DISCIPLINARY PROCEDURES EXCERPTED FROM
THE PROFESSIONAL AND OCCUPATIONAL ASSOCIATIONS REGISTRATION ACT (POARA)
Full text available at
http://www.qp.gov.ab.ca/documents/Acts/P26.cfm?frm_isbn=0779727681
Discipline Committee
17 A registered association shall establish a Discipline
Committee in accordance with the regulations.
1985 cP-18.5 s17
Chair
18(1) A Discipline Committee shall choose one of its members to
act as chair and a member to act as vice-chair.
(2) In the absence or inability to act of the chair, the vice-chair has
the powers and duties of the chair.
1985 cP-18.5 s18
Part 3
Complaint Proceedings
Conduct
19 Any conduct of a member of a registered association that in
the opinion of a Discipline Committee or of a governing body
reviewing an order pursuant to section 35
(a) is detrimental to the best interests of the public,
(b) harms or tends to harm the standing of the profession or
occupation generally, or
(c) displays a lack of knowledge of or a lack of skill or
judgment in the practice of the profession or occupation,
whether or not that conduct is disgraceful or dishonourable,
constitutes either professional or occupational misconduct or
unskilled practice of the profession or occupation, whichever the
Discipline Committee or the governing body finds.
1985 cP-18.5 s19
Making a complaint
20(1) A person who has a complaint that the conduct of a member
of a registered association constitutes
(a) unskilled practice of the profession or occupation, or
(b) professional or occupational misconduct,
may submit a signed, written complaint to the chair.
(2) Proceedings on a complaint with respect to a member of a
registered association whose registration was cancelled or
suspended pursuant to this Act may, notwithstanding the
cancellation or suspension, be commenced within one year
following the date of cancellation or suspension as if the
cancellation or suspension had not occurred.
1985 cP-18.5 s20
Notice of complaint
21(1) On receiving a complaint under section 20, the chair shall
serve notice of the complaint on the member of the registered
association named in the complaint.
(2) The notice shall include a request for a written response to the
complaint in accordance with the regulations.
(3) Within 30 days after service of the notice under subsection (1),
the chair shall direct
(a) that no further action be taken, if the chair is satisfied that
the complaint is frivolous or vexatious, or
(b) that a hearing be held before a Discipline Committee not
more than 60 days after receipt of the complaint, or within
any longer period on which the chair and the member
agree, to consider the complaint.
1985 cP-18.5 s21
Notice of direction
22(1) The chair shall serve the investigated person and the
complainant with notice of any direction made under section 21(3).
(2) A complainant who is served with a notice informing the
complainant that a direction under section 21(3)(a) has been made
may, within 30 days after receipt of the notice, appeal that decision
to the governing body of the registered association by a signed
written notice served on the president of the registered association.
(3) On an appeal under subsection (2), the governing body shall at
its next scheduled meeting determine whether
(a) the complaint is frivolous or vexatious, or
(b) the complaint should be referred to the Discipline
Committee for a hearing in accordance with this Act and,
if so, the time limits, if any, within which the hearing
must be held, and shall serve its written decision on the complainant, the
investigated person and the chair.
1985 cP-18.5 s22
Notice of hearing
23 If a hearing is to be held pursuant to section 21(3)(b) or
22(3)(b), the chair shall, at least 30 days before the hearing, serve
on the investigated person and the complainant a notice stating the
date, time and place at which the Discipline Committee will hold
the hearing.
1985 cP-18.5 s23
Adjournment
24 A Discipline Committee may adjourn a hearing from time to
time.
1985 cP-18.5 s24
Suspension
25 Notwithstanding anything in this Act, a Discipline Committee
may suspend the registration of an investigated person pending its
decision on the complaint.
1985 cP-18.5 s25
Counsel
26 The investigated person may make oral representations and be
represented at a hearing by an agent or counsel.
1985 cP-18.5 s26
Private proceedings
27 All proceedings before a Discipline Committee and the
governing body with respect to complaints may be held in camera.
1985 cP-18.5 s27
Evidence
28(1) Evidence may be given before a Discipline Committee in
any manner that the Committee considers appropriate, and the
Committee is not bound by the rules of law respecting evidence
applicable to judicial proceedings.
(2) For the purposes of a hearing under this Act, any member of
the governing body or a Discipline Committee has the power of a
commissioner for oaths under the Commissioners for Oaths Act.
1985 cP-18.5 s28
Witness
29(1) The investigated person and any other registered member of
the association who in the opinion of a Discipline Committee has
knowledge of the subject-matter of a hearing are compellable
witnesses in a hearing under this Part.
(2) A witness referred to in subsection (1) may be examined under
oath on all matters relevant to the investigation and shall not be
excused from answering any question on the ground that the
answer might
(a) tend to incriminate the witness,
(b) subject the witness to punishment under this Part, or
(c) tend to establish the witness's liability
(i) to a civil proceeding at the instance of the Crown or
of any other person, or
(ii) to prosecution under any Act or regulations under
any Act, but if the answer so given tends to incriminate the witness, subjects
the witness to punishment or establishes the witness's liability, it
shall not be used or received against the witness in any civil
proceedings, in a prosecution under Part 4 or in any proceedings
under any other Act, except in a prosecution for or proceedings in
respect of perjury or the giving of contradictory evidence.
(3) For the purpose of obtaining the testimony of a witness who is
out of Alberta, a judge of the Court of Queen's Bench on an
application made ex parte by the registered association may direct
the issuing of a commission for the obtaining of the evidence of the
witness, and the commission shall be issued and the evidence taken
pursuant to the Alberta Rules of Court.
1985 cP-18.5 s29
Witness attendance, production
30(1) The attendance of witnesses referred to in section 29(1)
before a Discipline Committee and the production of reports,
books, papers and other documents, materials or records that are
relevant to the investigation may be enforced by a notice issued by
the chair requiring the witness to attend and stating the date, time
and place at which the witness is to attend and the reports, books,
papers and other documents, materials or records, if any, that the
witness is required to produce.
(2) On the written request of the investigated person or of that
person's counsel or agent, the chair shall without charge issue and
deliver to that person or that person's counsel or agent any notices
that may be required under subsection (1).
(3) A witness, other than the investigated person, who has been
served with a notice under subsection (1) or (2) is entitled to be
paid the same fees as are payable to a witness in an action in the
Court of Queen's Bench.
1985 cP-18.5 s30
Failure to attend or give evidence
31(1) Proceedings for civil contempt of court may be brought
against a witness
(a) who fails
(i) to attend before the Discipline Committee in
compliance with a notice to attend, or
(ii) to produce anything referred to in section 30(1) in
compliance with a notice to produce it,
or
(b) who refuses to be sworn or to answer any question
directed to be answered by the Discipline Committee.
(2) If the witness referred to in subsection (1) is the investigated
person, the witness's failure or refusal may be held to be
professional or occupational misconduct as determined by the
Discipline Committee.
1985 cP-18.5 s31
Hearing in absence of investigated person
32 A Discipline Committee, on proof of service of the notice of
hearing on the investigated person, may
(a) proceed with the hearing in the absence of the investigated
person, and
(b) act, decide or report on the matter being heard in the same
way as though the investigated person were in attendance.
1985 cP-18.5 s32
Order
33(1) If a Discipline Committee is satisfied that a complaint
against the investigated person of professional or occupational
misconduct or unskilled practice of the profession or occupation
has been proved in whole or in part, it may, by order, do any one or
more of the following:
(a) direct the suspension of the registration of the investigated
person for a stated period with or without conditions,
including completion of a specified course of studies or
obtaining supervised practical experience;
(b) direct the cancellation of the investigated person's
registration;
(c) require the investigated person to complete the training
prescribed by the Discipline Committee at the times and
in the manner specified in the order.
(2) A Discipline Committee shall
(a) serve any order it makes, together with written reasons for
making the order, on the investigated person, and
(b) inform the complainant in writing of the nature of the
order.
1985 cP-18.5 s33
Payment of fines and costs
34(1) The Discipline Committee may, in addition to or instead of
dealing with the conduct of an investigated person in accordance
with section 33, order that the investigated person pay to the
registered association
(a) all or part of the costs, determined in accordance with the
regulations, of the hearing before the Discipline
Committee or a review under section 35,
(b) a fine not exceeding $5000 for each finding of unskilled
practice or professional or occupational misconduct or
$25 000 in the aggregate for all such findings arising out
of the hearing, or
(c) both the costs under clause (a) and the fine under clause
(b), within the time set by the order.
(2) If the person ordered to pay a fine or costs, or both, under
subsection (1) fails to pay the fine or costs, or both, within the time
ordered, the governing body of the registered association may
suspend the registration of that person until the fine or costs, or
both, are paid.
(3) If the governing body finds under section 22(3)(a) that a
complaint is frivolous or vexatious, the Discipline Committee may
order the complainant to pay all or part of the costs, determined in
accordance with the regulations, of the proceeding before the
governing body.
(4) A fine or costs ordered to be paid under this section are a debt
due to the registered association and may be recovered by the
association by civil action for debt.
1988 c40 s3
Review application
35(1) A member of the Discipline Committee or the investigated
person in respect of whom an order has been made under section 33
or 34(1) may, within 30 days after the service of the order, by
written notice served on the president of the registered association,
request the governing body to review the order.
(2) A notice under subsection (1) shall set out the reasons for the
request and describe the order being appealed.
(3) On receiving a written request to review an order, the
governing body shall review the order and the reasons for the order
forthwith.
1985 cP-18.5 s34;1988 c40 s4
Review
36(1) The governing body, in conducting a review under section
35, may
(a) amend, substitute or add to the particulars of the matter
being investigated;
(b) adjourn the proceedings or reserve the determination of
the matters before it for a future meeting of the governing
body;
(c) review all or any part of the evidence given before the
Discipline Committee in the same manner and subject to
the same rules and with the same powers as are provided
with respect to hearings before the Discipline Committee;
(d) on an application to receive further evidence, inquire as to
the nature of that further evidence and, on granting leave,
receive part or all of that further evidence in the same
manner and subject to the same rules and with the same
powers as are provided with respect to hearings before the
Discipline Committee.
(2) The Discipline Committee and the investigated person may
make oral representations and be represented by an agent or
counsel at the review.
(3) The governing body may
(a) draw inferences of fact and make any determination or
finding that in its opinion ought to have been made by the
Discipline Committee, or
(b) quash, vary or confirm the finding or order of the
Discipline Committee.
(4) The governing body shall
(a) serve the investigated person with a copy of the governing
body's decision and of the reasons for its decision, and
(b) inform the complainant in writing of the nature of the
decision.
1985 cP-18.5 s35
Appeal
37(1) A party to proceedings before the governing body under
section 36 may, within 30 days after the date of service of the
decision of the governing body, appeal to the Court of Queen's
Bench by way of originating notice.
(2) The originating notice shall
(a) name the governing body as the respondent,
(b) state the reasons for the appeal, and
(c) be served on the chair, the governing body and any other
party to the proceedings, within 30 days after the date of
service of the order of the governing body.
(3) An appeal under this section shall be by way of a rehearing of
the matter on the merits.
1985 cP-18.5 s36
Powers of Court
38(1) The Court, on hearing the appeal, may make any findings of
fact that in its opinion ought to have been made and may
(a) reverse, confirm or vary any decision or order made by
the governing body or substitute its own decision for the
decision of the governing body, or
(b) refer the matter back to the governing body for further
consideration by it.
(2) The Court may make any award respecting the costs of an
appeal that it considers appropriate.
1985 cP-18.5 s37