Alberta Regulation 197/96
Professional and Occupational
Associations Registration Ac
ALBERTA SHORTHAND REPORTERS REGULATION
Filed: August 21, 1996
Approved by the Lieutenant Governor in
Council (O.C. 396/96)
pursuant to sections 9 and 14 of the
Professional and Occupational
Associations Registration Act
Definitions
1. In this Regulation,
a.
"Act" means the Professional
and Occupational Associations Registration Act;
b.
"association member" means a person who is registered as an
association member under this Regulation
c.
"Association" means the Alberta Shorthand Reporters
Association;
d.
"Association Registrar" means the Registrar of the Association
appointed under the by-laws;
e.
"certified shorthand reporter" means a person who is
registered as a certified shorthand reporter under this Regulation;
f.
"Council" means the Council of the Association established
under the by-laws;
g.
"Discipline Committee" means the Discipline Committee
established pursuant to section 16;
h.
"honorary member" means a person who is registered as an
honorary member under this Regulation;
i.
"member" means a certified shorthand reporter, a participating
shorthand reporter, an associate member, a student member and an honorary
member;
j.
"participating shorthand reporter" means a person who is
registered as a participating shorthand reporter under this Regulation;
k.
"Practice Review Committee" means the Practice Review
Committee established pursuant to section 12;
l.
"practising reporter"
means anyone who is actively engaged in shorthand reporting;
m.
"Registration Committee" means the Registration Committee
established under section 2;
n.
"shorthand reporting" means the taking of a verbatim record of
the spoken word by means of shorthand symbols either manually or by machine and
the reading back an d the transcribing of those
shorthand notes on request;
o.
"student member" means a person who is registered as a student
member under this Regulation.
Registration Committee
2(1) There is hereby established a Registration
Committee consisting of not fewer than 4 certified shorthand reporters, one of
whom shall be designated as the chair of the Committee.
a.
The Registration Committee shall be appointed by the Council in
accordance with the by-laws.
b.
The Registration Committee shall meet at the call of the chair.
c.
A quorum at a meeting of the Registration Committee is a majority of
members.
Powers and duties of Registration
Committee
3(1) The
Registration Committee shall consider applications from persons to become
members of the Association in accordance with this Regulation and may
a.
approve the registration if the applicant meets the requirements in
section 8, or
b.
refuse to approve the registration.
(2) The
Registration Committee shall send a written notice of any decision made by it
to the applicant.
(3) If
the decision made by the Registration Committee is to refuse the registration,
written reasons for the decision shall be sent to the applicant.
Review of application
4(1) An
applicant whose application for registration is refused by the Registration
Committee may, by notice in writing served on the Association Registrar within
30 days of receiving a notice of refusal and the reasons for it, appeal the
refusal, and the notice of appeal shall set out the reasons why, in the
applicant's opinion, the applicant's registration should be approved.
(2) An
applicant who appeals a decision of the Registration Committee under subsection
(1)
a. shall be notified in writing by the
Association Registrar of the date, place and time that the Council will hear
the appeal, and
b. is entitled to appear with counsel and make
representations to the Council when it hears the appeal.
(3) A
member of the Registration Committee who is also a member of the Council may
participate in the appeal but shall not vote on a decision of the Council under
this section and shall not be counted for the purposes of a quorum.
(4) On hearing an appeal under this section,
the Council may make any decision the Registration Committee may make, and
shall notify the applicant of its decision.
Classes of membership
5 There shall be the following categories of
membership in the Association:
a.
certified shorthand reporter;
b.
participating shorthand reporter;
c.
associate member;
d.
student member:
e.
honorary member.
Registers
6(1) The
Association Registrar shall maintain a register for each category of membership
in the Association.
(2) The registers of certified shorthand
reporters, participating shorthand reporters, associate members and student
members shall contain the following information with respect to each member:
a.
the member's full name;
b.
the member's business address;
c.
the member's registration number;
d.
the commencement date of the current period of continuous membership of
the member in that register;
(3) The register of honorary members shall
contain the following information with respect to each member:
a.
the member's full name;
b.
the member's mailing address;
c.
the member's registration number;
d.
the date of the member's initial membership in that register.
Application and fees
7 An application for registration under
section 8 must be in the form prescribed by the Council and must be accompanied
by the fee provided for in the by-laws.
Eligibility for registration
8(1) A person is
eligible to be registered as a certified shorthand reporter if that person
satisfies the Registration Committee that he
a. is a practising reporter,
b. is of good character and reputation, and
c. has
i. successfully passed the Alberta Shorthand
Reporters Association's Certified Shorthand Reporter examination,
ii. successfully passed both portions of the
National Court Reporters Association's Registered Professional Reporter
examination, or
iii. been registered as a participating member
for at least one year immediately before the date of the application, and
A. has graduated from a National Court
Reporters Association recognized school of court reporting, or
B. has at least 5 years of work experience as
a court reporter.
(2) A person is eligible to be registered as a
participating shorthand reporter if that person satisfies the Registration
Committee that he
a. is a practising reporter, and
b. is of good character and reputation,
(3) A person is eligible to be registered as an
associate member if that person satisfies the Registration Committee that he is
of good character and reputation.
(4) A person is eligible to be registered as a
student member if that person satisfies the
Registration Committee that he
a. is a full-time student in a National Court
Reporters Association recognized school of court reporting, and
b. is of good character and reputation.
Honorary membership
9 The Council may direct the Association
Registrar to enter in the register of honorary members the names of persons
whom the Council considers have rendered outstanding service to the Association
or to the shorthand reporting profession.
Evidence of membership
10 The Association Registrar shall issue to
certified shorthand reporters and participating shorthand reporters such
evidence of membership and renewal of membership as is prescribed by the
Council.
Renewal of membership
11(1) The Association Registrar shall renew the membership
of a certified shorthand reporter who
a. pays the annual fee provided for in the
by-laws,
b. is in good standing with the Association,
and
c. has earned the continuing education credits
required under subsection (2).
(2) A certified shorthand reporter who becomes
initially registered under this Regulation shall earn at least 30 continuing
education credits
a. by December 31 of the 3rd complete calendar
year following the year in which the reporter is initially registered, and
b. during each period of 3 calendar years
after the expiry of the period referred to in clause (a).
(3) The Association Registrar shall renew the
membership of a participating shorthand reporter who
a. pays the annual fee provided for in the
by-laws, and
b. is in good standing with the Association.
Practice Review Committee
12(1) There is hereby established the Practice
Review Committee consisting of not fewer than 3 certified shorthand reporters,
one of whom shall be designated as the chair of the Committee.
(2) The Practice Review Committee shall be
appointed by the Council in accordance with the by-laws.
(3) The Practice Review Committee shall meet at
the call of the chair.
(4) A quorum at a meeting of the Practice
Review Committee is a majority of members.
Powers and duties of Practice Review
Committee
13 The Practice Review Committee
a. may, on its own initiative, and shall, at
the request of the Council, inquire into and report to and advise the Council
in respect of
i. the assessment and development of
educational standards and experience requirements that are conditions precedent
to registration as a certified shorthand reporter or participating shorthand
reporter,
ii. the evaluation of desirable standards of
competence of certified shorthand reporters and participating shorthand
reporters,
iii. any other matter that the Council from time
to time considers necessary or appropriate in connection with the exercise of
its powers and the performance of its duties in relations to competence in the
practice of shorthand reporting under this Regulation, and
iv. the practice of shorthand reporting
generally,
and
b. may, with the approval of the Council,
conduct a review of the practice of a certified shorthand reporter or
participating shorthand reporter.
Notice
14 The Practice Review Committee shall give
reasonable notice to any member of its intention to conduct a review of the
practice of the member.
Reports and recommendations
15(1) After each inquiry or review under section
13, the Practice Review Committee
a. shall make a written report to the Council
on the inquiry or review and, where appropriate, on its decision,
b. may make recommendations, together with
reasons, to the Council regarding the matter inquired into or reviewed,
c. may make recommendations to any member as
to that member's conduct in the practice of shorthand reporting, and
d. shall, if it is of the opinion that the
conduct of any member constitutes or may constitute either unskilled practice
of the profession or professional misconduct within the meaning of section 19
of the Act, forthwith refer the matter relating to that conduct to the chair of
the Discipline Committee to be dealt with under Part 3 of the Act, and in such
a case the Discipline Committee
shall
deal with it as if it were a complaint.
(2) The Practice Review Committee may at any
time during an inquiry or review under section 13, refer any matter to the
chair of the Discipline Committee to be dealt with under Part 3 of the Act, and
in such a case the Discipline Committee shall deal with it as if it were a
complaint.
Discipline Committee
16(1) There is hereby established the Discipline
Committee consisting of not fewer than 4 certified shorthand reporters, at
least one of whom shall be a Council member.
(2) The members of the Discipline Committee
shall be appointed by the Council in accordance with the by-laws.
(3) The Council shall designate one of the
Committee members who is also a Council member to be the chair of the
Committee.
(4) The Discipline Committee shall meet at the
call of the chair.
(5) A quorum at a meeting of the Discipline
Committee is a majority of members.
Written complaints
17 A complaint made to the chair of the
Discipline Committee shall be in writing and signed by the complainant.
Costs
18(1) The Discipline Committee, with respect to
hearings before it, and the Council, with respect to reviews by it, may order
the investigated person to pay the following costs:
a. the fee payable to the lawyer advising the
Discipline Committee or Council at the hearing or review and the fee payable to
the lawyer acting in a prosecutorial role at the hearing or review;
b. the cost of recording the evidence and
preparing transcripts;
c. the
expenses of the members constituting the Discipline Committee including,
without limitation, the per diem allowances of those members;
d. any other expenses incurred by the
Association that are incidental to the hearing or review.
(2) Where the Council determines under section
22(3)(a) of the Act that a complaint is frivolous or vexatious, it may order
the complainant to pay the following costs:
a. the fee payable to the lawyer advising the
Council at any hearing held by it;
b. any other expenses incurred by the
Association that are incidental to any hearing held by the Council.
Cancellation and suspension
19(1) The registration of a member is cancelled or
suspended when the decision to cancel or suspend the registration is made in
accordance with the Act or this Regulation.
(2) The Association Registrar shall enter a
memorandum of the cancellation or suspension of the registration in the
appropriate register indicating
a. the date of the cancellation or the
suspension,
b. the period of the suspension, and
c. the nature of any finding under Part 3 of
the Act.
(3) A person whose registration is cancelled
shall, on request, surrender to the Association Registrar all documents and
materials relating to the registration.
Non-payment of fees, etc.
20(1) The Council shall direct the Association
Registrar to suspend or cancel the registration of a member who is in default
of payment of annual fees, penalties, costs or any other fees, dues or levies
payable under the Act, this Regulation or the by-laws after the expiration of
30 days following the service on that person
of a written notice by the Council unless that person complies with the notice
(2) The notice under subsection (1) shall state
that the Association Registrar shall suspend or cancel the registration unless
the fees, penalties, costs, dues or levies are paid as indicated in the notice.
Cancellation on request
21 The
Council may, on the written request of a member who is in good standing with
the Association and is not the subject of any outstanding complaint, direct the
Association Registrar to cancel the registration of the member.
Registration in error
22 The
Council shall direct the Association Registrar to cancel the registration of
any person whose registration is entered in error in a register.
Notice of suspension or cancellation
23(1) The Council may publish, in any manner it
considers appropriate, notice of the suspension or cancellation of the
registration of a member.
(2) A notice published under subsection (1) may
include
a. the period of suspension, if applicable,
b. a statement of the reasons for the
cancellation or suspension, and
c. the nature of any finding and order made
under Part 3 of the Act.
Reinstatement
24(1) The Council may order the Association
Registrar, subject to any conditions respecting the payment of arrears and any
reinstatement fee that the Council may prescribe,
a. to reinstate in the applicable register a
registration that was cancelled or suspended for non-payment of fees,
penalties, costs, dues or levies, and
b. to re-issue evidence of membership to the
member.
(2) A member whose registration was cancelled
at the member's own request may apply to become registered, and in that case
the application shall be treated by the Association Registrar as a new
application.
(3) If the registration of a member has been
cancelled under Part 3 of the Act, the registration shall not be reinstated in
the register except by order of the Council or a court of competent
jurisdiction.
(4) If the registration of a member has been
suspended under Part 3 of the Act for a fixed period, the registration shall
not be reinstated before the expiration of that period except by order of the
Council or a court of competent jurisdiction.
(5) Where the registration of a member has been
a. cancelled under Part 3 of the Act, or
b. suspended under Part 3 of the Act for a
fixed period of more than one year,
no order shall
be made under subsection (3) or (4), as the case may be, within one year after
the date on which the registration was cancelled or suspended.
Public Information
25 On application and payment of the fee
prescribed in the by-laws, the Association Registrar may issue to any person a
certificate setting out with respect to a member any information in a register
referred to in section 6.
Service of notices
26 A notice to be served on the Association
Registrar or the Council or any Committee or any member of the Council or a
Committee is sufficiently served if it is personally served at, or sent by
registered or certified mail to, the office of the Association.
Use of title
27 A certified shorthand reporter may use the
title "Certified Shorthand Reporter (Alberta)" or the abbreviations
"CSR(A)" or "C.S.R.(A)".
Transitional
28 A person who, on the coming into force of
this Regulation,
a.
was registered in the register of certified shorthand reporters, the
register of associate members, the register of student members or the register
of honorary member is, without application or the payment of any additional
fee, entitled to have his name entered in the appropriate register referred to
in section 6, or
b.
was registered in the register of registered shorthand reporters is,
without application on the payment of any additional fee, entitled to have his
name entered in the register of participating shorthand reporters.
