BILL 76 – 2002
COLLEGE OF APPLIED BIOLOGY ACT
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Part 1 -- Interpretation
Definitions
1 In this Act:
"annual fee" means the annual fee payable by practising members in accordance with a rule made under section 19 (1) (a);
"applicant" means a person who applies for
(a) enrollment in the college's admission program for trainees, or
(b) admission or reinstatement as a practising member or other member of the college;
"applied biological science" means a biological science, including botany, zoology, ecology, biochemistry and microbiology, if the biological science is applied to the management, use, conservation, protection, restoration, or enhancement of
(a) aquatic or terrestrial ecosystems, or
(b) biological resources within these ecosystems;
"applied biology" means the application of the applied biological sciences, including collecting or analyzing inventories or other data or carrying out of research or assessments, to design, evaluate, advise on, direct or otherwise provide professional or technical support to projects, works, undertakings or field practices on public or private lands, but does not include
(a) pure scientific research, or
(b) teaching;
"applied biology technician" means a person admitted or reinstated to the college as an applied biology technician, whose name appears in the register for the category of members referred to in section 9 (1) (c);
"applied biology technician in training" means a person enrolled in the college's admission program for applied biology technicians in training, whose name appears in the register for the category of members referred to in section 9 (1) (f);
"audit" means an audit in accordance with a rule made under section 21 (6);
"audit and practice review committee" means the audit and practice review committee established under section 21;
"biologist in training" means a person enrolled in the college's admission program for biologists in training, whose name appears in the register for the category of members referred to in section 9 (1) (d);
"citation" means a citation issued under section 24 (1) (d);
"college" means the College of Applied Biology established under section 3 (1);
"committee" means a committee established under section 6 (4), the audit and practice review committee, the credentials committee or the discipline committee;
"conduct unbecoming a practising member" means conduct of a practising member that
(a) brings the college or its members into disrepute,
(b) undermines the scientific methods and principles that are the foundation of the applied biological sciences, or
(c) undermines the principles of stewardship of aquatic and terrestrial ecosystems and biological resources;
"council" means the council established under section 5 (1);
"councillor" means a person referred to in section 5 (1);
"credentials committee" means the credentials committee established under section 13;
"discipline committee" means the discipline committee established under section 22;
"discipline investigation" means an investigation referred to in section 24;
"member of the college" means a person registered in one of the categories of members referred to in section 9 (1);
"officer" means an officer of the college appointed under section 6;
"panel" means a panel appointed under section 28 to conduct a credentials hearing under section 17 or a discipline hearing under section 27;
"practice review" means a practice review referred to in section 21;
"practising member" means a professional biologist, a registered biology technologist or an applied biology technician;
"president" means the president elected under section 5;
"professional biologist" means a person admitted or reinstated to the college as a professional biologist, whose name appears in the register for the category of members referred to in section 9 (1) (a);
"professional misconduct" means misconduct by a member of the college relating to the performance of duties undertaken while engaged in applied biology, and includes a breach of the rules;
"register" means a register created and maintained under section 9 (3);
"registered biology technologist" means a person admitted or reinstated to the college as a registered biology technologist, whose name appears in the register for the category of members referred to in section 9 (1) (b);
"registered biology technologist in training" means a person enrolled in the college's admission program for registered biology technologists in training, whose name appears in the register for the category of members referred to in section 9 (1) (e);
"registrar" means the registrar of the college appointed under section 6;
"resolution" means a motion passed by a majority of those voting at a meeting of the college, the council or a committee;
"respondent" means a person whose conduct or competence is the subject of a discipline hearing under section 27;
"rule-making authority" means the capacity of the council to enact rules;
"rules" means rules enacted by the council in accordance with this Act;
"trainee" means a biologist in training, a registered biology technologist in training or an applied biology technician in training;
"vice president" means a vice president elected under section 5;
"written" or "in writing" includes written messages transmitted electronically.
Application
2 (1) This Act, other than sections 12, 35 and 36, does not apply to a person who is not a practising member, trainee, member of the college or an applicant.
(2) A provision in another enactment that restricts the practice of another profession or occupation to members of a professional or occupational body does not restrict the capacity of a person to practice applied biology under this Act and the rules.
Part 2 -- Organization
The college
3 (1) The College of Applied Biology is established as a corporation composed of
(a) the members of the college, and
(b) the members of the council.
(2) The purpose of the college is
(a) to uphold and protect the public interest by
(i) preserving and protecting the scientific methods and principles that are the foundation of the applied biological sciences,
(ii) upholding the principles of stewardship of aquatic and terrestrial ecosystems and biological resources, and
(iii) ensuring the integrity, objectivity and expertise of its members, and
(b) subject to paragraph (a),
(i) to govern its members in accordance with this Act and the rules, and
(ii) to cooperate with other professional or occupational bodies charged with governing the conduct or competence of their members on a matter the college considers relevant to applied biology.
(3) The college has all the powers and capacity of a natural person, including the power to acquire and dispose of property and the power to enter into contracts.
(4) The Company Act and the Business Corporations Act do not apply to the college unless the Lieutenant Governor in Council, by order, provides that specified provisions of one of these Acts apply to the college.
Authority of the council
4 (1) The council governs and administers the affairs of the college and for this purpose may, by resolution, exercise the powers and capacity under section 3 (3) on behalf of the college, including
(a) the investment or expenditure of fees, assessments or other funds of the college, and
(b) subject to this Act, the enactment of rules governing the exercise of a power or function, or the performance of a duty, by the college, the council, a category of members or the applicants under this Act or the rules.
(2) The rules are binding on the college, the council, practising members, trainees, members of the college and applicants.
(3) The enactment of rules respecting the following matters must be ratified by a majority of practising members in good standing voting in a referendum:
(a) a matter referred to in section 5 (5);
(b) general meetings of the college, including the annual general meeting;
(c) the amount of the annual fee under section 19 (1) (a);
(d) any other matter that by a rule is specified to require ratification.
(4) Enactment of a rule, other than a rule ratified under subsection (3), may be disallowed by a resolution of a general meeting of the college if that resolution is binding on the council under section 8.
Organization of the council
5 (1) The council consists of the following:
(a) the councillors appointed by the minister under subsection (2);
(b) at least 5 councillors elected by the practising members;
(c) the president and one or more vice presidents elected by the practising members;
(d) the immediate past president of the college.
(2) The minister may appoint up to 3 persons who are not members of the college to be councillors for a term of office specified by the minister.
(3) If a councillor appointed under subsection (2) resigns or is removed by the minister or otherwise fails to complete their term of office, the minister may appoint a replacement councillor to hold office for the balance of the incomplete term.
(4) The council must designate one vice president to have all the powers and rights of the president during the president's absence or if a vacancy arises because of the president's incapacity, resignation, removal or death.
(5) The council may make rules respecting the following:
(a) the duties of councillors referred to in subsection (1) (a) and (b);
(b) the election of councillors referred to in subsection (1) (b), including eligibility requirements;
(c) the term of office of councillors referred to in subsection (1) (b);
(d) the removal of a councillor referred to in subsection (1) (b);
(e) the temporary appointment of councillors to fill a vacancy caused by the incapacity, resignation, removal or death of a councillor referred to in subsection (1) (b);
(f) the duties of the president;
(g) the number of vice presidents and their respective duties;
(h) the election of the president and vice presidents, including eligibility requirements;
(i) the terms of office of the president and vice presidents;
(j) the removal of the president or a vice president;
(k) the temporary appointment of a vice president to fill a vacancy caused by the incapacity, resignation, removal or death of a vice president.
(6) Rules made under subsection (5) (a) that differentiate between councillors appointed by the minister under subsection (2) and councillors elected by the practising members may be disallowed by the minister at the minister's sole discretion.
(7) The council may make rules governing the conduct of the affairs of the council, including the conduct of council meetings and proceedings before the council.
Officers and committees
6 (1) The council must appoint a registrar.
(2) The council may establish other offices and appoint other officers, including an executive director.
(3) The council may authorize the credentials committee, the audit and practice review committee or the discipline committee to exercise a power, authority or jurisdiction of the council 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 rule-making authority.
(4) The council may establish committees, in addition to the credentials committee, the audit and practice review committee and the discipline committee, for a purpose consistent with this Act.
(5) The council may authorize a committee established under subsection (4) to exercise a power, authority or jurisdiction of the council under this Act, other than
(a) a rule-making authority, or
(b) a power, authority or jurisdiction expressly referred to in this Act in connection with the credentials committee, the audit and practice review committee or the discipline committee.
(6) The council may
(a) authorize an officer to exercise a power, authority or jurisdiction of the council under this Act, other than a rule-making authority, and
(b) authorize a committee established by the council to delegate to an officer a power, authority or jurisdiction granted to the committee by the council.
(7) The council may make rules respecting the following:
(a) the appointment and termination of officers;
(b) the appointment and termination of appointments to committees;
(c) the conduct of committee meetings, including proceedings before a committee.
General meetings of the college
7 (1) An annual general meeting of the college must be held, at the time and place appointed by the council, 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 Supreme Court, on the application of a practising member, may call or direct the calling of an annual general meeting.
(3) The council, at any time on its own motion, may call a general meeting of the college.
(4) The council, on the written request of 50 practising members in good standing or 5 councillors, must call a general meeting of the college.
(5) Subject to this section, the council may make rules governing the calling and conduct of a general meeting of the college, including the annual general meeting.
Implementing resolutions of general meetings
8 (1) A resolution of a general meeting of the college, including the annual general meeting, is not binding on the council except as provided in this section.
(2) The council must conduct a referendum of all practising members on a resolution of a general meeting if
(a) the resolution has not been substantially implemented by the council within 4 months following the general meeting at which it was adopted, and
(b) the council or an officer receives a written request signed by at least 50 practising members in good standing requesting a referendum on the resolution.
(3) Subject to subsection (4), the resolution referred to in subsection (2) is binding on the council if at least
(a) half of all practising members in good standing vote in the referendum, and
(b) two-thirds of those voting vote in favour of the resolution.
(4) The council must not implement a resolution if to do so would constitute a breach of a statutory duty.
Part 3 -- Membership
Division 1 -- Categories of Members and Use of Titles and Designations
Categories of members
9 (1) The college is made up of the following categories of members:
(a) professional biologists;
(b) registered biology technologists;
(c) applied biology technicians;
(d) biologists in training;
(e) registered biology technologists in training;
(f) applied biology technicians in training;
(g) additional categories of members established in accordance with a rule made under subsection (2) (a).
(2) The council may make rules to do the following:
(a) establish additional categories of members, including non-practising, temporary and honorary members;
(b) establish subcategories within the categories of members referred to in subsection (1);
(c) determine the rights and privileges under this Act for each category of members referred to in subsection (1), and each subcategory of members established in accordance with a rule made under paragraph (b) of this subsection, including use of designations in addition to the titles and abbreviations referred to in section 11;
(d) establish requirements and procedures for the admission or reinstatement of members within a category established under paragraph (a);
(e) set fees for members within a category established in accordance with a rule made under paragraph (a);
(f) determine whether or not a person is a member in good standing of the college.
(3) The registrar must create and maintain
(a) a register for each category of members referred to in subsection (1), and for each subcategory of members established in accordance with a rule made under subsection (2) (b), and record in the register any restrictions imposed in accordance with a rule made under section 10 (a) with respect to that category or subcategory, and
(b) a register for practising members qualified as specialists in accordance with a rule made under section 10 (b).
(4) The registrar must record
(a) in the applicable register referred to in subsection (3) (a), the name and particulars of each person enrolled, admitted or reinstated in the college under this Act, and
(b) in the register referred to in subsection (3) (b), the name and particulars of each practising member qualified as a specialist in accordance with a rule made under section 10 (b).
Restricted practice and specialized practice
10 The council may make rules to do the following:
(a) designate restricted areas of practices within applied biology, and provide for the manner and extent to which a category of members referred to in section 9 (1), or a subcategory of members established in accordance with a rule made under section 9 (2) (b), may engage in a restricted area of practice;
(b) provide for the qualification of practising members as specialists in areas of practice designated under paragraph (c);
(c) designate specialized areas of practice for practising members, and provide that members of the college must not hold themselves out as specialists in these areas unless they are practising members who have qualified in accordance with a rule made under paragraph (b).
Use of titles, abbreviations and designations
11 (1) A person entered in the register for professional biologists may use the titles "professional biologist" and "registered professional biologist", the abbreviation "R.P.Bio." and any other designations authorized under the rules.
(2) A person entered in the register for registered biology technologists may use the title "registered biology technologist", the abbreviation "R.B.Tech." and any other designations authorized under the rules.
(3) A person entered in the register for applied biology technicians may use the title "applied biology technician", the abbreviation "A.B.T." and any other designations authorized under the rules.
(4) A person entered in the register for biologists in training may use the title "biologist in training", the abbreviation "B.I.T." and any other designations authorized under the rules.
(5) A person entered in the register for registered biology technologists in training may use the title "registered biology technologist in training", the abbreviation "Trainee (R.B. Tech.)" and any other designations authorized under the rules.
(6) A person entered in the register for applied biology technicians in training may use the title "applied biology technician in training", the abbreviation "Trainee (A.B.T.)" and any other designations authorized under the rules.
(7) A person entered in the register for a category of members established under section 9 (2) (a) may use
(a) a title or abbreviation referred to in subsections (1) to (6), if
(i) they are authorized to do so under the rules, and
(ii) they comply with any conditions or limitations attached to the use of the title or abbreviation, and
(b) any other designations authorized under the rules.
Unauthorized use of titles prohibited
12 (1) A person must not hold himself or herself out as a member of the college or use a name, title, abbreviation, designation or description in a manner that might reasonably lead to the conclusion that the person is a member of the college, unless the person is a member in good standing of the college.
(2) Without limiting subsection (1), a person must not use a title or abbreviation referred to in section 11, either alone or in combination with any other name, title, abbreviation, designation or description, unless the person is a member in good standing of the college, exercising a right or privilege expressly conferred under this Act or the rules.
(3) Subsection (2) does not apply to designations referred to in section 11 as being authorized under the rules.
Division 2 -- Enrollment, Admission and Reinstatement
Credentials committee
13 (1) The council may establish a credentials committee to
(a) advise the council on matters falling within the scope of this Division, and
(b) carry out other functions consistent with this Division.
(2) The council may authorize the credentials committee to exercise a power, authority or jurisdiction of the council under this Division, other than a rule-making authority.
Application for enrollment, admission or reinstatement
14 (1) On receiving an application for enrollment, admission or reinstatement, the council may
(a) grant the application,
(b) grant the application subject to conditions or limitations to which the applicant consents in writing, or
(c) order a credentials hearing under section 17.
(2) The council may vary conditions or limitations made under subsection (1) (b) if the applicant consents in writing to the variation.
Enrollment of trainees
15 (1) The council may make rules to do the following:
(a) establish requirements, including academic requirements, and procedures for the enrollment of trainees in the college's admission program for trainees;
(b) set fees for enrollment;
(c) establish, maintain or endorse an education program for trainees;
(d) establish requirements for practising members to act as mentors or supervisors of trainees;
(e) stipulate the duties of a practising member who acts as a mentor or supervisor of a trainee;
(f) stipulate the duties of a trainee with respect to a practising member who is acting as their mentor or supervisor.
(2) Rules made under subsection (1) may do the following:
(a) establish different requirements and procedures for enrollment, set different enrollment fees, and establish, maintain or endorse different education programs for biologists in training, registered biology technologists in training and applied biology technicians in training;
(b) establish different requirements and stipulate different duties for practising members who act as mentors or supervisors for biologists in training, practising members who act as mentors or supervisors for registered biology technologists in training, and practising members who act as mentors or supervisors for applied biology technicians in training;
(c) stipulate different duties for biologists in training, registered biology technologists in training and applied biology technicians in training with respect to practising members who act as their mentors or supervisors.
Admission and reinstatement of practising members
16 (1) The council may make rules to do the following:
(a) establish requirements, including academic requirements, and procedures for admission as a practising member;
(b) set fees for admission;
(c) establish requirements and procedures for the reinstatement of former practising members;
(d) set fees for reinstatement;
(e) provide for examinations to assess applicants for admission or reinstatement as practising members.
(2) Rules 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 professional biologists, registered biology technologists and applied biology technicians;
(b) establish different requirements and procedures, set different fees and provide for different examinations for the reinstatement of professional biologists, registered biology technologists and applied biology technicians.
Credentials hearings
17 (1) This section applies to a hearing ordered under section 14 (1) (c).
(2) A hearing must be conducted before a panel appointed under section 28.
(3) Following a hearing, the panel must do one of the following:
(a) grant the application;
(b) grant the application subject to conditions or limitations that the panel considers appropriate;
(c) reject the application.
(4) If an application is rejected, the panel must, on the written request of the applicant, give written reasons for its decision.
(5) On receiving an application, the council may vary or remove conditions or limitations imposed by a panel under this section.
Certificate of registration and seal
18 (1) The registrar must issue to each practising member a certificate of registration on payment of the annual fee, provided the practising member is otherwise in good standing and has complied with this Act and the rules.
(2) A certificate purporting to contain the signature of the registrar stating that a person is, or was at the time specified in the certificate, a practising member in good standing is proof of that fact in the absence of evidence to the contrary.
(3) The council may make rules
(a) providing for the issuance of a seal to practising members in good standing, and
(b) governing the use of the seal.
(4) A practising member whose membership in the college has been suspended or who, for any other reason, ceases to be a member in good standing of the college must immediately surrender to the registrar their certificate of registration and any seal issued to them in accordance with a rule made under subsection (3).
Fees and special assessments
19 (1) The council may make rules to do the following:
(a) set the annual fee to be paid by practising members, which may be different for professional biologists, registered biology technologists and applied biology technicians;
(b) set fees, in addition to the annual fee referred to paragraph (a), to be paid by practising members, trainees, members of the college or applicants;
(c) levy special assessments for a purpose consistent with this Act to be paid by practising members, trainees, members of the college or applicants;
(d) set the date by which a fee, including the annual fee or a special assessment, must be paid;
(e) permit late payment of a fee, including the annual fee or a special assessment;
(f) set a fee for late payment of a fee, including the annual fee or a special assessment;
(g) determine the circumstances in which a full or partial refund of a fee, including the annual fee, or a special assessment, may be made;
(h) waive payment of all or part of a fee, including the annual fee or a special assessment, for a member of the college whom the council wishes to honour.
(2) If a member of the college fails to pay a fee, including the annual fee, a special assessment or a penalty imposed under this Act by the time the fee, assessment or penalty is required to be paid, the member ceases to be a member of the college unless the council otherwise directs subject to rules made under subsection (1).
Part 4 -- Protection of the Public Interest
Division 1 -- Standards of Conduct and Competence
Standards of conduct and competence
20 The council may make rules establishing the following:
(a) standards of professional and ethical conduct, including a code of ethics, for members of the college, which standards may be different for different categories or subcategories of members;
(b) standards of competence for members of the college, which standards may be different for different categories or subcategories of members or different areas of practices;
(c) joint standards of conduct or competence in conjunction with a professional or occupational body referred to in section 3 (2) (b) (ii);
(d) a program to assist members of the college in dealing with professional or ethical issues;
(e) a continuing education program for practising members, which program may be different for professional biologists, registered biology technologists and applied biology technicians.
Audits and practice reviews
21 (1) The council may establish an audit and practice review committee to
(a) advise the council on matters falling within the scope of this Division, and
(b) carry out other functions consistent with this Division.
(2) The council may authorize the audit and practice review committee to exercise a power, authority or jurisdiction of the council under this section, other than a rule-making authority.
(3) The council may authorize a review of the practice of a member of the college, to be carried out by an officer or employee of the college, or a contractor retained by the college for this purpose, if
(a) there is reason to believe that the member may be practising applied biology in an incompetent manner or has professional or ethical difficulties concerning their practice, or
(b) the member consents.
(4) If the council authorizes a practice review under subsection (3), the council may do the following:
(a) by written notice, require a member of the college 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 member's possession or control;
(b) direct a reviewer to prepare a report of the findings of the review, which, if prepared, must also be provided to the member of the college whose practice was the subject of the review;
(c) refer a report required under paragraph (b) to an officer or a committee with directions to
(i) consider whether or not the findings of the review might warrant action under section 24, and
(ii) advise the council or the discipline committee accordingly.
(5) The council may make rules to do the following:
(a) govern the initiation or conduct of a review referred to in subsection (3);
(b) specify the nature and extent of the requirements that may be imposed on a member under subsection (4) (a);
(c) govern the referral of a report under subsection (4) (c).
(6) The council may make rules establishing an audit program to routinely or randomly assess the conduct or competence of members of the college.
Division 2 -- Discipline
Discipline committee
22 (1) The council may establish a discipline committee to
(a) advise the council on matters falling within the scope of this Division, and
(b) carry out other functions consistent with this Division.
(2) The council may authorize the discipline committee to exercise a power, authority or jurisdiction of the council under this Division, other than a rule-making authority.
Complaints from the public
23 (1) A person who believes that a member of the college has
(a) practised applied biology in an incompetent manner, or
(b) been guilty of professional misconduct, conduct unbecoming a practising member, or a breach of this Act or the rules,
may make a complaint to the college, the council or an officer.
(2) The council may make rules 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 council, or an officer or committee authorized to do so by the council, may, on their own initiative or on receipt of a complaint under subsection (1), authorize a practice review under section 21 or take action under section 24.
(5) A member of the college who resigns before or after the beginning of a practice review, discipline investigation, hearing or other proceeding under this Act remains subject to the jurisdiction of the college.
Discipline proceedings
24 (1) The council may do the following:
(a) authorize an investigation into the conduct or competence of a member of the college, to be carried out by an officer or employee of the college, or a contractor retained by the college for this purpose, if there is reason to believe that the member may have been guilty of one or more of the following:
(i) professional misconduct;
(ii) conduct unbecoming a practising member;
(iii) incompetent performance of duties undertaken while engaged in applied biology;
(b) if there is reason to believe that a member of the college 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 member of the college to
(i) cooperate with the investigation,
(ii) answer questions,
(iii) produce files, records or other evidence in the member's possession or control, and
(iv) provide explanations on request;
(c) if there is reason to believe that the conduct or competence of a member of the college may warrant action under this subsection, issue a written notice requiring the member of the college to appear before the council or the discipline committee to discuss the conduct or competence of the member;
(d) issue a citation ordering a discipline hearing under section 27 to inquire into the conduct or competence of a member of the college;
(e) rescind a citation.
(2) The council may make rules to do the following:
(a) authorize the council to summarily suspend or rescind the membership of a member of the college convicted of an indictable offence, or to summarily reject the application of an applicant convicted of an indictable offence;
(b) govern the initiation or conduct of an investigation referred to in subsection (1) (a);
(c) specify the nature and extent of the requirements that may be imposed on a member in a notice issued under subsection (1) (b);
(d) govern the initiation or conduct of an appearance before the council or the discipline committee under subsection (1) (c);
(e) govern the issuance or rescission of a citation.
Search and seizure
25 (1) The college may apply to the Supreme Court for an order that files, records or other evidence, wherever located, belonging to or relating to a member of the college, be seized from the person named in the order if there are reasonable grounds to believe that the member may have committed or will commit
(a) professional misconduct,
(b) conduct unbecoming a practising member, or
(c) a breach of this Act or the rules.
(2) An application under subsection (1) may be made without notice to anyone or on the notice that the court requires.
(3) The person making an application for the college under subsection (1) must state on oath or by affirmation the grounds for believing
(i) the matter referred to in subsection (1), and
(ii) that the seizure will produce evidence relevant to that matter.
(4) In an order under subsection (1), the court may
(a) designate the person who will conduct the seizure and authorize that person to conduct it,
(b) state the time and place where the seizure will take place, and
(c) give any other directions necessary to carry out the seizure.
(5) This section does not apply to files, records or other evidence subject to solicitor-client privilege.
Confidentiality
26 (1) A person who obtains information, files or records while carrying out an audit, a practice review or a discipline investigation must not disclose the information, files or records to anyone, unless it is for the purpose of carrying out a duty under this Act or the rules or required by law.
(2) Except in respect of a proceeding under this Act or the rules, a person to whom subsection (1) applies must not be compelled in a civil proceeding to disclose or give evidence respecting any information, files or records obtained in the course of conducting an audit, a practice review or a discipline investigation.
Discipline hearings
27 (1) This section applies to the hearing of a citation.
(2) A hearing must be conducted before a panel appointed under section 28.
(3) A panel 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.
(4) After a hearing, a panel 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 practising member;
(iii) incompetent performance of duties undertaken while engaged in applied biology.
(5) If, under subsection (4), an adverse determination is made against a respondent, other than a trainee, the panel must do one or more of the following:
(a) reprimand the respondent;
(b) impose a penalty on the respondent in an amount not exceeding $10 000;
(c) impose conditions on the respondent's registration as a member of the college;
(d) suspend the respondent's membership in the college
(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) rescind the respondent's membership in the college;
(f) require the respondent to
(i) complete a remedial program to the satisfaction of the council or the audit and practice review committee, or
(ii) appear before a board of examiners appointed by the council or the audit and practice review committee and satisfy the board that the respondent is competent to practise applied biology.
(6) If, under subsection (4), an adverse determination is made against a trainee, the panel may do one or more of the following:
(a) reprimand the trainee;
(b) impose a penalty on the trainee in an amount not exceeding $2 000;
(c) rescind the enrollment of the trainee.
(7) A penalty imposed under this Act may be recovered as a debt owing to the college and, when collected, is the property of the college.
Part 5 -- Hearings, Reviews and Appeals
Panels to conduct hearings
28 (1) The council, or an officer or committee authorized to do so by the council, must establish panels to conduct hearings under section 17 or 27.
(2) Subject to subsection (1), the council may make rules for
(a) the appointment and composition of panels, which may be different for hearings under section 17 and hearings under section 27, and
(b) the practice and procedure for proceedings before panels, which may
(i) be different for hearings under section 17 and hearings under section 27, and
(ii) provide for oral or written hearings.
(3) A panel may order an applicant or respondent who is the subject of a hearing under section 17 or 27 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
29 (1) This section applies if an applicant or respondent fails to attend or remain in attendance at any of the following hearings, as applicable:
(a) a credentials hearing under section 17;
(b) a discipline hearing under section 27;
(c) a review by the council under section 33.
(2) If satisfied that the applicant or respondent has been notified of a hearing referred to in subsection (1), the panel or the council, as applicable, may proceed with the hearing in the absence of the applicant or respondent and make any order that the panel or the council could have made in the presence of the applicant or respondent.
Right to counsel
30 (1) An applicant or respondent may appear with counsel at any applicable hearing described in section 29 (1).
(2) The council, an employee or officer or a committee may employ or retain legal or other assistance in exercising any power, authority or jurisdiction conferred under this Act or the rules, including the conduct of an audit, practice review or discipline investigation, or the issuance of a citation, and may be represented by counsel at any hearing described in section 29 (1).
(3) A panel, or the council with respect to a review under section 33, may employ or retain legal or other assistance in conducting a hearing.
Witnesses
31 (1) For a discipline hearing under section 27, a panel or panel member has the powers, protection and privileges of a commissioner under sections 12, 15 and 16 of the Inquiry
Act.
(2) The college 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 Rules of Court be issued to compel the attendance of a person as a witness at a discipline hearing under section 27.
(3) The Rules of Court respecting the following apply to a person who is the subject of an order under subsection (2):
(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 order of the court.
Costs
32 (1) A panel, in the context of a discipline hearing under section 27, or the council, in the context of a review under section 33 of a determination, order or decision arising out of the discipline hearing, may require the respondent to pay the costs of any or all of the following:
(a) a discipline investigation;
(b) the hearing under section 27;
(c) the review under section 33.
(2) Costs assessed under subsection (1)
(a) must not exceed the actual costs incurred by the college during the course of the investigation, hearing and review, and
(b) may include the salary costs for employees or officers engaged in the investigation, hearing and review.
(3) The council may make rules 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 the college and, when collected, that amount is the property of the college.
Review on the record
33 (1) Within 30 days of receiving notice of a determination, order or decision of a panel under section 17 or 27, the applicant or respondent may apply in writing to the council for a review on the record.
(2) Within 30 days of the date of the determination, order or decision of a panel under section 17, the credentials committee may refer the matter to the council for a review on the record.
(3) Within 30 days of the date of the determination, order or decision of a panel under section 27, the discipline committee may refer the matter to the council for a review on the record.
(4) On receipt of a request under subsection (1) or a referral under subsection (2) or (3), the council must conduct a review of the record.
(5) Despite subsections (1) to (4), if, in the opinion of the council, there are special circumstances, the council may hear evidence that is not part of the record.
(6) After a hearing under this section, the council may
(a) confirm the determination, order or decision of the panel,
(b) substitute a determination, order or decision that the panel could have made under this Act or the rules, or
(c) send the matter back to the panel with directions.
(7) The council may make rules establishing
(a) procedures for an application for review under this section, and
(b) the practice and procedure for proceedings before the council under this section, which may
(i) be different for reviews of determinations, orders or decisions arising out of hearings under section 17 and reviews of determinations, orders or decisions arising out of hearings under section 27, and
(ii) provide for oral or written hearings.
Appeal
34 (1) An applicant or respondent who is the subject of a determination, order or decision of the council under section 33, may appeal the determination, order or decision to the Supreme Court on a question of law or jurisdiction.
(2) The Supreme Court may confirm, vary or reverse the determination, order or decision referred to in subsection (1) or send the matter back to the council with directions.
(3) An appeal under this section must be brought within 30 days after written notice of the determination, order or decision was given to the applicant or respondent.
(4) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.
Part 6 -- General
Offence
35 (1) Section 5 of the Offence Act does not apply to this Act or to the rules.
(2) A person who contravenes section 12 commits an offence and on conviction may be sentenced to a fine of up to $5 000.
(3) In a prosecution under subsection (2),
(a) a certificate signed by the registrar stating that a person is or is not
(i) a member of the college, or
(ii) a member within a particular category or subcategory,
is, in the absence of evidence to the contrary, conclusive proof that the person is or is not a member of the college or a member within a particular category or subcategory, and
(b) it is sufficient proof of the offence to establish that a person committed a single instance of the alleged offence.
(4) If a contravention of section 12 occurs on more than one occasion, the person is liable, without notice and without a separate charge being laid, to a separate fine of up to $5 000 for each occasion on which the contravention occurs.
Injunctions
36 (1) The college may apply to the Supreme Court for an injunction restraining a person from contravening this Act or the rules.
(2) The court may grant an injunction sought under subsection (1) if the court is satisfied that there is reason to believe that there has been or will be a contravention of this Act or the rules.
(3) The court may grant an interim injunction until the outcome of an action commenced under subsection (1).
Protection against lawsuits
37 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a councillor, employee or officer or any other individual acting on behalf of the college or under the direction of the council, because of anything done or omitted
(a) in the performance or intended performance of any duty on behalf of the college under this Act or the rules, or
(b) in the exercise or intended exercise of any power on behalf of the college under this Act or the rules.
(2) Subsection (1) does not apply to an individual referred to in that subsection in relation to anything done or omitted in bad faith.
(3) The college must indemnify an individual referred to in subsection (1) for any costs or expenses incurred by the individual in any legal proceedings taken for anything done or not done in good faith while acting or purporting to act on behalf of the college under this Act or the rules.
(4) Subsection (1) does not absolve the college from vicarious liability arising out of anything done or omitted by an individual referred to in that subsection for which the college would be vicariously liable if this section were not in force.
(5) The council may purchase and maintain insurance
(a) protecting the college, its councillors, employees and officers, and former councillors, employees and officers, against liability arising out of the operations or activities of the college, and
(b) providing for indemnity with respect to any claims arising out of acts done or not done in good faith by those individuals while acting or purporting to act on behalf of the college.
Part 7 -- Transitional Provisions
The association
38 (1) In this Part, "association" means the Association of Professional Biologists of British Columbia, established under the Society
Act.
(2) The members of the association at their sole discretion may continue the association under the Society
Act, subject to the requirements of this section.
(3) On this section and sections 11 and 12 coming into force,
(a) the designation under section 88 (3) of the Society Act of the words "registered professional biologists" and the initials "R.P. Bio." to identify members of the association is rescinded, and
(b) Part 10 of the Society Act does not apply to the association.
(4) The bylaws of the association must not regulate or purport to regulate the conduct or competence of its members or the practice of applied biology.
(5) Membership in the association must not be made a requirement or condition of membership in the college.
(6) Subject to subsection (7), the members of the association at their sole discretion may pay, transfer or deliver all or part of the association's assets to the college, provided the association's debts have been paid or provision for payment has been made.
(7) If the association is dissolved within 2 years of the date on which this section comes into force, the assets remaining after all debts of the association have been paid, or provision for their payment has been made, must be paid, transferred or delivered to the college.
(8) Subsection (7) does not apply to the extent that the constitution or bylaws or a resolution of the members of the association provides that the assets remaining as described in subsection (7) be otherwise dealt with.
Transitional proceedings, rules and appointments
39 (1) For the purposes of this section,
(a) the constitution and bylaws of the association that were in effect immediately before this Act comes into force are deemed to be the "enactment" referred to in section 35 of the Interpretation Act and the "former enactment" referred to in section 36 of that Act, and
(b) this Act and the rules are deemed to be the "new enactment" referred to in section 36 of the Interpretation
Act.
(2) Sections 35 (1) (d) and (e) and (2) and 36 (1) (b), (c) and (d) of the Interpretation Act apply to the following:
(a) the council as though it were the board of directors defined in the former enactment;
(b) the discipline committee or a panel as though the discipline committee or the panel were the discipline committee as defined in the former enactment;
(c) bylaws made under the former enactment that governed the conduct, competence or discipline of members of the association as though they were rules made under this Act;
(d) a proceeding commenced under the former enactment to investigate or discipline a member of the association;
(e) a proceeding commenced by the college on receipt of a complaint under subsection (7) as if it were a proceeding commenced under the former enactment.
(3) The council may make rules to facilitate the transition from the former enactment to the new enactment.
(4) Subject to subsections (5) and (10), a rule made under subsection (3) may authorize the name of a person who is a member of the association on the date this section comes into force to be entered in one of the registers created under section 9 (3), thereby enrolling or admitting the person to one of the categories of members referred to in section 9 (1), without recourse to the normal enrollment and admission procedures provided for under this Act.
(5) A person who is a member of the association on the date this section comes into force is deemed to be a member of the college for one year from that date.
(6) A person who
(a) is deemed to be a member of the college under subsection (5), and
(b) resigns from or otherwise ceases to be a member of the college,
remains subject to the jurisdiction of the college with respect to a proceeding referred to in subsection (2) (d) or (e).
(7) A person who believes that a member of the college practised applied biology incompetently or was guilty of professional misconduct while a member of the association, may make a complaint to the college, and the college may commence a proceeding to investigate or discipline the member, provided
(a) the events giving rise to the complaint occurred not more than one year before the date on which this section comes into force, and
(b) the complaint is made within 6 months of the date on which this section comes into force.
(8) To facilitate the transition from the former enactment to the new enactment, the minister may appoint elected directors of the association to serve as
(a) temporary councillors who, on appointment under this section, are deemed to have been elected for the purposes of section 5 (1) (b), and
(b) a temporary president and temporary vice presidents who, on appointment under this section, are deemed to have been elected for the purposes of section 5 (1) (c).
(9) The term of an appointment made under subsection (8) ends on the earlier of
(a) one year after the date on which this section comes into force, and
(b) the election of a president, vice presidents or councillors, as applicable.
(10) The Lieutenant Governor in Council may make regulations to defer the application of this Act to
(a) registered biology technologists,
(b) applied biology technicians,
(c) registered biology technologists in training, or
(d) applied biology technicians in training,
until the time the Lieutenant Governor in Council considers it appropriate to apply this Act to one or more of the categories of members in paragraphs (a) to (d).
Commencement
40 This Act comes into force by regulation of the Lieutenant Governor in Council.