practice review authorized by a bylaw made under section 63 (4) [audits and practice reviews] ; f participate in an audit program established under a bylaw made under section 63 (7); g pay, within the specified period of time, a penalty imposed under section 75 [discipline hearings] ; h pay, within the specified period of time, costs required to be paid under section 81 [costs] ; i perform any other requirement under this Act that is prescribed by the Lieutenant Governor in Council. 2 Bylaws under subsection (1) must establish the following: a procedures for the suspension or cancellation of a registration; b requirements and procedures for the reinstatement of a registrant whose registration has been suspended or cancelled under subsection (1). 5 Reserved Titles and Reserved Practice Exclusivity of reserved titles and right of practice of reserved practice 51 1 Registrants of a regulatory body have, in accordance with regulations that may be made by the Lieutenant Governor in Council, a the exclusive use of a reserved title as prescribed by regulation of the Lieutenant Governor in Council, if the regulatory body is listed in Schedule 2 to this Act, and b the right of practice of a reserved practice as prescribed by regulation of the Lieutenant Governor in Council, if the regulatory body is listed in Schedule 3 to this Act. 2 The Lieutenant Governor in Council may, by regulation, amend Schedules 2 and 3 to this Act. 3 Despite this section, this Act does not apply to prevent a person from assuming a title or designation a if registered as a registrant in more than one regulatory body under this Act, or b as authorized by another enactment purporting to regulate another profession or occupation. Prohibition and limitation — use of reserved titles 52 1 If a regulation under section 51 (1) (a) or 89 (2) (b) [designation of profession] prescribes a title to be used exclusively by registrants of a regulatory body listed in Schedule 2 to this Act, a person other than a registrant of the regulatory body must not use the title, an abbreviation of the title or an equivalent of the title or abbreviation in another language a to describe the person's work, b in association with or as part of another title describing the person's work, or c in association with a description of the person's work. 2 If a regulation under section 51 (1) or 89 (2) (c) prescribes a limit or condition in respect of the use of a reserved title, the reserved title must not be used except in accordance with the regulation. 3 A person other than a registrant of a regulatory body must not use a reserved title or other name, title, description or abbreviation of a name or title, or an equivalent of a reserved title or other name or title in another language, in any manner that expresses or implies that the person is a registrant or associated with the regulatory body or is authorized to practise in a profession that is subject to a reserved title. Exceptions for use of reserved titles 53 Despite section 52 (1) and (2), but subject to subsection (3) of that section, a person's use of a title prescribed under section 51 (1) (a) or 89 (2) (b), an abbreviation of the title or an equivalent of the title or abbreviation in another language is not a contravention of section 52 (1) if the person a is authorized by a body in another province or a foreign jurisdiction that regulates a profession in that other province or foreign jurisdiction to do so, b indicates, in doing so, i whether the person is authorized to practise the profession in the other province or foreign jurisdiction, and ii the name of the other province or foreign jurisdiction, and c uses the title only for the purpose of indicating whether the person is authorized to practise the profession in the other province or foreign jurisdiction. Prohibitions regarding reserved practice 54 1 If a regulation under section 51 (1) (b) or 89 (2) (d) prescribes a service as a reserved practice that may only be provided by a registrant of a particular regulatory body, a a person other than a registrant of the regulatory body must not provide the service, and b a person must not recover a fee or remuneration in respect of the provision of the service unless, at the time the service was provided, the person was a registrant of the regulatory body. 2 If a regulation under section 51 (1) (b) or 89 (2) (e) prescribes a service as a reserved practice that may only be provided by or under the supervision of a registrant of a particular regulatory body, a a person other than a registrant of the regulatory body must not provide the service unless the person does so under the supervision of such a registrant, and b a person other than a registrant of the regulatory body must not recover a fee or remuneration in respect of the provision of the service unless, at the time the service was provided, the person providing the service was supervised by such a registrant. Exceptions to prohibitions 55 Despite section 54, nothing in this Act, the regulations or the bylaws prohibits a person from practising a profession, discipline or other occupation in accordance with this Act, regulations made under this Act or another enactment. Traditional knowledge 55.1 1 In this section, Indigenous peoples has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act . 2 Section 54 does not apply to a person exercising the rights of an Indigenous people, including the right to maintain, control, protect or develop any of the following with respect to the Indigenous people: a cultural heritage; b traditional knowledge; c traditional cultural expressions; d manifestations of sciences, technologies or cultures. 6 Protection of the Public Interest With Respect to Professional Governance and Conduct 1 Standards of Conduct and Competence Definition and application 56 1 In this Part, registrant includes a former registrant. 2 In the case of a former registrant, the application of this Part is limited to the period of time when the former registrant was acting as a registrant. Standards of conduct and competence 57 1 Subject to subsections (2) and (3), the board of each regulatory body must make bylaws establishing the following: a standards of professional and ethical conduct for registrants, which standards may be different for different categories or subcategories of registrants; b standards of competence for registrants, which standards may be different for different categories or subcategories of registrants or different areas of practices; c aspects of practice that a registrant either may or must not i delegate to a non-registrant to provide or perform, or ii authorize a non-registrant to provide or perform under the supervision of a registrant; d a program to assist registrants in dealing with professional or ethical issues; e continuing education programs or requirements for qualified continuing education for individual registrants, which programs or requirements may be different for different specializations; f continuing education programs or requirements that support reconciliation with Indigenous peoples in British Columbia; g continuing education programs to be provided by registrants that are firms. 2 The bylaws made under subsection (1) must include a code of ethics that must include at least the following ethical principles: a hold paramount the safety, health and welfare of the public, including the protection of the environment and the promotion of health and safety in the workplace; b practise only in those fields where training and ability make the registrant professionally competent; c have regard for the common law and any applicable enactments, federal enactments or enactments of another province; d have regard for applicable standards, policies, plans and practices established by the government or the regulatory body; e maintain competence in relevant specializations, including advances in the regulated practice and relevant science; f provide accurate information in respect of qualifications and experience; g provide professional opinions that distinguish between facts, assumptions and opinions; h avoid situations and circumstances in which there is a real or perceived conflict of interest and ensure conflicts of interest, including perceived conflicts of interest, are properly disclosed and necessary measures are taken so a conflict of interest does not bias decisions or recommendations; i report to the regulatory body and, if applicable, any other appropriate authority, if the registrant, on reasonable and probable grounds, believes that the continued practice of a regulated practice by another registrant or other person, including firms and employers, might pose a risk of significant harm to the environment or to the health or safety of the public or a group of people; j present clearly to employers and clients the possible consequences if professional decisions or judgments are overruled or disregarded; k clearly identify each registrant who has contributed professional work, including recommendations, reports, statements or opinions; l undertake work and documentation with due diligence and in accordance with any guidance developed to standardize professional documentation for the applicable profession. 3 The Lieutenant Governor in Council may make regulations a specifying further details about the code of ethics and ethical principles described in subsection (2), b prescribing additional ethical principles that the board of a regulatory body must establish in a code of ethics for registrants, and c prescribing ethical principles that apply to a class of registrants, including firms that are registrants, that a regulatory body must include in a code of ethics made under subsection (1). 4 [Repealed 2022-19-26.] Duty to report 58 1 In this section, identified registrant means a registrant of a regulatory body who is believed to be engaged in conduct described in subsection (2) (a) or (b). 2 If a registrant has reasonable and probable grounds to believe that an identified registrant is a engaged in the regulated practice in a manner that may pose a risk of significant harm to the environment or to the health or safety of the public or a group of people, or b engaged in a matter or conduct prescribed by the Lieutenant Governor in Council, the registrant must promptly report this to the registrar of the identified registrant's regulatory body. 3 Subsection (2) applies even if the information on which the belief is based is confidential and its disclosure is prohibited under another Act. 4 If a person a terminates the employment of an identified registrant, b revokes, suspends or imposes restrictions on the privileges of the identified registrant, or c dissolves a partnership or association with the identified registrant, based on a belief described in subsection (2), the person must promptly report this in writing to the registrar of the identified registrant's regulatory body. 5 If a person intended to act as described in subsection (4) (a), (b) or (c) but the identified registrant resigned, relinquished privileges or dissolved the partnership or association before the person acted, the person must report this in writing to the registrar of the identified registrant's regulatory body. 5.1 The Lieutenant Governor in Council may, by regulation, exempt a class of persons from the requirements of this section. 6 On receiving a report under subsection (2), (4) or (5), the registrar must act under section 65 [complaints] as though the registrar had received a complaint under that section. 7 Subject to the registrar's approval, the identified registrant, if ordered under this Act to cease or restrict the regulated practice as a registrant of the regulatory body, may employ another registrant of that regulatory body to carry on the regulated practice. 2 Competence Declarations and Conflict of Interest Declarations Requirements for declarations may be prescribed 59 The Lieutenant Governor in Council may make regulations as follows: a requiring registrants to make each of the following: i a competence declaration; ii a conflict of interest declaration, regarding conflicts of interest or perceived conflicts of interest in respect of the service to be provided; b prescribing the content of declarations under this Division; c prescribing a period of time within which registrants must make a declaration; d prescribing circumstances in which registrants must submit, within a prescribed period of time, declarations to the applicable regulatory body, to the superintendent or to a prescribed person or entity; e requiring registrants or regulatory bodies to keep records of declarations for a prescribed period of time; f providing an exception to a requirement in a regulation made under this section. Registrants must make declarations 60 If a regulation made under section 59 requires a registrant to make or submit a declaration, the registrant must do the following: a make the declaration within the prescribed period of time and in the form established by the superintendent; b submit the declaration to the applicable regulatory body, the superintendent or a prescribed person or entity, as the case may be, within the prescribed period of time. Not in force. Repealed 61-62 [Not in force. Repealed 2022-19-28.] 3 Audits, Practice Reviews and Discipline Audits and practice reviews 63 1 The board of a regulatory body may, subject to section 23 (4) [board of regulatory body] , establish an audit and practice review committee to a advise the board on matters falling within the scope of this Division, and b carry out other functions consistent with this Division. 2 The board may authorize the audit and practice review committee to a exercise a power, authority or jurisdiction of the board under this section, other than a bylaw-making authority, and b appoint assessors for the purposes of an audit or practice review. 3 The board may authorize an audit to be conducted in accordance with the bylaws or an audit program as described in subsection (7). 4 The board may authorize a review of the practice of a registrant of the regulatory body to be carried out by an assessor, another officer or employee of the regulatory body or a contractor retained by the regulatory body for this purpose, if a there is reason to believe that the registrant might have i contravened this Act, the regulations or the bylaws, ii failed to comply with a standard, limit or condition imposed under this Act, iii acted in a manner that constitutes professional misconduct or conduct unbecoming a registrant, or iv acted in a manner that constitutes incompetent performance of duties undertaken while engaged in the registrant's regulated practice, or b the registrant consents. 5 If the board authorizes a practice review under subsection (4), the board may do the following: a by written notice, require a registrant of the regulatory body whose practice is being reviewed under this subsection to cooperate with the review, answer questions and provide access to information, files or records in the registrant's possession or control; b direct an assessor or other authorized person to prepare a report of the findings of the review, which, if prepared, must also be provided to the registrant whose practice was the subject of the review; c impose, in accordance with bylaws that the board may make, limits or conditions on the practice of the regulated practice by the registrant, including i restricting the practice that may be engaged in by the registrant, ii requiring that the registrant be overseen by another registrant when engaged in the regulated practice, and iii requiring that the registrant undertake additional training; d refer a report required under paragraph (b) to an assessor, another officer or a committee with directions to i consider whether or not the findings of the review might warrant action under section 66 [investigations authorized by board] , and ii advise the board or the investigation committee accordingly. 6 The board may make bylaws to do the following: a govern the initiation or conduct of a review referred to in subsection (4); b specify the nature and extent of the requirements that may be imposed on a registrant under subsection (5) (a); c govern the referral of a report under subsection (5) (d). 7 The board may make bylaws establishing an audit program to routinely or randomly assess the conduct or competence of registrants of the regulatory body. 8 The confidentiality provisions set out under section 110 [confidentiality — committee matters] apply in respect of the audit and practice review committee. Investigation committee 64 The board of a regulatory body may, subject to section 23 (4), establish an investigation committee to a advise the board on matters falling within the scope of this Division, and b carry out other functions consistent with this Division. Complaints 65 1 A person may make a complaint to the regulatory body, the board or an officer about a registrant of the regulatory body who may be a engaged in the registrant's regulated practice in an incompetent manner, or b guilty of professional misconduct, conduct unbecoming a registrant or a breach of this Act or the bylaws. 2 The board of the regulatory body may make bylaws governing the disposition of a complaint under subsection (1). 3 The registrar must advise the person who makes a complaint under subsection (1) of the disposition of the complaint. 4 The board, or an officer or a committee authorized to do so by the board, may, on the initiative of the board, the officer or the committee, or on receiving a complaint under subsection (1), authorize a practice review under section 63 or take action under section 66. 5 A registrant of the regulatory body who resigns before or after the beginning of a practice review, investigation, hearing or other proceeding under this Act remains subject to the jurisdiction of the regulatory body. Investigations authorized by board 66 1 The board of a regulatory body may do the following: a authorize an investigation into the conduct or competence of a registrant, to be carried out by a committee of the regulatory body, an officer or employee of the regulatory body, or a contractor retained by the regulatory body for this purpose, if there is reason to believe that the registrant may have been guilty of i professional misconduct, ii conduct unbecoming a registrant, or iii incompetent performance of duties undertaken while engaged in the registrant's regulated practice; b if there is reason to believe that a registrant whose conduct or competence is being investigated under this subsection possesses any information, record or thing that is relevant to the investigation, issue a written notice requiring the registrant to i cooperate with the investigation, ii answer questions, iii produce files, records or other evidence in the registrant's possession or control, and iv provide explanations on request; c if there is reason to believe that the conduct or competence of a registrant may warrant action under this subsection, issue a written notice requiring the registrant to appear before the board or the investigation committee to discuss the conduct or competence of the registrant; d issue a citation ordering a discipline hearing under section 75 [discipline hearings] to inquire into the conduct or competence of a registrant; e rescind a citation issued under paragraph (d). 2 The board may make bylaws a authorizing the board to i summarily suspend or cancel the registration of a registrant who has been convicted of an indictable offence, or ii summarily reject the application of an applicant convicted of an indictable offence, b governing the initiation or conduct of an investigation referred to in subsection (1) (a), c specifying the nature and extent of the requirements that may be imposed on a registrant in a notice issued under subsection (1) (b), d governing the initiation or conduct of an appearance before the board or the investigation committee under subsection (1) (c), and e governing the issuance or rescission of a citation. Extraordinary action to protect public 67 1 If the board of a regulatory body, or a discipline committee established under section 75 [discipline hearings] , considers the action necessary in the public interest during an investigation under section 66 (1) (a) or pending a hearing under section 75, the board may, by order and without giving the registrant an opportunity to be heard, a impose limits or conditions on the practice of the regulated practice by the registrant, or b suspend the registration of the registrant. 2 An order of the board under subsection (1) must a be in writing, b include reasons for the order, and c be delivered to the complainant, if any, and to the registrant. 3 A decision under subsection (1) is not effective until the earlier of a the time the registrant receives the notice under subsection (2), and b 3 days after the notice is mailed to the registrant at the last address for the registrant recorded in the register of the regulatory body. 4 If the board determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the registrant in writing of the cancellation as soon as possible. 5 After an order of the board is made under subsection (1), the registrar of the regulatory body must promptly notify the superintendent about the order. Investigators 68 1 An investigation committee of a regulatory body may appoint persons as investigators for the regulatory body. 2 The registrar of a regulatory body is an investigator for the regulatory body. 3 The registrar may appoint a deputy registrar of the regulatory body as an investigator for the regulatory body. Powers and duties of investigators 69 1 During regular business hours, an investigator under section 68 may, subject to any limits or conditions imposed on the investigator by the investigation committee, investigate, inquire into, inspect, observe or examine one or more of the following without a court order: a the premises, equipment and materials used by a registrant to engage in the regulated practice; b the records of the registrant relating to the registrant's regulated practice and may copy those records; c the regulated practice, as engaged in, performed by or under the supervision of the registrant. 2 The investigation committee may direct an investigator to act under subsection (1) or undertake any aspect of an investigation under section 66. 3 If an investigator acts under this section as a consequence of a direction given under subsection (2), the investigator must report the results of those actions in writing to the investigation committee. Search and seizure under court order 70 1 A person authorized by an investigation committee of a regulatory body may apply to the Supreme Court for an order that authorizes a person named in the order a to enter into the premises or land specified in the order at any reasonable time and conduct an inspection, examination or analysis, b to require the production of any record, property, assets or things and to inspect, examine or analyze them, and c on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis. 2 Unless the court otherwise directs, an application under subsection (1) may be made without notice to any person and may be heard in private. 3 On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found a that a person who is not a registrant of the regulatory body has contravened this Act, the regulations or the bylaws, or b that a person who is a registrant of the regulatory body has i contravened this Act, the regulations or the bylaws, ii failed to comply with a standard, limit or condition imposed under this Act, iii acted in a manner that constitutes professional misconduct or conduct unbecoming a registrant, or iv acted in a manner that constitutes incompetent performance of duties undertaken while engaged in the registrant's regulated practice. 4 In an order under this section, the court a must specify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized, b may include any limitations or conditions the court considers proper, including the time of entry, the disposition of things seized and the access by any person to the things seized, and c may direct that section 71 does not apply to a thing specified in the order if all limitations and conditions included under paragraph (b) are met. 5 Despite a court order made under subsection (4) (c), section 71 applies if the person who owned or controlled the thing at the time of the seizure requests in writing that section 71 be applied to the thing seized. 6 A request under subsection (5) of this section must be delivered to the investigation committee by personal service or registered mail no later than 21 days after the seizure. 7 A person who, while conducting or attempting to conduct an entry or search under this section, finds any thing not described in the order that the person has reasonable grounds to believe will provide evidence in respect of a contravention of this Act, the regulations or the bylaws may seize and remove that thing. Detention of things seized 71 1 For the purposes of subsection (2), a person who makes a seizure under section 70 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure was made unless this is not practicable. 2 On receiving a report under subsection (1), the judge must a order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or b order the thing detained if satisfied that the detention is required for the purposes of this Act. 3 An investigator may make one or more copies of any record detained under subsection (2). 4 A document purporting to be certified by a representative of an investigation committee to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document. 5 Subject to an order under section 70 (4) (b), the person from whom any thing is seized under this section or the owner of the thing, if that person is a different person, is entitled to inspect that thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the regulatory body. 6 A record must not be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either a the person from whom the record was seized consents to the continued detention of the record, or b the Supreme Court, on application and after being satisfied that the continued detention is justified, orders the continued detention of the record for a specified period of time. Reprimand or remedial action by consent 72 1 In relation to a matter investigated under section 66 (1) (a) [investigations authorized by board] , the investigation committee or the discipline committee of a regulatory body may request in writing that the registrant do one or more of the following: a undertake not to repeat the conduct to which the matter relates; b undertake educational courses specified by the audit and practice review committee; c consent to a reprimand; d undertake or consent to any other action specified by the audit and practice review committee. 2 If a consent or undertaking given under subsection (1) relates to a complaint made under section 65 [complaints] , the investigation committee or the discipline committee must, within 30 days of the consent or undertaking being given, deliver to the complainant a written summary of the consent or undertaking. 3 If a registrant refuses to give an undertaking or consent requested under subsection (1), or if a registrant fails to comply with an undertaking or consent given in response to a request under subsection (1), the board may direct the registrar to issue a citation for a hearing by the discipline committee regarding the matter. Consent orders 73 1 The investigation committee or the discipline committee of a regulatory body may, before the commencement of the discipline hearing, propose, in writing, to the person who is the subject of an investigation under section 66 (1) that a consent order be made for the voluntary resolution of one or more matters that may otherwise be dealt with at the discipline hearing. 2 A consent order is made if a the person who is the subject of an investigation under section 66 (1) accepts the proposal of the investigation committee or the discipline committee under subsection (1) of this section, or b an agreement is reached under section 74 (2) between the person who is the subject of an investigation under section 66 (1) and the investigation committee or the discipline committee. 3 A consent order made under subsection (2) (a) must contain a the terms set out in the proposal made by the investigation committee or discipline committee under subsection (1), b one or more admissions by the person who is the subject of the investigation in relation to one or more of the matters to be dealt with at the discipline hearing, and c one or more of the actions taken or penalties imposed in section 75 (3) to (7) [discipline hearings] . 4 A consent order made under subsection (2) has the same effect as an action taken or penalty imposed under section 75. 5 After a consent order is made under subsection (2), no further action may be taken under this section and section 75 with respect to the matters contained in the consent order. 6 If the person to whom a proposal under subsection (1) is made rejects the proposal, a an investigation under section 66 in respect of the matters contained in the proposal must proceed as though the proposal had not been made, and b the discipline committee conducting a hearing under section 75 must not consider the admissions contained in the proposal or the terms of the proposal in determining the matters or in taking an action or imposing a penalty in respect of the matters. Alternative complaint resolution 74 1 At any time, a person who is the subject of an investigation under section 66 (1), the registrar of a regulatory body and the investigation committee or the discipline committee, as applicable, may agree that alternative complaint resolution, as provided in the bylaws, will commence between the person who is the subject of the investigation and the applicable committee in respect of one or more matters to be dealt with at the hearing. 2 If the person who is the subject of the investigation, the registrar and the investigation committee or the discipline committee, as applicable, reach an agreement in respect of one or more of the matters to be dealt with at the hearing, a consent order may be made under section 73 (2) (b) on the terms set out in the agreement. 3 No further action may be taken under this section and section 75 with respect to a matter referred to in subsection (1) of this section unless the registrar and the investigation committee or the discipline committee, as applicable, determine that an agreement in respect of the matter cannot be reached within a reasonable period of time. 4 If the registrar and the investigation committee or the discipline committee, as applicable, determine that an agreement in respect of a matter referred to in subsection (1) cannot be reached within a reasonable period of time, a an investigation under section 66 in respect of the matter must proceed, and b the discipline committee conducting a hearing under section 75 must not consider the information disclosed during the alternative complaint resolution process in determining the matters or in taking an action or imposing a penalty in respect of the matters. Discipline hearings 75 1 The board of a regulatory body may, subject to section 23 (4) [board of regulatory body] , establish a discipline committee to a advise the board on matters falling within the scope of this Division, and b carry out other functions consistent with the role of the discipline committee under this Division. 2 This section applies to the hearing of a citation. 3 A hearing must be conducted in accordance with section 77 [discipline committee to conduct hearings] . 4 The discipline committee must a make determinations and take action according to this section, b give written reasons for a determination about the conduct or competence of the respondent and an action taken against the respondent, and c record in writing an order for costs. 5 After a hearing, the discipline committee must do one of the following: a dismiss the citation; b determine that the respondent has committed one or more of the following: i professional misconduct; ii conduct unbecoming a registrant; iii incompetent performance of duties undertaken while engaged in the registrant's regulated practice. 6 If, under subsection (5), an adverse determination is made against a respondent, other than a trainee, the discipline committee must do one or more of the following: a reprimand the respondent; b impose a penalty on the respondent in an amount that is, i in the case of an individual, not more than $100 000, and ii in the case of a firm, not more than $250 000; c impose conditions on the respondent's registration as a registrant of the regulatory body; d suspend the respondent's registration in the regulatory body i for a specified period of time, ii until the respondent complies with a requirement under paragraph (f), or iii for a specified minimum period of time and until the respondent complies with a requirement under paragraph (f); e cancel the respondent's registration in the regulatory body; f require the respondent to i complete a remedial program to the satisfaction of the board or the audit and practice review committee, or ii appear before a committee established by the board and satisfy the committee that the respondent is competent to practise the registrant's regulated practice. 7 If, under subsection (5), an adverse determination is made against a trainee, the discipline committee may do one or more of the following: a require that the trainee undertake further training; b reprimand the trainee; c impose a penalty on the trainee in an amount not exceeding $2 000; d cancel the enrolment of the trainee. 8 After a hearing, the registrar of the regulatory body must promptly a notify the superintendent about the disposition of the hearing, b update the online register maintained under section 31 [registrar and register for regulatory body] , and c publish information about the disposition of the hearing on a website maintained by or on behalf of the regulatory body in the form and manner required by the superintendent or in accordance with regulations that may be made by the Lieutenant Governor in Council. 9 A penalty imposed under this Act may be recovered as a debt owing to the regulatory body and, when collected, is the property of the regulatory body.

10 If the Lieutenant Governor in Council makes regulations in respect of the publication of prescribed information about a hearing under this section, including publication of prescribed information about the hearing on a website maintained by or on behalf of the regulatory body, the regulatory body a must publish the prescribed information in the form, manner and time period required by the regulations, and b may make bylaws in respect of the publication. Conduct in another jurisdiction 76 1 In this section: conduct of concern means, as applicable, a professional misconduct, b conduct unbecoming a registrant, or c incompetent performance of duties undertaken while engaged in the regulated practice; different governing body means a a professional regulator or regulatory body other than the applicable regulatory body, or b a body, in a jurisdiction outside Canada, that regulates a profession in that jurisdiction. 2 A discipline committee of a regulatory body may make an order under section 75 (5) respecting a registrant without issuing a citation under section 66 (1) (d) [investigations authorized by board] or conducting a hearing under section 75 if the discipline committee learns that a different governing body has found, or the registrant has admitted to a different governing body, that the registrant committed an act that, in the opinion of the discipline committee, would constitute conduct of concern under this Act. 3 The discipline committee may take action under subsection (2) a regardless of whether the act referred to in that subsection was committed before or after the registrant was registered under Division 2 [Enrolment, Admission and Reinstatement] of Part 4 [Registrants] , and b only after giving the registrant i notice of the proposed action, in accordance with the bylaws, ii a copy of the record of the relevant decision or findings made or action taken by the different governing body, and iii an opportunity to be heard, which may be limited to a hearing in writing. 4 If the discipline committee makes an order under subsection (2), section 75 applies as if a determination had been made by the discipline committee under section 75 (4). 5 For the purposes of this section, a certified copy of a record of the decision or findings made or action taken by the different governing body in respect of a registrant is proof, in the absence of evidence to the contrary, of the findings made or the action taken, without proof of the signature of the person purporting to have signed on behalf of that different governing body. Discipline committee to conduct hearings 77 1 A discipline committee of a regulatory body may establish panels to conduct hearings under section 75 in accordance with the bylaws. 2 A panel established under subsection (1) must include at least one lay member, who is not a registrant, and may exercise any power or authority a discipline committee may exercise under this Act. 3 The board of the regulatory body may make bylaws a for the appointment and composition of panels, b for the practice and procedure for hearings, and c providing for oral or written hearings. 4 A discipline committee or panel may order an applicant or respondent who is the subject of a hearing under section 75 to do either or both of the following: a give evidence on oath or by affirmation; b at any time before or during a hearing, produce all files, records or other information in the possession of that person that may be relevant to a matter under consideration. Failure to attend 78 1 This section applies if an applicant or respondent fails to attend or remain in attendance at a discipline hearing under section 75. 2 If satisfied that the applicant or respondent has been notified of a hearing referred to in subsection (1), the discipline committee of a regulatory body or the panel, as applicable, may proceed with the hearing in the absence of the applicant or respondent and make any order that the discipline committee or panel could have made in the presence of the applicant or respondent. Right to counsel 79 1 An applicant or respondent may appear with counsel at a discipline hearing under section 75. 2 The board, an employee or officer or a committee of a regulatory body may employ or retain legal or other assistance in exercising any power, authority or jurisdiction conferred under this Act, including the conduct of an audit, practice review or discipline investigation or the issuance of a citation, and may be represented by counsel at a discipline hearing under section 75. 3 A discipline committee or panel may employ or retain legal or other assistance in conducting a hearing. Witnesses 80 1 For the purposes of a discipline hearing under section 75 of this Act, the following provisions of the Administrative Tribunals Act apply to the panel: a section 34 (3) and (4) [power to compel witnesses and order disclosure] ; b section 48 [maintenance of order at hearings] ; c section 49 [contempt proceeding for uncooperative witness or other person] . 2 A regulatory body or a respondent may apply to the Supreme Court, without notice to anyone, for an order that a subpoena in the form set out in the Supreme Court Civil Rules be issued to compel the attendance of a person as a witness at a discipline hearing under section 75 of this Act. 3 The Supreme Court Civil Rules in respect of the following apply to a person who is the subject of an order under subsection (2) of this section: a the use of a subpoena to compel a person to attend at the trial of an action; b failure to obey a subpoena or an order of the court. Costs 81 1 A discipline committee or panel, in the context of a discipline hearing under section 75, may require the respondent to pay the costs of one or both of the following: a an investigation; b the hearing under section 75. 2 Costs assessed under subsection (1) a must not exceed the actual costs incurred by the regulatory body during the course of the investigation and hearing, and b may include the salary costs for employees or officers engaged in the investigation and hearing. 3 The board may make bylaws governing the assessment of costs under subsection (1), including the following: a the factors to be considered in assessing costs; b the maximum amount of costs that may be assessed within the limits set out in subsection (2); c the time allowed for payment of costs; d the extension of time for payment of costs. 4 The amount of costs assessed against a respondent under subsection (1) may be recovered as a debt owing to a regulatory body and, when collected, that amount is the property of the regulatory body. Time limit for judicial review 81.1 1 In this section, statutory power means a statutory power as defined in the Judicial Review Procedure Act , other than a power to make a regulation or a bylaw. 2 An application for judicial review of a decision in respect of the exercise of a statutory power under this Division or under section 48 [review on the record] must be brought within 60 days of the date the applicant receives written notice of the decision. 3 Despite subsection (2), either before or after expiration of the period of time in that subsection, the court may extend the period of time for bringing the application, on terms the court considers proper, if it is satisfied that a there are serious grounds for relief, b there is a reasonable explanation for the delay, and c no substantial prejudice or hardship will result to a person affected by the delay. 4 Other Matters Information to be publicly available 82 1 The board of each regulatory body must, in accordance with this section and any regulations made under subsection (4), make bylaws about information that is to be made publicly available by the regulatory body in respect of the following: a discipline hearings; b consent orders; c any other matter prescribed by regulation. 2 The information described in subsection (1) is to be made publicly available on a website maintained by or on behalf of the regulatory body and published in the form, manner and time period required by the bylaws. 3 Information that is to be made public must include the following: a if a registrant's conduct is at issue, the name of the registrant; b the fact that a citation is issued; c any other information prescribed by regulation of the Lieutenant Governor in Council. 4 The Lieutenant Governor in Council may make regulations in respect of a any exceptions in respect of the application of this section, and b any other matter relating to information that is to be made publicly available under this section. If registration of firm as registrant suspended or cancelled 83 1 A decision to suspend or cancel, as applicable, the registration of a registrant of a regulatory body that is a firm under the following sections may, by order of the Lieutenant Governor in Council, be rescinded, varied or substituted: a section 67 [extraordinary action to protect public] ; b section 75 [discipline hearings] . 2 The Lieutenant Governor in Council may, by order, impose limits or conditions on the regulated practice by a registrant that is a firm if the decision to suspend or cancel the firm's registration is rescinded, varied or substituted under subsection (1). 3 An order by the Lieutenant Governor in Council under this section a is not limited to the same considerations taken into account in the decision referred to in subsection (1) to suspend or cancel the registration, and b does not affect any other provisions under this Act that apply in respect of the registrant. Limited liability partnerships 83.1 1 In this section, limited liability partnership means a partnership registered as a limited liability partnership under Part 6 of the Partnership Act . 2 The liability of a registrant for the registrant's own professional negligence is not affected by the fact that the registrant is providing services in respect of a regulated practice through a limited liability partnership. 3 The application of the provisions of this Act and the regulations and the bylaws of a regulatory body is not affected by a registrant's relationship to a limited liability partnership as a partner, employee or contractor. 7 Applicable Regulatory Bodies 1 Specified Regulatory Bodies Continued as Regulatory Bodies Under This Act Specified regulatory bodies continued as regulatory bodies under this Act 84 1 The British Columbia Institute of Agrologists continued under the Agrologists Act , S.B.C. 2003, c. 13, is continued as a regulatory body under this Act and a its bylaws continue as bylaws made under this Act, except to the extent that they are inconsistent with this Act, b its board is continued as a board under this Act, c each individual who is a board member of the board continued under paragraph (b) is continued as a board member under this Act, d its registrar is continued as a registrar under this Act, and e its registered members of the institute continue as registrants under this Act. 2 The Applied Science Technologists and Technicians of British Columbia continued under the Applied Science Technologists and Technicians Act , R.S.B.C. 1996, c. 15, is continued as a regulatory body under this Act and a its bylaws continue as bylaws made under this Act, except to the extent that they are inconsistent with this Act, b its board is continued as a board under this Act, c each individual who is a board member of the board continued under paragraph (b) is continued as a board member under this Act, d its registrar is continued as a registrar under this Act, and e its registered members continue as registrants under this Act. 3 The College of Applied Biology established under the College of Applied Biology Act , S.B.C. 2002, c. 68, is continued as a regulatory body under this Act and a its bylaws continue as bylaws made under this Act, except to the extent that they are inconsistent with this Act, b its board is continued as a board under this Act, c each individual who is a board member of the board continued under paragraph (b) is continued as a board member under this Act, d its registrar is continued as a registrar under this Act, and e its registered members of the college continue as registrants under this Act. 4 The Association of Professional Engineers and Geoscientists of the Province of British Columbia continued under the Engineers and Geoscientists Act , R.S.B.C. 1996, c. 116, is continued as a regulatory body under this Act and a its bylaws continue as bylaws made under this Act, except to the extent that they are inconsistent with this Act, b its board is continued as a board under this Act, c each individual who is a board member of the board continued under paragraph (b) is continued as a board member under this Act, d its registrar is continued as a registrar under this Act, and e its registered members continue as registrants under this Act. 5 The Association of British Columbia Forest Professionals continued under the Foresters Act , S.B.C. 2003, c. 19, is continued as a regulatory body under this Act and a its bylaws continue as bylaws made under this Act, except to the extent that they are inconsistent with this Act, b its board is continued as a board under this Act, c each individual who is a board member of the board continued under paragraph (b) is continued as a board member under this Act, d its registrar is continued as a registrar under this Act, and e its registered members continue as registrants under this Act. 6 Each individual who is a board member of a board continued under this section may continue as a board member under this Act until the earliest of the following: a the expiry of the term of the appointment or term of office that applied on the day of the coming into force of this section; b the resignation or disqualification of the board member; c the expiry of the term that applies to the board member under section 24 [term limits] of this Act; d the appointment or term of office otherwise ends before its expiration. 2 Designating Professions Application for designation 85 1 A professional regulator or professional organization seeking designation of its profession under this Act must apply to the superintendent. 2 An application under subsection (1) must be in the form and contain the information required by the superintendent and must be submitted with the fee prescribed by the Lieutenant Governor in Council. 3 On receiving an application under subsection (1), the superintendent may a refuse the application without assessment, or b conduct an assessment the superintendent considers necessary to determine whether the profession should be designated under this Act. Assessment regarding possible designation 86 1 The superintendent may, in the absence of an application under section 85 (1), conduct an assessment of a profession to determine whether it should be designated under this Act. 2 If the superintendent decides to conduct an assessment under subsection (1) or section 85 (3) (b) to determine whether a profession should be designated under this Act, the superintendent must give public notice of the assessment in the Gazette and on a website maintained by or on behalf of the superintendent. 3 Without limiting an assessment under this Act, other than an assessment under Division 3 [Amalgamation of Regulatory Bodies] , the superintendent may do one or more of the following for the purposes of the assessment: a require the professional regulator or professional organization to provide further information; b examine the directors and officers of the professional regulator or professional organization; c seek the advice of other professional regulators, professional organizations or persons; d if the superintendent considers the action to be in the best interests of the professional regulator or professional organization or of the public, hold hearings the superintendent considers necessary in a manner the superintendent determines; e take other actions the superintendent considers necessary and incidental to the consideration of the application or matter. 4 If the superintendent holds a hearing under subsection (3) (d), the superintendent may order a person to a attend the hearing, b give evidence, and c produce records in the possession of or under the control of the person. 5 On application by the superintendent to the Supreme Court, a person who fails to attend or to produce records as required by an order under subsection (4) is liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court. 6 Subject to the regulations, the superintendent may charge to a professional regulator or professional organization part of the costs, including the administrative costs, incurred by the superintendent to conduct an assessment regarding the professional regulator's or professional organization's application under section 85 (1). Assessment and recommendation respecting designation of profession 87 1 If the superintendent conducts an assessment under section 85 (3) (b) [application for designation] or 86 (1) in respect of a profession, the superintendent must provide a report to the minister that includes the following: a a recommendation respecting whether the profession should be designated by regulation under section 89 (1) [designation of profession] ; b if the superintendent recommends that the profession be designated, a recommendation respecting which one of the following sections should apply: i section 90.1 [new regulatory body established under this Act] ; ii section 90.2 [continuation of professional regulator as regulatory body under this Act] ; iii section 90.4 [existing regulatory body to be responsible for designated profession] . 2 Before providing a report to the minister under subsection (1), the superintendent must do the following: a consider at least the following matters: i the degree of risk to the environment and to the health or safety of the public from incompetent, unethical or impaired practice of the profession; ii the degree of supervision necessary or desirable in respect of a person practising the profession; iii the degree of supervision that a person practising the profession receives or is likely to receive with respect to that practice; iv the educational programs that exist in British Columbia or elsewhere for the proper education and training of persons with respect to the practice of the profession and the contents of those programs; v any information obtained during the assessment; vi any prescribed criteria respecting matters of public interest that must be considered by the superintendent; b provide a copy of the report to the following, as applicable: i the professional regulator or professional organization that made the application to the superintendent under section 85 (1); ii the professional regulator that governs the profession in respect of which the superintendent conducted the assessment; iii a professional organization that, in the opinion of the superintendent, is closely associated with the profession in respect of which the superintendent conducted the assessment; c give the applicable professional regulator or professional organization referred to in paragraph (b) an opportunity to be heard. 3 The minister must a consider the report provided to the minister under subsection (1), b decide whether it would be in the public interest to recommend to the Lieutenant Governor in Council that the profession be designated by regulation under section 89 (1), and c if the minister makes a recommendation to the Lieutenant Governor in Council under paragraph (b), include a recommendation respecting which one of the following sections should apply: i section 90.1; ii section 90.2; iii section 90.4. 4 The minister must, in relation to the minister's decision under subsection (3) (b) and, if applicable, the minister's recommendation under subsection (3) (c), provide written reasons to the applicable persons referred to in subsection (2) (b). 5 The superintendent must publish the minister's written reasons under subsection (4) on a publicly accessible website maintained by the superintendent. 6 For certainty, if the minister decides not to make a recommendation to the Lieutenant Governor in Council that a profession be designated under section 89 (1), an application made to the superintendent under section 85 (1) in respect of the designation of the profession is deemed to have been refused. Regulations in respect of applications for designation 88 The Lieutenant Governor in Council may make regulations in respect of the following: a fees, or rates or levels of fees, to be submitted with an application under section 85 (1); b limits on the superintendent's authority to charge costs under section 86 (6). c [Repealed 2023-49-8.] Designation of profession 89 0.1 [Repealed 2023-49-9.] 1 The Lieutenant Governor in Council may, by regulation, designate a profession for the purposes of this Act. 1.1 In a regulation made under subsection (1), the Lieutenant Governor in Council must do one of the following: a specify i that a new regulatory body is to be established under section 90.1 [new regulatory body established under this Act] , ii the date on which the establishment of the new regulatory body is to have effect, iii the name that must be used by the new regulatory body, and iv if applicable, the name of the professional regulator that, as of the date under subparagraph (ii), will cease to be responsible for the governance of the designated profession; b specify i the professional regulator that is to be continued as a regulatory body under section 90.2 [continuation of professional regulator as regulatory body under this Act] , ii the date on which the continuation is to have effect, and iii the name that must be used by the regulatory body, if the name is not the same as the name of the professional regulator; c specify i the existing regulatory body that, under section 90.4 [existing regulatory body to be responsible for designated profession] , is to be responsible for carrying out the objects of this Act in respect of the designated profession, ii the date on which responsibility is to commence, and iii if applicable, the name of the professional regulator that, as of the date under subparagraph (ii), will cease to be responsible for the governance of the designated profession. 2 In respect of a designated profession, the Lieutenant Governor in Council may, by regulation, prescribe the following matters: a [Repealed 2023-49-9.] b one or more titles to be used exclusively by registrants in accordance with Part 5 [Reserved Titles and Reserved Practice] ; c limits or conditions in respect of the use of titles prescribed under paragraph (b) in accordance with Part 5; d services that may be provided only by registrants in accordance with Part 5; e services that may be provided under the supervision of a registrant by a person who is not a registrant; f services that may be provided by a registrant despite a limitation or prohibition, including a limitation or prohibition under another enactment; g restricted activities that may be performed by registrants in the course of providing services referred to in paragraphs (d) to (f) in accordance with section 43 (1) [restricted and specialized areas of practice] ; h limits or conditions on the performance of restricted activities referred to in paragraph (g); i requirements under this Act from which the regulatory body prescribed for the profession is exempted; j matters in respect of which the regulatory body prescribed for the profession may not make bylaws. 3 A designation under subsection (1) and regulations under subsection (2) may recognize that 2 or more professions are included in the designation. 4 If subsection (3) applies, this Act, the regulations or the bylaws of the regulatory body responsible for carrying out the objects of this Act in respect of the designated professions may be applied to a each designated profession separately, or b 2 or more designated professions jointly. 5 Subject to subsection (6), notice of a proposal to make, amend or repeal a regulation under this section must be given to the regulatory body of each profession prescribed by the Lieutenant Governor in Council for the purpose of this subsection. 6 A notice under subsection (5) must be given to the regulatory body a at least 3 months before the regulation, amendment or repeal comes into force, or b if the Lieutenant Governor in Council prescribes a shorter notice period, within that shorter period. 2.1 Establishment of Regulatory Bodies and Continuation of Professional Regulators as Regulatory Bodies Repealed 90 [Repealed 2023-49-11.] New regulatory body established under this Act 90.1 If a regulation under section 89 (1) [designation of profession] specifies that this section applies in respect of a designated profession, a a corporation responsible for carrying out the objects of this Act is, on the date specified in the regulation, established as a regulatory body under this Act in respect of the designated profession, b the regulatory body must, on the date specified in the regulation, assume responsibility for carrying out the objects of this Act, and c if applicable, the professional regulator referred to in the regulation must, on the date specified in the regulation, cease to hold responsibility for carrying out the objects of this Act. Continuation of professional regulator as regulatory body under this Act 90.2 If a regulation under section 89 (1) [designation of profession] specifies that this section applies in respect of a designated profession, the specified professional regulator, effective on the date specified in the regulation, is a continued as a regulatory body under this Act, and b responsible for carrying out the objects of this Act in respect of the designated profession. Regulations respecting establishment or continuation 90.3 1 In this section: affected professional regulator , in relation to a designated profession, means the professional regulator under section 89 (1.1) (b) (i) [designation of profession] ; pre-existing Act means the Act, if any, under which an affected professional regulator is responsible for the governance of a profession. 2 The Lieutenant Governor in Council may make regulations in respect of any matters necessary for the following: a facilitating the establishment of a regulatory body under section 90.1 [new regulatory body established under this Act] ; b facilitating the continuation of an affected professional regulator as a regulatory body under section 90.2; c facilitating the transition from the operation of a pre-existing Act to the operation of this Act; d facilitating the cessation, by an affected professional regulator, of responsibility for the governance of the profession; e meeting or removing any difficulties encountered in respect of paragraphs (a), (b), (c) and (d), and for that purpose disapplying or varying any provision of i this Act, or ii a pre-existing Act. 3 The authority to make or amend a regulation under subsection (2), but not the authority to repeal a regulation made under that subsection, ends 3 years after the applicable date under section 89 (1.1) (a) (ii) or (b) (ii). 4 If a regulation is made under section 89 (1) in respect of the designation of a profession, the Lieutenant Governor in Council may, by regulation, repeal the pre-existing Act or provisions of the pre-existing Act. 2.2 Existing Regulatory Bodies to Be Responsible for Designated Professions Existing regulatory body to be responsible for designated profession 90.4 1 In this section: affected professional regulator , in respect of a designated profession, means a professional regulator under section 89 (1.1) (c) (iii) [designation of profession] ; pre-existing Act means the Act, if any, under which an affected professional regulator is governed. 2 If a regulation under section 89 (1) specifies that an existing regulatory body is, under this section, to be responsible for carrying out the objects of this Act in respect of a designated profession, a the regulatory body must, on the date specified in the regulation, assume responsibility for carrying out the objects of this Act, and b if applicable, the affected professional regulator must, on the date specified in the regulation, cease to hold responsibility for carrying out the objects of this Act. 3 The Lieutenant Governor in Council may make regulations necessary for the following: a facilitating the assumption, by a regulatory body, of responsibility for carrying out the objects of this Act; b facilitating the cessation, by an affected professional regulator, of responsibility for the governance of a designated profession; c facilitating the transition from the operation of a pre-existing Act to the operation of this Act; d meeting or removing any difficulties encountered in respect of paragraphs (a), (b) and (c), and for that purpose disapplying or varying any provision of i this Act, or ii a pre-existing Act. 4 The authority to make or amend a regulation under subsection (3), but not the authority to repeal a regulation made under that subsection, ends 3 years after the applicable date under section 89 (1.1) (c) (ii). 5 If a regulation is made under section 89 (1) in respect of the designation of a profession, the Lieutenant Governor in Council may, by regulation, repeal the pre-existing Act or provisions of the pre-existing Act. 3 Amalgamation of Regulatory Bodies Definitions and interpretation 91 1 In this Division: amalgamated regulatory body means the regulatory body that results from an amalgamation of 2 or more regulatory bodies or, if applicable, professional regulators or professional organizations, under this Division; amalgamation date means, subject to subsection (2), the date on which the amalgamation of 2 or more regulatory bodies or, if applicable, professional regulators or professional organizations, under this Division occurs; former body , in relation to an amalgamated regulatory body, means a regulatory body or, if applicable, professional regulator or professional organization, that is amalgamating, or has amalgamated, under this Division with another regulatory body or, if applicable, professional regulator or professional organization, to form the amalgamated regulatory body; officer means a a registrar, deputy registrar or inspector, or b an assessor appointed in respect of an audit, a practice review or a similar quality assurance program. 2 For the purposes of this Division, if a time is set under section 93 (1) (b) [amalgamation] , a reference to the amalgamation date is to be read as a reference to that time on the amalgamation date. Determination of whether to amalgamate regulatory bodies 92 1 On request of the regulatory bodies to be amalgamated or on the initiative of the superintendent, the superintendent may determine whether 2 or more regulatory bodies should be amalgamated under this Division and the amalgamation may proceed with or without an investigation. 2 Without limiting an assessment under this Division, the superintendent may do one or more of the following for the purposes of an assessment: a require a regulatory body to provide information; b examine registrants of the board and the registrar of a regulatory body; c seek the advice of an organization or person; d do other things that the superintendent considers necessary and incidental to the consideration of the matter. 3 If the superintendent conducts an examination under subsection (2) (b), the superintendent may order a person to a attend the examination, b give evidence, and c produce records in the possession of or under the control of the person. 4 In determining whether 2 or more regulatory bodies should be amalgamated under this Division, the superintendent must a have regard to any information obtained through a request or an investigation made under subsection (1), and b make the determination in accordance with the prescribed criteria, if any. 5 If the superintendent determines that 2 or more regulatory bodies should be amalgamated under this Division, the superintendent must recommend amalgamation to the Lieutenant Governor in Council. 6 If the superintendent determines that 2 or more regulatory bodies should not be amalgamated under this Division, and if the superintendent received a request to amalgamate or acted under subsection (2) (a) or (b), the superintendent must refuse the request and provide reasons for the refusal to the regulatory body that made the request or was subject to the action. 7 The Lieutenant Governor in Council may make regulations in respect of the criteria to be applied under subsection (4) (b). Amalgamation 93 1 Subject to section 92 (1), the Lieutenant Governor in Council may, by regulation, a specify that 2 or more regulatory bodies are amalgamated into one regulatory body, and b set the date and, if the Lieutenant Governor in Council considers it necessary or advisable, the time of the amalgamation. 2 On amalgamation, the regulatory bodies specified under subsection (1) (a) of this section continue under this Act as one corporation consisting of a the board established under section 23 [board of regulatory body] , and b the persons who are registrants of the amalgamated regulatory body. 3 Subject to subsection (4), notice of a proposal to make, amend or repeal a regulation under this section must be given to the regulatory body of each profession prescribed by the Lieutenant Governor in Council for the purpose of this subsection. 4 A notice under subsection (3) must be given to the regulatory body a at least 3 months before the regulation, amendment or repeal comes into force, or b if the Lieutenant Governor in Council specifies a shorter notice period, within that shorter period. Property and obligations on amalgamation 94 1 When regulatory bodies are amalgamated under this Division into an amalgamated regulatory body, a the amalgamated regulatory body may continue to exercise a power or perform a duty that a former body began to exercise or to perform, but did not complete, before the amalgamation date, b the property, rights and interests of each former body continue to be the property, rights and interests of the amalgamated regulatory body, c the records and confidential information in the possession of or under the control of a former body as of the amalgamation date are deemed to be the records and confidential information in the possession of or under the control of the amalgamated regulatory body, d a reference to a former body in any commercial paper, contract, lease, licence, certificate of authorization or other instrument or document is deemed to be a reference to the amalgamated regulatory body, e the amalgamated regulatory body continues to be liable for the obligations of each former body, f an existing cause of action, claim or liability to prosecution is unaffected, g a legal proceeding being prosecuted or pending by or against a former body may be prosecuted, or its prosecution may be continued, by or against the amalgamated regulatory body, and h a conviction against, or a ruling, order or judgment in favour of or against, a former body may be enforced by or against the amalgamated regulatory body. 2 An amalgamation does not constitute an assignment by operation of law, a transfer or any other disposition of the property, rights and interests of a former body to the amalgamated regulatory body. 3 A person does not contravene section 109 (1) [confidentiality — general] or 110 [confidentiality — committee matters] if the person discloses, to a person exercising powers or performing duties on behalf of an amalgamated regulatory body, matters or things that came to the first person's knowledge while that person was exercising similar powers or performing similar duties on behalf of a former body. Governance on amalgamation 95 1 When regulatory bodies are amalgamated under this Division into an amalgamated regulatory body, all of the following occur on the amalgamation date: a the board members for each former body cease to hold office; b the terms of the members of the first board for the amalgamated regulatory body begin; c the bylaws of each former body may be replaced by the bylaws for the amalgamated regulatory body; d the initial bylaws of the amalgamated regulatory body take effect, as made by that regulatory body's first board in accordance with the board's power to make bylaws under this Act for the regulatory body, which may continue, amend or repeal the bylaws of the former bodies; e subject to section 96 (2) to (4) and a bylaw made under section 96 (5), i the officers for each former body cease to hold office, and ii the committees for each former body are disestablished; f the registrar appointed under section 31 [registrar and register for regulatory body] begins to hold office. 2 Sections 37 (1) (c) [filing of bylaws] and 38 [disallowance of bylaw] do not apply for the purpose of making the initial bylaws described in subsection (1) (d) of this section but do apply for the purpose of amending or repealing those bylaws after they take effect. 3 For the purposes of providing an orderly transition from former bodies to an amalgamated regulatory body, the superintendent must appoint, a under section 23 [board of regulatory body] , the members of the first board for the amalgamated regulatory body, and b the first registrar for the amalgamated regulatory body. 4 For the purposes of providing an orderly transition from former bodies to an amalgamated regulatory body, a the superintendent may, by order, appoint one or more persons to exercise the powers and perform the duties of a board of a former body, and b subject to any limit or condition set by the superintendent, a person appointed under paragraph (a) i has all of the powers, duties, rights and obligations of the board for the former body, to the extent that those powers, duties, rights and obligations relate to the amalgamation, and ii may, before the amalgamation date, exercise a power and perform a duty referred to in subparagraph (i). 5 On amalgamation of an amalgamated regulatory body under this Division, the Lieutenant Governor in Council may, by regulation, a repeal an Act, or provisions of the Act, that governed the former bodies, and b subject to subsection (6), address transitional matters related to the amalgamated regulatory body in accordance with the transitional regulation-making authority described in section 129 (1) and (2) [transitional regulations] . 6 The authority to make or amend a regulation under subsection (5) (b), but not the authority to repeal a regulation under that subsection, ends 3 years after the amalgamation date. Powers and duties in progress 96 1 Subject to subsections (2) to (4), when regulatory bodies are amalgamated under this Division into an amalgamated regulatory body, the officers and committees for the amalgamated regulatory body may exercise any power and perform any duty under this Act that an officer holding the same title with, or a committee having the same mandate of, a former body a began to exercise or to perform, but did not complete, before the amalgamation date, or b could have exercised with respect to a discipline matter referred to in Division 3 [Audits, Practice Reviews and Discipline] of Part 6 [Protection of the Public Interest With Respect to Professional Governance and Conduct] that is alleged to have existed or occurred, but was not investigated, before the amalgamation date. 2 If a discipline committee for a former body, or a committee of the former body with similar duties and powers, commenced a hearing before the amalgamation date, that committee is deemed to be a discipline committee for the amalgamated regulatory body for the purpose of continuing the hearing on and after the amalgamation date. 3 If an investigation committee for a former body, or a committee of the former body with similar duties and powers, commenced an investigation before the amalgamation date, that committee is deemed to be an investigation committee for the amalgamated regulatory body for the purpose of continuing the investigation on and after the amalgamation date. 4 If an audit and practice review committee for a former body, or a committee of the former body with similar duties and powers, commenced an assessment before the amalgamation date, that committee is deemed to be an audit and practice review committee for the amalgamated regulatory body for the purpose of continuing the assessment on and after the amalgamation date. 5 The board of an amalgamated regulatory body may make a bylaw, subject to any limits or conditions the board considers necessary or advisable, authorizing an officer or a committee for a former body to continue to exercise a power or to perform a duty that the officer or the committee began to exercise or to perform, but did not complete, before the amalgamation date. 6 If a bylaw is made under subsection (5), the authorized officer or committee is deemed to be an officer or a committee for the amalgamated regulatory body for the purpose of continuing to exercise a power or to perform a duty on and after the amalgamation date. 7 If a bylaw described in subsection (5) takes effect on the amalgamation date, a the bylaw is deemed to have been made under a bylaw-making authority of the board under this Act, and b sections 37 (1) (c) [filing of bylaws] and 38 [disallowance of bylaws] do not apply for the purpose of making the bylaw but do apply for the purpose of amending or repealing the bylaw. 8 If a bylaw described in subsection (5) is made after the amalgamation date, the bylaw is deemed to have been made under the applicable bylaw-making authority of the board under this Act if it is made in accordance with the applicable procedures for the bylaw. 9 Confidential information may be disclosed by a an audit and practice review committee for a former body, or by an assessor appointed by that committee or a person acting on that committee's behalf, to the audit and practice review committee or an assessor for the amalgamated regulatory body as follows: i for the purpose of carrying out the objectives of the audit or practice review; ii to show that the registrant knowingly gave false information to the audit and practice review committee or an assessor for the amalgamated regulatory body, and b an investigation committee for a former body, or by an inspector appointed by that committee or a person acting on that committee's behalf, to the investigation committee or an inspector for the amalgamated regulatory body for the purpose of carrying out the investigation. 10 An action taken under Part 6 with respect to an individual by an officer or a committee for a former body is deemed to be the action of an officer holding the same title with, or a committee having the same mandate of, the amalgamated regulatory body. Registrants and others on amalgamation 97 1 When regulatory bodies are amalgamated under this Division into an amalgamated regulatory body, the persons who are, as of the amalgamation date, registrants or former registrants of each former body are deemed to be registrants or former registrants, as applicable, of the amalgamated regulatory body. 2 A person who applied, before the amalgamation date, to be a registrant of a former body but whose application has not, as of the amalgamation date, been granted or refused is deemed to have made the application to the amalgamated regulatory body. 3 Subject to the bylaws of the amalgamated regulatory body, if a bylaw made by a former body established a class or classes of registrants, a a person referred to in subsection (1) continues to be a member of the same class or a comparable class established by the bylaws of the amalgamated regulatory body, and b an applicant under subsection (2) is deemed to have applied to be a member of the same class or a comparable class established by the bylaws of the amalgamated regulatory body, as that stated in the application. 4 Subject to the bylaws of the amalgamated regulatory body, a limit or condition imposed under this Act before the amalgamation date on a registrant of a former body in respect of the registrant's regulated practice continues to apply until removed or varied in accordance with this Act. Firms on amalgamation 98 1 Subject to subsection (2), when regulatory bodies are amalgamated under this Division into an amalgamated regulatory body, a firm that is validly registered as a registrant by a former body a is deemed to be validly registered by the amalgamated regulatory body, and b continues to be subject to all limits and conditions, if any, provided by the former body. 2 The Lieutenant Governor in Council may make regulations to provide for prescribed circumstances for the amalgamation, including if the amalgamated regulatory body is not authorized under section 3 [application to firms as registrants] to register firms in the amalgamated regulatory body as registrants, but the firm was validly registered as a registrant by a former body. 8 Enforcement of Act 1 Enforcement Powers of Superintendent Administrative penalties 99 1 Subject to and in accordance with the regulations of the Lieutenant Governor in Council, the superintendent may impose an administrative penalty on a person other than a regulatory body if the superintendent is satisfied on a balance of probabilities that the person has a contravened a prescribed provision of this Act or the regulations, or b failed to comply with an order under this Act. 2 If the superintendent imposes an administrative penalty on a person in respect of a contravention or failure referred to in subsection (1), a prosecution for an offence under this Act in respect of the same contravention or failure may not be brought against the person. 3 If a firm contravenes this Act or regulations made under this Act, an employee, officer, director or agent of the firm who authorized, permitted or acquiesced in the contravention or failure is also liable under this section even though the firm is liable for or pays an administrative penalty. 4 An administrative penalty imposed under this Division must be paid within the prescribed time. Effect of charging an offence 100 A person who has been charged with an offence under this Act may not be subject to an administrative penalty in respect of the circumstances that gave rise to the charge. Recovery of penalties and other debts due 101 1 The following may be recovered in accordance with subsection (2) as a debt due to the government: a an administrative penalty imposed under section 99 [administrative penalties] ; b an annual fee required to be paid in a regulation made under section 22.1 [annual fee] . 2 If a person fails to pay an administrative penalty as required under this Act or if a regulatory body fails to pay an annual fee required to be paid in a regulation made under section 22.1, the superintendent may file a certificate in a court that has jurisdiction and, on filing, the certificate has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the court with which it is filed. 3 A certificate under subsection (2) a must be signed by the superintendent, and b must contain the following information: i the name of the person who is liable for the administrative penalty or of the regulatory body that is liable for the annual fee; ii a statement of the amount of the administrative penalty or the annual fee under subsection (1).

Limitation period 102 1 The time limit for giving a notice imposing an administrative penalty is 3 years after the date on which the act or omission alleged to constitute the contravention first came to the attention of the superintendent. 2 A certificate purporting to have been issued by the superintendent and certifying the date referred to in subsection (1) is proof of that date. 2 Offences and Injunctions No reprisals 103 A person must not evict, discharge, suspend, expel, intimidate, coerce, impose any pecuniary or other penalty on or otherwise retaliate against a registrant because that registrant a has reported a matter as described in section 58 [duty to report] with respect to a registrant or other persons, b complains or is named in a complaint under section 65 [complaints] , or c gives evidence or otherwise assists in respect of a prosecution, a complaint or another proceeding under this Act. Obstruction 104 1 A person must not hinder, obstruct or interfere with, or attempt to hinder, obstruct or interfere with, a the superintendent exercising the power to conduct an assessment, inspection, investigation or audit under this Act or a person acting under the direction of the superintendent in an assessment, inspection, investigation or audit under this Act, or b an investigator for a regulatory body acting under section 69 [powers and duties of investigators] . 2 A person must not provide false information to, or refuse or neglect to provide information to, a the superintendent exercising the power to conduct an assessment, inspection, investigation or audit under this Act or a person acting under the direction of the superintendent in an assessment, inspection, investigation or audit under this Act, or b an investigator for a regulatory body acting under section 69. 3 A person must not withhold, destroy, tamper with, alter, conceal or refuse to produce anything requested for the purposes of an assessment, inspection, investigation or audit under this Act. 4 A person must not obstruct a person acting under section 70 [search and seizure under court order] or 71 [detention of things seized] or under an order made under those sections. Repealed 105 [Repealed 2022-19-49.] Offences 106 1 A person who contravenes any of the following commits an offence: a section 52 [prohibition and limitation — use of reserved titles] ; b section 54 [prohibitions regarding reserved practice] ; c section 58 [duty to report] ; d [Not in force. Repealed 2022-19-50.] e section 67 [extraordinary action to protect public] , in respect of an order made under that section; f section 103 [no reprisals] ; g section 104 [obstruction] ; h [Repealed 2022-19-50.] 1.1 A person who does either of the following commits an offence: a provides false or misleading information when applying for enrolment, admission or reinstatement as a registrant of a regulatory body; b provides false or misleading information when required under this Act to provide information. 1.2 A person does not commit an offence under subsection (1.1) if, at the time the information was provided, the person did not know that the information was false or misleading and, with the exercise of reasonable diligence, could not have known that the information was false or misleading. 2 A person who commits an offence under subsection (1) or (1.1) is liable on conviction, a in the case of an individual, to a fine of not more than $200 000 or to a term of imprisonment of not more than 2 years, or both, and b in the case of a firm, to a fine of not more than $500 000. 3 Section 5 [general offence] of the Offence Act does not apply to this Act, the regulations or any bylaws made under this Act. 4 In any prosecution under this Act, it is sufficient to prove that the accused has committed a single act of unauthorized practice or has committed on one occasion any of the acts prohibited by this Act. 5 If an offence under this Act is committed by a firm, each director, manager, secretary or other officer of that firm who assented to the commission of the offence is a party to that offence. 6 Subject to subsection (7), an information alleging an offence against this Act may be laid a by the superintendent on oath or by affirmation, or b in the name of a board of a regulatory body on oath or by affirmation of the board chair or a person authorized by the board. 7 The time limit for laying an information, under subsection (6), to commence a prosecution for an offence is a 2 years after the date on which the act or omission that is alleged to constitute the offence occurred, or b if the superintendent or, in respect of a board of a regulatory body, the board chair or person authorized by the board issues a certificate described in subsection (8), 2 years after the date on which the superintendent or the board learned of the act or omission referred to in paragraph (a). 8 A certificate purporting to have been issued by the superintendent or, in respect of a board of a regulatory body, the board chair or person authorized by the board certifying the date referred to in subsection (7) (b) is proof of that date. Injunction to restrain contravention 107 1 The superintendent, the board of a regulatory body or any other person may apply to the Supreme Court for an interim or permanent injunction to restrain a person from contravening a provision of this Act, the regulations or the bylaws. 2 The court may grant an injunction sought under subsection (1) if satisfied there is reason to believe that there has been or will be a contravention of this Act, the regulations or the bylaws. 3 A contravention may be restrained under subsection (1) whether or not a penalty or other remedy has been provided under this Act. 4 The court may grant an interim injunction until the outcome of an action commenced under subsection (1). Contempt 108 On application of the superintendent, the board of a regulatory body or a person interested in the proceeding, the court in which a proceeding is brought may find the person in breach of section 52 [prohibition and limitation — use of reserved titles] or 54 [prohibitions regarding reserved practice] to be in contempt and punish that person accordingly. 9 General Confidentiality — general 109 1 A person must preserve confidentiality with respect to all matters or things that come to the person's knowledge while exercising a power or performing a duty under this Act unless the disclosure is a necessary to exercise the power or to perform the duty, or b authorized as being in the public interest by, as applicable, i the superintendent, or ii the board of the regulatory body in relation to which the power or duty is exercised or performed. 2 Insofar as the laws of British Columbia apply, a person must not give, or be compelled to give, evidence in a court or in proceedings of a judicial nature concerning knowledge gained in the exercise of a power or in the performance of a duty under this Act unless a the proceedings are under this Act, or b disclosure of the knowledge is authorized under subsection (1) (b) or under the bylaws or regulations made under this Act. 3 Insofar as the laws of British Columbia apply, the records relating to the exercise of a power or the performance of a duty under this Act are not compellable in a court or in proceedings of a judicial nature unless a the proceedings are under this Act, or b disclosure of the knowledge is authorized under subsection (1) (b) or under the bylaws or regulations made under this Act. Confidentiality — committee matters 110 1 For the purpose of this section, audit and practice review committee includes an assessor appointed by the committee and a person acting on that committee's behalf. 2 Subject to subsections (3) to (6), unless it is for the purpose of carrying out a duty under this Act, an audit and practice review committee of a regulatory body must not disclose or provide the following to any other person, including another committee of the regulatory body: a records or information provided to the audit and practice review committee; b a self assessment prepared by a registrant for a practice review. 3 Despite subsection (2), an audit and practice review committee may disclose information described in that subsection a to show that a person knowingly gave false information to the audit and practice review committee, or b to an appropriate authority for the purpose of reporting a risk of significant harm to the environment or to the health or safety of the public or a group of people. 4 If an audit and practice review committee has reasonable grounds to believe that a registrant's conduct constitutes a professional misconduct, b conduct unbecoming a registrant, or c incompetent performance of duties undertaken while engaged in the regulated practice, that committee must, if it considers the action necessary to protect the public, notify the investigation committee, which must treat the matter as if it were a complaint under section 65 [complaints] . 5 Records, information or a self assessment obtained through a breach of subsection (2) may not be used against a registrant except for the purposes of subsection (3). 6 Subject to subsection (3), records, information or a self assessment prepared for the purposes of an audit or practice review in respect of an audit and practice review committee may not be received as evidence a in a proceeding under this Act, or b in a civil proceeding. 7 Subsection (2) applies despite the Freedom of Information and Protection of Privacy Act , other than section 44 (2) or (3) [powers of commissioner in conducting investigations, audits or inquiries] of that Act. Compulsion protection 111 1 The superintendent, or a person acting on behalf of or under the direction of the superintendent, must not be required to testify or produce evidence in any proceeding about the reasons for which a conclusion was reached or a decision was made in the performance of duties under this Act. 2 Despite subsection (1), the superintendent may be required by the Supreme Court to produce the record of a proceeding that is the subject of an application for judicial review under the Judicial Review Procedure Act . 3 The production of government records of a public body may not be compelled under this Act unless a the head of the public body consents, b the production is a disclosure that is otherwise in accordance with the Freedom of Information and Protection of Privacy Act , c the court orders, or d the regulations of the Lieutenant Governor in Council otherwise allow. 4 In subsection (3), public body means public body as defined in the Freedom of Information and Protection of Privacy Act . Personal liability protection — general 112 1 Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the superintendent, a board member, a regulatory body or a person acting on behalf of or under the direction of the superintendent, a board or a regulatory body because of anything done or omitted a in the performance or intended performance of any duty under this Act, or b in the exercise or intended exercise of any power under this Act. 2 Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith. 3 Subsection (1) does not absolve the government or the regulatory body, as the case may be, from vicarious liability arising out of anything done or omitted by the person referred to in that subsection for which the government or the regulatory body would be vicariously liable if this section were not in force. 4 The board of a regulatory body may purchase and maintain insurance a protecting the regulatory body and current and former board members, employees, officers and panel members against liability arising out of the operations or activities of the regulatory body, and b providing for indemnity with respect to any claims arising out of acts done or omitted in good faith by those persons while acting or purporting to act on behalf of the regulatory body. Personal liability protection — claims about reprisal 113 1 No legal proceeding for damages lies or may be commenced or maintained against a person for making a claim under this Act about a reprisal as described in section 103 [no reprisals] . 2 Subsection (1) does not apply to a person referred to in that subsection in relation to a claim made by that person in bad faith. Certificate as evidence 114 A certificate signed by a registrar or board member of a regulatory body is proof, in the absence of evidence to the contrary, of the matters stated in the certificate that relate to the records of the regulatory body. Service of notice or documents 115 1 A notice or any document under this Act may be delivered to a person by personal service of a copy of the notice or document or by sending the copy by any of the following means: a ordinary mail; b electronic transmission, including telephone transmission of a facsimile; c if specified in the superintendent's rules, another method that allows proof of receipt. 2 If the copy is sent by ordinary mail, it must be sent to the most recent address available of the person to be served and must be considered to be received on the fifth day after the day it is mailed, unless that day is a holiday, in which case the copy must be considered to be received on the next day that is not a holiday. 3 If the copy is sent by electronic transmission, it must be considered to be received on the day after it was sent, unless that day is a holiday, in which case the copy must be considered to be received on the next day that is not a holiday. 4 If the copy is sent by a method referred to in subsection (1) (c), the superintendent's rules govern the day on which the copy must be considered to be received. 5 If, through absence, accident, illness or other cause beyond the person's control, a person to be served who acts in good faith does not receive the copy until a later date than the date provided under subsection (2), (3) or (4), that subsection does not apply. When failure to serve does not invalidate proceeding 116 If a notice or document is not served in accordance with section 115, the proceeding is not invalidated if a the contents of the notice or document were known by the person to be served within the time allowed for service, b the person to be served consents, or c the failure to serve does not result in prejudice to the person, or any resulting prejudice can be satisfactorily addressed by an adjournment or other means. 10 Regulations Application of regulations 117 If there is a conflict or inconsistency between a regulation made under this Part and a bylaw-making authority, the regulation applies. General power to make regulations 118 1 The Lieutenant Governor in Council may make regulations referred to in section 41 [powers to make regulations] of the Interpretation Act . 2 Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows: a defining any word or expression used but not defined in this Act; b prescribing i a legal entity or combination of legal entities that may be exempted for the purposes of the definition of "firm" in section 1 (1) [definitions and interpretation] , ii a ministry or agency of the government for the purposes of the definition of "government registrant" in section 1 (1), and iii a relevant enactment for the purposes of the definition of "relevant enactment" in section 1 (1); c prescribing matters for the purposes of section 2 (1) (f) [specific definitions and information] ; d amending Schedule 1 to this Act for the purposes of section 2 (2); e authorizing a regulatory body to register firms in the regulatory body as registrants for the purposes of section 3 (a) [application to firms as registrants] ; f in respect of the following matters under Part 2 [Superintendent of Professional Governance] : i prescribing duties that must be performed by the Professional Governance Advisory Committee for the purposes of section 6 (3) (c) [professional governance advisory committee] ; ii providing for any matter in respect of which the superintendent may make rules for the purposes of section 8 (3) [rules of practice and procedure] ; iii amending or repealing a rule made by the superintendent for the purposes of section 8 (3); iv respecting policies and procedures to be followed by the superintendent in conducting the superintendent's affairs, exercising powers and discretion, carrying out functions and duties and discharging responsibilities; v prescribing matters in respect of the administration of rosters for the purposes of section 17 (3) [administration of rosters] ; vi prescribing information or documents or classes of information or documents the superintendent must make public for the purposes of section 18 (1) [public interest disclosure] of this Act; vii providing for publication in accordance with an order under section 18 (2); g in respect of the following matters under Part 3 [Regulatory Bodies] : i providing that specified provisions of the Business Corporations Act apply to a regulatory body for the purposes of section 21.1 (3) [corporate powers of regulatory bodies] of this Act; i.1 prescribing responsibilities of a regulatory body for the purposes of section 22 (2) (l) [general duty and responsibilities of regulatory bodies] ; ii prescribing rules, conditions or limits for the advocacy role taken by a regulatory body for the purposes of section 22 (3); iii for the purposes of section 23 [board of regulatory body] , A prescribing requirements for the election of the board chair of a regulatory body, and B providing for exceptions to the prohibition in respect of board members of a regulatory body being members of committees or panels of the regulatory body; iv prescribing the process and selection principles for the purposes of section 25 [selection principles and criteria] ; v prescribing the requirements for election of board members for the purposes of section 26 [election of registrant board members] ; vi prescribing the manner by which a person appointed as a board member must take and sign an oath of office and exceptions to this requirement for the purposes of section 28 [oath of office] ; vii for the purposes of section 31 [registrar and register for regulatory body] , A prescribing additional information for a register of a regulatory body, B prescribing a period of time for the inclusion of former registrants in a list of registrants, and C providing for exceptions; viii prescribing different matters, classes of persons, circumstances or categories for bylaws for the purposes of section 36 (c) [provisions may be different in bylaws] ; ix prescribing criteria for bylaws for the purposes of section 37 (1) (b) [filing of bylaws] ; x prescribing a number of days for the purposes of section 37 (2); xi prescribing exceptions in respect of bylaws made for different matters, classes of persons, circumstances or categories for the purposes of section 37 (3); xii prescribing requirements for an annual report to the superintendent for the purposes of section 41 [annual report to superintendent] ; h in respect of the following matters under Part 4 [Registrants] : i providing for the bylaw-making authority of the board in respect of rights and privileges of registrants for the purposes of section 42 (2) (c) [categories of registrants and bylaws for categories of registrants] ; ii respecting bylaws for the following: A restricted areas of practice for the purposes of section 43 (1) [restricted and specialized areas of practice] ; B specialized areas of practice for the purposes of section 43 (2); iii providing for bylaw-making authority for the purposes of section 47 (3) (a) [admission and reinstatement of registrants] ; iv establishing requirements in respect of bylaws and the use of seals for the purposes of section 49 (4) [certificate of registration and seal] ; v prescribing requirements for the purposes of section 50.1 (1) (i) [cancellation or suspension of registration] ; i in respect of the following matters under Part 5 [Reserved Titles and Reserved Practice] : i prescribing a reserved title for the purposes of section 51 (1) (a) [exclusivity of reserved titles and right of practice of reserved practice] ; ii respecting the use of a reserved title or other name, title, description or abbreviation of a name or title, or an equivalent of a reserved title or other name or title in another language, for the purposes of sections 51 and 52 [prohibition and limitation — use of reserved titles] ; iii respecting a reserved practice for the purposes of section 51 (1) (b); iv respecting the right of practice of a reserved practice for the purposes of sections 51 and 54 [prohibitions regarding reserved practice] ; v amending Schedules 2 and 3 to this Act for the purposes of section 51 (2); vi respecting uses of a reserved title or other name, title, description or abbreviation of a name or title, or an equivalent of a reserved title or other name or title in another language, that do not constitute a contravention of section 52; j in respect of the following matters under Part 6 [Protection of the Public Interest With Respect to Professional Governance and Conduct] : i providing for the code of ethics and ethical principles for the purposes of section 57 (3) [standards of conduct and competence] ; ii prescribing matters or conduct for the purposes of section 58 (2) (b) [duty to report] ; iii [Not in force. Repealed 2022-19-51.] iv prescribing the form and manner for the publication of information about the disposition of a hearing for the purposes of section 75 (8) (c) [discipline hearings] ; v prescribing requirements in respect of the publication of prescribed information on a website maintained by or on behalf of the regulatory body for the purposes of section 75 (10); vi providing for exceptions and other matters relating to information that is to be made publicly available for the purposes of section 82 (4) [information to be publicly available] ; k in respect of the following matters under Part 7 [Applicable Regulatory Bodies] : i in respect of the designation of professions, A prescribing forms and fees for the purposes of section 85 (2) [application for designation] , B [Repealed 2023-49-15.] B.1 prescribing criteria for the purposes of section 87 (2) (a) (vi) [assessment and recommendation respecting designation of profession] , C providing for applications for designation for the purposes of section 88 [regulations in respect of applications for designation] , D [Repealed 2023-49-15.] D.1 designating professions for the purposes of section 89 (1) [designation of profession] , D.2 prescribing matters for the purposes of section 89 (2), E prescribing professions for the purposes of section 89 (5), F prescribing a notice period for the purposes of section 89 (6), G [Repealed 2023-49-15.] G.1 prescribing matters for the purposes of section 90.3 (2) [regulations respecting establishment or continuation] , H repealing Acts, or provisions in Acts, for the purposes of sections 90.3 (4) and 90.4 (5) [existing regulatory body to be responsible for designated profession] , and I [Repealed 2023-49-15.] J prescribing matters for the purposes of section 90.4 (3); ii in respect of the amalgamation of regulatory bodies, A prescribing criteria for amalgamation for the purposes of section 92 (4) (b) and (7) [determination of whether to amalgamate regulatory bodies] , B providing specifications, professions and time periods for the purposes of section 93 (1) [amalgamation] , C repealing Acts, or provisions in Acts, for the purposes of section 95 (5) (a) [governance on amalgamation] , D providing for transitional matters, for the purposes of section 95 (5) (b), and E prescribing circumstances for amalgamation for the purposes of section 98 (2) [firms on amalgamation] ; k.1 in respect of the following matters under Part 11 [Transitional and Related Provisions, Repeals and Related and Consequential Amendments] : i prescribing affected bodies for the purposes of section 124.1 (2) [interim authority — fees for transition to this Act] ; ii prescribing an amount or rate of increase of a fee for the purposes of section 124.1 (3) (b), which amount or rate may be different for different affected bodies or different periods of time; l respecting any other matter for which regulations are contemplated by this Act. 3 Without limiting subsection (1) or (2), the Lieutenant Governor in Council may make regulations in respect of a regulatory body or for a board or committee in respect of the following: a board or committee powers, functions and bylaws; b continuing education programs or requirements; c complaints and discipline. Regulations may delegate and may provide for discretion or be different 119 In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following: a delegate a matter to a person, with or without directions on how the delegated power is to be exercised; b confer a discretion on a person; c establish classes of persons, entities, regulatory bodies, places, things, decisions, transactions or activities; d make different regulations for different persons, entities, regulatory bodies, places, things, decisions, transactions or activities or for different classes of persons, entities, regulatory bodies, places, things, decisions, transactions or activities. Regulations for administrative penalties 120 1 The Lieutenant Governor in Council may make regulations in respect of the imposition of administrative penalties by the superintendent for the purposes of section 99 [administrative penalties] , including a matters to be considered before imposing administrative penalties, the criteria for determining appropriate administrative penalties, setting different limits on different administrative penalties and setting out those provisions of this Act, the regulations or any bylaws made under this Act that, if contravened, make a person liable to an administrative penalty, b providing for increased administrative penalties for repeated contraventions and specifying the time within which a contravention is to be considered a repeat contravention of an earlier contravention, and c establishing procedures for the superintendent's imposition of an administrative penalty, including i prescribing the form and content of an administrative penalty notice, ii prescribing contraventions in relation to administrative penalty notices sent and determinations made, iii establishing procedures for providing a person on whom a notice of an administrative penalty has been served with an opportunity to make representations that need not entail an oral hearing, iv prescribing a schedule of monetary penalties that may be imposed and the matters that must be considered by the superintendent in establishing a penalty in a particular case, v authorizing administrative penalties to be imposed on a daily basis for continuing contraventions or failures, vi prescribing time limits for paying administrative penalties, vii prescribing a limitation period for imposing an administrative penalty and evidentiary matters in relation to that period, viii prescribing manners of paying an administrative penalty, ix prescribing the consequences of failing to pay an administrative penalty which may include, but are not limited to, imposing additional penalties, and x providing for the publication of the superintendent's determination to impose an administrative penalty. 2 The Lieutenant Governor in Council may make regulations prescribing the form of a certificate under section 101 [recovery of penalties and other debts due] . Regulations for offences 121 The Lieutenant Governor in Council may make regulations establishing an offence for the contravention of a regulation and prescribing a penalty for that offence up to the maximum penalties set out in section 106 [offences] . Ministerial regulation-making power 122 1 The minister may make regulations referred to in section 41 [powers to make regulations] of the Interpretation Act . 2 Without limiting subsection (1), the minister may make the following regulations that may be made by the Lieutenant Governor in Council: a under section 118 (2) (f) (i) to (iv) [general power to make regulations] , providing for matters under Part 2 [Superintendent of Professional Governance] of this Act; b under section 118 (2) (g) (vi), prescribing the manner by which a person appointed as a board member must take and sign an oath of office and exceptions to this requirement for the purposes of section 28 [oath of office] ; c under section 118 (2) (g) (vii), prescribing additional information for a register of a regulatory body; d under section 118 (2) (g) (xii), prescribing information requirements for an annual report to the superintendent for the purposes of section 41 [annual report to superintendent] ; e under section 118 (2) (j) (iii) (D), providing for exceptions to requirements under Division 2 [Competence Declarations and Conflict of Interest Declarations] of Part 6; f under section 118 (2) (j) (iv), prescribing the form and manner for the publication of information about the disposition of a hearing for the purposes of section 75 (8) (c) [discipline hearings] ; g under section 118 (2) (j) (v), prescribing requirements in respect of the publication of prescribed information on a website maintained by or on behalf of the regulatory body for the purposes of section 75 (10) [discipline hearings] ; h under section 118 (3), establishing regulations in respect of a regulatory body for a board or a committee. 3 In making a regulation under this Act, the minister may do one or more of the following: a delegate a matter to a person, with or without directions on how the delegated power is to be exercised; b confer a discretion on a person; c make different regulations for different persons, regulatory bodies, places, things, decisions, transactions or activities. 11 Transitional and Related Provisions, Repeals and Related and Consequential Amendments 1 Transitional and Related Provisions Definitions 123 1 In this Part: affected Act means the applicable of the following: a Agrologists Act , S.B.C. 2003, c. 13; b Applied Science Technologists and Technicians Act , R.S.B.C. 1996, c. 15; c College of Applied Biology Act , S.B.C. 2002, c. 68; d Engineers and Geoscientists Act , R.S.B.C. 1996, c. 116; e Foresters Act , S.B.C. 2003, c. 19; affected board means a board under the affected Act; affected body means a professional regulator in respect of an affected Act; reference date means the date of the application of this Act in respect of an affected body as a regulatory body. 2 For the purposes of this Act, a reference to bylaws in relation to an affected body includes the bylaws, rules or resolutions made under the affected Act by an affected board before the affected body is continued under this Act, unless the context otherwise requires. Interpretation 123.1 In this Division, a a reference to "board" must be read as including "council" if the provision in which the reference occurs relates to a board that was established as a council under an affected Act, and b a reference to "board member" must be read as including "councillor" or "council member", as the case may be, if the provision in which the reference occurs relates to a board member who was a councillor or a council member under an affected Act. Interim elections to board 124 Despite any provisions in an affected Act or bylaws made under an affected Act, from the date of the coming into force of this section, each board member under the affected Act may only be elected to a board under the affected Act as follows: a the board member, as applicable, must be nominated by a committee that, under the affected Act, has the purpose of nominating or selecting members for election; b the committee must nominate qualified members in accordance with the process and selection principles referred to in section 25 [principles and criteria for board member selection] of this Act and bylaws of the board that are not inconsistent with this section. Interim authority — fees for transition to this Act 124.1 1 In this section, affected member means a person who pays fees for membership in an affected body under an affected Act. 2 For purposes relating to the administration of an affected body in respect of this Act, an affected board under an affected Act may, if the affected body is prescribed by regulation, make bylaws or pass resolutions to set or increase a fee that is payable by affected members, despite any requirement for ratification or other approval of bylaws or resolutions in respect of fees under the affected Act. 3 The authority of an affected board to make bylaws or pass resolutions to set or increase a fee under subsection (2) is subject to the following restrictions: a the fee that is payable in respect of a particular year may be either set or increased, but not both, only once; b if the amount of the fee or the rate of its increase is prescribed by regulation, the fee may be set or increased at an amount or rate that is not more than the prescribed amount or rate. 4 Subject to subsection (3), an affected board that makes bylaws or passes resolutions under this section may a set different fees for different categories or classes of affected members, and b determine whether to set or increase fees if both the amount of the fee and the rate of its increase are prescribed by regulation. Inconsistent bylaws 125 Despite section 84 [specified regulatory bodies continued as regulatory bodies under this Act] , if a regulatory body has bylaws made under an affected Act that are not continued due to inconsistency with this Act, the inconsistent bylaws may continue to be applicable for one year after the reference date and the board of the regulatory body must, as applicable, do the following: a consider any guidelines that may be established by the superintendent to provide guidance for ensuring that the regulatory body makes bylaws that are consistent with this Act; b comply with any directives of the superintendent made to address transitional matters arising from the inconsistent bylaws that are inconsistent with this Act; c act in accordance with regulations that may be made by the Lieutenant Governor in Council to provide for the following: i transitional matters arising from the application of this Act to the inconsistent bylaws; ii matters governed by the inconsistent bylaws under the affected Act and, if so, the regulations apply to the matters. Continued boards and board members 126 1 In this section: continued lay board member means a board member of a regulatory body who a is not a registrant of the regulatory body, and b was appointed under the affected Act and continues as a board member under section 84 [specified regulatory bodies continued as regulatory bodies under this Act] ; continued registrant board member means a board member of a regulatory body who a is a registrant of the regulatory body, and b was elected or appointed under the affected Act and continues as a board member under section 84. 2 If a board that is continued under section 84 has more than 7 continued registrant board members on the date that section comes into force, until the number of continued registrant board members is reduced to 7, the board has the following composition: a the actual number of continued registrant board members; b up to 4 lay board members, including i the actual number of continued lay board members, and ii lay board members appointed under section 27 [appointment of board members] , if any. 3 Despite section 26 [election of registrant board members] , a board that is continued under section 84 may not, until the actual number of continued registrant board members is 7 or less, a elect registrant board members, or b temporarily appoint a registrant to replace a continued registrant board member. 4 On the occurrence of any conditions described under section 26 (4), an individual registrant board member's term as a continued board member is deemed to be an ending of the term under section 84 (6). 5 For certainty, an individual who is a continued registrant board member may be elected in accordance with section 26, a after the expiry of the term that applied on the date section 84 comes into force, and b when the election of registrant board members is permitted under subsection (3). Transition — powers and duties in progress 127 1 The officers and committees for a regulatory body may exercise any power and perform any duty under this Act that an officer holding the same title with, or a committee having the same mandate of, an affected body a began to exercise or to perform, but did not complete, before the reference date, or b could have exercised with respect to a discipline matter referred to in Division 3 [Audits, Practice Reviews and Discipline] of Part 6 [Protection of the Public Interest With Respect to Professional Governance and Conduct] that is alleged to have existed or occurred, but was not investigated, before the reference date. 2 If a discipline committee for an affected body, or a committee of the former body with similar duties and powers, commenced a hearing before the reference date, that committee is deemed to be a discipline committee for the regulatory body for the purpose of continuing the hearing on and after the reference date. 3 If an investigation committee for an affected body, or a committee of the affected body with similar duties and powers, commenced an investigation before the reference date, that committee is deemed to be an investigation committee for the regulatory body for the purpose of continuing the investigation on and after the reference date. 4 If an audit and practice review committee for an affected body, or a committee of the affected body with similar duties and powers, commenced an audit or a practice review, or an assessment, before the reference date, that committee is deemed to be an audit and practice review committee for the regulatory body for the purpose of continuing the audit or the practice review, or the assessment, on and after the reference date. 5 The board of a regulatory body may make a bylaw, in accordance with this Act and subject to any limits or conditions prescribed by the Lieutenant Governor in Council or that the board considers necessary or advisable, authorizing an officer or a committee for an affected body to continue to exercise a power or to perform a duty that the officer or the committee began to exercise or to perform, but did not complete, before the reference date. 6 If a bylaw is made under subsection (5), the authorized officer or committee is deemed to be an officer or a committee for the regulatory body for the purpose of continuing to exercise a power or to perform a duty on and after the reference date. Transitional directions 128 Subject to regulations that may be made by the Lieutenant Governor in Council, for the purposes of providing an orderly transition from one or more particular former bodies to a particular amalgamated regulatory body under Division 3 [Amalgamation of Regulatory Bodies] of Part 7 [Applicable Regulatory Bodies] , the superintendent may, by order, give directions as follows: a respecting any matter that the superintendent considers is not provided for, or is not sufficiently provided for, in Division 3 of Part 7; b as the superintendent considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in bringing the amalgamation into effect. Transitional regulations 129 1 The Lieutenant Governor in Council may make regulations in respect of any matters necessary for more effectively bringing into operation the provisions of this Act and for facilitating the transition from the operation of the affected Acts to this Act and for remedying any transitional difficulties encountered in doing so. 2 Without limiting subsection (1), the Lieutenant Governor in Council may make regulations for meeting or removing any difficulty arising out of the transition to this Act from the affected Acts, and for that purpose disapplying or varying any provision of this Act. 3 The authority to make or amend a regulation under this section, but not the authority to repeal a regulation under this section, ends 3 years after the date on which this section comes into force. 4 In the event of conflict or inconsistency between a regulation of the Lieutenant Governor in Council made under this section and a direction of the superintendent under section 128, the regulation applies. 2 Repeals Repeals 130-134 [Note: See Table of Legislative Changes for the status of sections 130 to 157.] Section(s) Affected Act 130 Agrologists Act 131 Applied Science Technologists and Technicians Act 132 College of Applied Biology Act 133 Engineers and Geoscientists Act 134 Foresters Act 3 Related and Consequential Amendments Related and Consequential Amendments 135-157 Section(s) Affected Act 135-137 Architects Act 138 Business Practices and Consumer Protection Act 139 Community Charter 140 Engineers and Geoscientists Act 141 Forest Act 142 Foresters Act 143 Freedom of Information and Protection of Privacy Act 144 Interpretation Act 145 Land Surveyors Act 146-147 Ministry of Agriculture and Food Act 148-149 Ministry of Energy and Mines Act 150-151 Ministry of Environment Act 152-153 Ministry of Forests and Range Act 154-155 Ministry of Lands, Parks and Housing Act 156-157 Water Sustainability Act Commencement 158 This Act comes into force by regulation of the Lieutenant Governor in Council. Schedule 1 Specific Definitions and Information for Regulatory Bodies [section 2] Regulatory bodies governed by Act 1 This Act applies to the following regulatory bodies: a the British Columbia Institute of Agrologists; b the Applied Science Technologists and Technicians of British Columbia; c the College of Applied Biology; d the Association of Professional Engineers and Geoscientists of the Province of British Columbia; e the Association of British Columbia Forest Professionals; f the Architectural Institute of British Columbia. Definitions in respect of the British Columbia Institute of Agrologists 2 For the purposes of this Act and other enactments that refer to this Act, the following definitions apply in respect of the British Columbia Institute of Agrologists: agrologist means an individual who is registered with the regulatory body as an agrologist under this Act; registrant means, as applicable, a an agrologist, b a firm that is registered with the regulatory body under this Act, if firms may be registered in respect of the regulatory body, or c an individual or firm, as applicable, that is registered with the regulatory body as another category or subcategory of registrant in accordance with the bylaws of the regulatory body; regulated practice means the prescribed scope of practice of agrology carried on by registrants; regulatory body means the British Columbia Institute of Agrologists. Definitions in respect of the Applied Science Technologists and Technicians of British Columbia 3 For the purposes of this Act and other enactments that refer to this Act, the following definitions apply in respect of the Applied Science Technologists and Technicians of British Columbia: applied science technologist means an individual who is registered with the regulatory body as an applied science technologist under this Act; certified technician means an individual who is registered with the regulatory body as a certified technician under this Act; registrant means, as applicable, a an applied science technologist, b a certified technician, c a firm that is registered with the regulatory body under this Act, if firms may be registered in respect of the regulatory body, or d an individual or firm, as applicable, that is registered with the regulatory body as another category or subcategory of registrant in accordance with the bylaws of the regulatory body; regulated practice means the prescribed scope of practice carried on by registrants; regulatory body means the Applied Science Technologists and Technicians of British Columbia. Definitions in respect of the College of Applied Biology 4 For the purposes of this Act and other enactments that refer to this Act, the following definitions apply in respect of the College of Applied Biology: applied biology technician means an individual who is registered with the regulatory body as an applied biology technician under this Act; professional biologist means an individual who is registered with the regulatory body as a professional biologist under this Act; registered biology technologist means an individual who is registered with the regulatory body as a registered biology technologist under this Act; registrant means, as applicable, a an applied biology technician, b a professional biologist, c a registered biology technologist, d a firm that is registered with the regulatory body under this Act, if firms may be registered in respect of the regulatory body, or e an individual or firm, as applicable, that is registered with the regulatory body as another category or subcategory of registrant in accordance with the bylaws of the regulatory body; regulated practice means the prescribed scope of practice of applied biology carried on by registrants; regulatory body means the College of Applied Biology. Definitions in respect of the Association of Professional Engineers and Geoscientists of the Province of British Columbia 5 For the purposes of this Act and other enactments that refer to this Act, the following definitions apply, in respect of the Association of Professional Engineers and Geoscientists of the Province of British Columbia: practice of professional engineering means the prescribed scope of practice carried on in respect of engineering; practice of professional geoscience means the prescribed scope of practice carried on in respect of geoscience; professional engineer means an individual who is registered with the regulatory body as a professional engineer under this Act; professional geoscientist means an individual who is registered with the regulatory body as a professional geoscientist under this Act; registrant means, as applicable, a a professional engineer, b a professional geoscientist, c a firm that is registered with the regulatory body under this Act, if firms may be registered in respect of that regulatory body, or d an individual or firm, as applicable, that is registered with the regulatory body as another category or subcategory of registrant in accordance with the bylaws of the regulatory body; regulated practice means, as applicable, a the practice of professional engineering, or b the practice of professional geoscience; regulatory body means the Association of Professional Engineers and Geoscientists of the Province of British Columbia. Definitions in respect of the Association of British Columbia Forest Professionals 6 For the purposes of this Act and other enactments that refer to this Act, in respect of the Association of British Columbia Forest Professionals: practice of professional forestry means the prescribed scope of practice carried on in respect of forestry; professional forester means a person who is registered with the regulatory body as a professional forester under this Act; registered forest technologist means a person who is registered with the regulatory body as a registered forest technologist under this Act;

registrant means, as applicable, a a professional forester, b a registered forest technologist, c a firm that is registered with the regulatory body under this Act, if firms may be registered in respect of the regulatory body, or d an individual or firm, as applicable, that is registered with the regulatory body as another category or subcategory of registrant in accordance with the bylaws of the regulatory body; regulated practice means the practice of professional forestry; regulatory body means the Association of British Columbia Forest Professionals. Definitions in respect of the Architectural Institute of British Columbia 7 For the purposes of this Act and other enactments that refer to this Act, the following definitions apply in respect of the Architectural Institute of British Columbia: architect means an individual who is registered with the regulatory body as an architect under this Act; registrant means, as applicable, a an architect, b a firm that is registered with the regulatory body under this Act, if firms may be registered in respect of the regulatory body, or c an individual or firm, as applicable, that is registered with the regulatory body as another category or subcategory of registrant in accordance with the bylaws of the regulatory body; regulated practice means the prescribed scope of practice of architecture carried on by registrants; regulatory body means the Architectural Institute of British Columbia. Schedule 2 Regulatory Bodies with Exclusivity for Reserved Titles [section 51] British Columbia Institute of Agrologists Applied Science Technologists and Technicians of British Columbia College of Applied Biology Association of Professional Engineers and Geoscientists of the Province of British Columbia Association of British Columbia Forest Professionals Architectural Institute of British Columbia Schedule 3 Regulatory Bodies with Right to Practise in Reserved Practice [section 51] British Columbia Institute of Agrologists Applied Science Technologists and Technicians of British Columbia College of Applied Biology Association of Professional Engineers and Geoscientists of the Province of British Columbia Association of British Columbia Forest Professionals Architectural Institute of British Columbia