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December 9, 1994 Printed by the Legislative Assembly of Ontario 1 Page 2 Bill Pr129 1994 An Act respecting the Ontario Professional Planners Institute



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December 9, 1994 Printed by the Legislative Assembly of Ontario 1 Page 2 Bill Pr129 1994 An Act respecting the Ontario Professional Planners Institute



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3RD SESSION, 35m LEGISLATURE, ONTARIO

43 ELIZABETH 11, 1994

Bill Pr129(Chapter Pr44

Statutes of Ontario, 1994)

An Act respecting the

Ontario Professional Planners Institute

Mr. Martin

1st ReadingNovember 2, 1994

2nd ReadingDecember 7, 1994

3rd ReadingDecember 7, 1994

Royal AssentDecember 9, 1994

Printed by the Legislative Assembly of Ontario

..1

Bill Pr1291994

An Act respecting the

Ontario Professional Planners Institute

PreambleThe Ontario Professional Planners Institute has applied for special legislation to grant certain of its members the right to exclusively use the designations "Registered Professional Planner" and "R.P.P." and to enable it to govern and discipline its members.The applicant repre-sents that it is a corporation.

It is appropriate to grant the application.

Therefore, Her Majesty, by and with the advice

and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Definition1. In this Act, "council" means the board of directors of the Institute.

Corporation2. (1) The Ontario Professional PlannerscontinuedInstitute is continued as a corporation without

share capital.

Members of(2) The persons registered as members ofthe c `por-the Institute on the day this Act comes into

force and such other persons who later become members of the Institute constitute the corpor- ation.

Continuation(3) The members of the council in officeof the present immediately before the coming into force ofcouncilthis Act are continued in office until their suc-

cessors are elected or appointed under this Act.

Letters patent(4) The letters patent of the Institute are`evoked revoked, but the revocation of the letters patent

does not affect the rights or obligations of the

Institute or any by-law, resolution or appoint-

ment of the Institute except to the extent that the by-law, resolution or appointment is incon- sistent with this Act.

Special Act(5) The Institute shall be deemed to be acorporation corporation incorporated by a special Act.

(c)to promote the value, use and methods of planning; (d)to improve the quality of Ontario envi- ronments and communities by the ap- plication of planning principles; (e)to encourage participation and co-oper- ation among those persons, associations and groups concerned with improving the quality of Ontario environments and communities; (f)to stimulate the generation, develop- ment, dissemination and discussion of ideas on planning. (2) In subsection (1), planning includes the Planning scientific, aesthetic and orderly disposition of land, resources, facilities and services, with a view to securing physical, economic and social efficiency, a sound environment, health andwell-being.

4.The affairs of the Institute shall be man- council

aged by the council, constituted in accordance with the by-laws of the Institute.

5.(1) The council may pass by-laws regard- By-laws

ing such matters as are necessary to conduct the business and carry out the objects of the

Institute, including,

(a)regulating and governing the rights and responsibilities of members of the Insti-tute; (b)prescribing fees payable to the Institute;and (c)providing for affiliation agreements with

other organizations.Objects3. (1) The objects of the Institute are,(2) Without restricting the generality of sub- Same

section (1), the council shall pass by-laws,(a)to promote, maintain and regulate high standards of professional planning prac- tice and ethical behaviour; (b)to further the recognition of the plan- ning profession in Ontario; (a) establishing one class of membership to be known as full membership and pre- scribing other classes of membership of the Institute, including retired member-ship; (b)prescribing the academic, experience and examination requirements for the various classes of membership in the

Institute; and

(c)regulating and governing the conduct of members of the Institute in the practice of their profession, by prescribing rules of professional conduct and standards of practice and by providing for suspen- sions, expulsions or other penalties for professional misconduct, incapacity or incompetence. (3) No by-law passed by the council comes into force until it is confirmed or amended and confirmed by the members of the Institute at an annual meeting or at a special meeting called for the purpose of considering the by- law.

6. For the purpose of any meeting, members

of the Institute may, if the by-laws so provide and in the manner set out in the by-laws, cast their votes by mail. Membership 7. (1) The Institute shall admit to a class of membership any person who applies to be- come a member of that class in accordance with the by-laws if the person has fulfilled the academic, experience and examination re- quirements prescribed by the by-laws for that class of membership.

Confirmationof by-laws

Vote by mail

Admission to(2) Despite subsection (1), the Institute shallfull member- admit as a full member any person who appliesshipto become a full member in accordance with

the by-laws and, (a)who is a member of that class of membership in the Canadian Institute of

Planners that is equivalent to full

membership in the Ontario Professional

Planners Institute; or

(b)who is a member of a class of member- ship in a professional planners organiz- ation outside Canada that is considered by the council to be equivalent to full membership in the Institute, if the appli- cant fulfils the examination require- ments referred to in subsection (1).

By-laws not(3) No by-law of the Institute shall have theto discrimi- effect of prohibiting any person from beingnateadmitted to any class of membership of the

Institute by virtue of his or her academic cre-

dentials or professional experience having been obtained outside Ontario or Canada. Bill Pr129ONT. PROFESSIONAL PLANNERS INSTITUTE1994 (4) Every person who was a member of the Membership Institute immediately before the coming into continued force of this Act, and who was entitled by virtue of his or her class of membership to be nominated for election to the council, becomes a full member of the Institute upon the coming into force of this Act.

8. (1) The council shall appoint a registrar Register

whose duties shall include keeping a register in which shall be entered the names of all members of the Institute in good standing and each member's class of membership. (2) Only those persons whose names appear Privileges in the register are entitled to the privileges of membership in the Institute. (3) The register shall be open to examin- Open to the ation by the public at the head office of the public

Institute during normal business hours.

(4) A copy of the register, certified by the Evidence registrar as a true copy, shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of a per- son's membership and class of membership in the Institute. (5) A certificate purporting to be signed by same the registrar is proof, in the absence of evi- dence to the contrary, that such person is the registrar without proof of the person's signa- ture or of the person being in fact the registrar. (6) The absence of the name of any person Same from a copy of the register certified by the registrar as a true copy is proof, in the absence of evidence to the contrary, that the person is not a member of the Institute.

9. (1) Every full member of the Institute Designations

may use the designations "Registered Pro- fessional Planner" and "R.P.P.". (2) Every retired member of the Institute Same may use the designations "Registered Pro- fessional Planner" and "R.P.P." together with an indication that the person is a retired member. (3) A person in Ontario who is not a full Offence member or a retired member of the Institute is guilty of an offence, (a) if the person takes or uses the designa- tion "Registered Professional Planner" or "R.P.P." alone or in combination with any other word, name, title, initial or description; or (b) if the person implies, suggests or holds themself out as a full member or a re- tired member of the Institute.

1994ONT. PROFESSIONAL PLANNERS INSTITUTEBill Pr129

Penalty

Right to

practise unaffected

Reconsider-

ation by council

Appeal

(4)On conviction of an offence under sub- section (2), the person is liable to a fine of not more than $5,000. (5)This Act does not affect or interfere with the right of any person who is not a full member or a retired member of the Institute to describe himself or herself as a planner or a professional planner or to practise as a planner or a professional planner or to work in the field of planning.

10. (1) Upon request by any person who

applies to become a member of the Institute, or by any party to a disciplinary proceeding con- ducted by the Institute in accordance with its by-laws, the council shall reconsider any pro- cess or action undertaken by the Institute with respect to such application or proceeding. (2) A person who, after a reconsideration by the council under subsection (1), has been refused membership in the Institute or has been subject to a disciplinary sanction under the by-laws may appeal to the Divisional Court from the refusal or sanction. (3)Upon the request of a person desiring to Record appeal to the Divisional Court and upon pay- ment of a reasonable fee, the Institute shall give the person a certified copy of the record of the application or proceeding, including the documents submitted and the decision ap- pealed from. (4)An appeal under this section may be Grounds for made on questions of law or fact or both.appeal (5)In an appeal under this section, the court Powers of may affirm, rescind or vary the decision being court appealed, may substitute its opinion for that of the Institute and may exercise the powers of the Institute, may refer the matter for rehearing in whole or in part or may direct the Institute to take such action as the court considersappropriate. (6)The Institute is a party to an appeal Institute is a under this section.pay

11.This Act comes into force on the day it Commence-

receives Royal Assent.Dent

12.The short title of this Act is the Ontario Short title

Professional Planners Institute Act; 1994.

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