Agrologists Act

Link to law: http://nslegislature.ca/legc/statutes/agrologi.htm
Published: 2016-01-05

Agrologists Act

CHAPTER 8 OF THE THE REVISED STATUTES, 1989

An Act Respecting Agrologists

Short title
1 This Act may be cited as the Agrologists Act. R.S., c. 8, s. 1.

Interpretation
2 In this Act,

(a) "agrologist" means a person registered as a professionalagriculturist under this Act;

(b) "agrologist in training" means a person registered as anagrologist in training under this Act;

(c) "Council" means the Council of the Institute;

(d) "Institute" means the Nova Scotia Institute of Agrologists;

(e) "member" means a member of the Institute;

(f) "practising agrology" means teaching or demonstrating thescience or art of agriculture or advising or conducting scientificexperiments and research in relation thereto as a chief occupation;

(g) "Registrar" means the Registrar of the Institute. R.S., c. 8,s. 2.

INSTITUTE

Institute of Agrologists
3 (1) The Nova Scotia Institute of Agrologists as at presentconstituted is hereby continued as a body corporate.

Composition
(2) The Institute shall consist of the persons who are at presentmembers and those who hereafter become members in accordance withthis Act.

Objects
(3) The objects of the Institute are to

(a) promote and increase the knowledge, skill andproficiency of its members in the practice of agrology;

(b) do all things that may be necessary or incidental orconducive to the usefulness of agrologists to the public; and

(c) ensure for the benefit of the public the proficiency andcompetency of agrologists. R.S., c. 8, s. 3.

COUNCIL

Management Council
4 (1) There is hereby constituted as the governing board of theInstitute the Council of management composed of the President,President-elect, Immediate Past President, and at least seven othercouncillors elected in the manner provided by the by-laws of the Institute.

Member
(2) All members of the Council shall be resident in the Province and ingood standing in the Institute.

Immediate Past President
(3) On retirement each President shall hold office as Immediate PastPresident on the next succeeding Council.

President-elect
(4) The President-elect shall be elected by and from the registeredmembers of the Institute.

Term of office
(5) The President-elect shall serve as President during the second yearfollowing his election and shall hold office until his successor has servedas President-elect for one year.

Election and powers
(6) The President-elect shall be elected annually and shall have all thepowers of the President during his absence.

Elected members term of office
(7) Subject to subsection (8), the elected members of Council shallhold office for a term of two years.

Members term of office
(8) The members of the governing board who hold office at presentshall continue to hold office until the expiration of the respective termsfor which they were elected or until their successors are elected and,where additional members are added to the Council, they shall hold officefor such term and subject to such conditions as may be prescribed by theby-laws of the Institute.

Vacancy
(9) In case of resignation or death of an elected member of theCouncil, the vacancy shall be filled in the manner provided by the by-lawsof the Institute.

Eligibility
(10) No person shall be eligible for election to the Council or qualifiedto fill a vacancy thereon or to vote for members thereof unless dulyregistered under this Act and the by-laws of the Institute.

Duties
(11) The Council shall decide all questions in dispute relating toelections to the Council and the eligibility and rights of membership andthe decision of the Council in such matters is final. R.S., c. 8, s. 4.

OFFICERS

Officers
5 (1) The officers of the Institute are

(a) the President, the President-elect and the ImmediatePast President;

(b) a Registrar, a Secretary and a Treasurer who in eachcase must be a member in good standing, but one personmay be appointed to two offices; and

(c) any officers who may be appointed by the Council orelected pursuant to the by-laws of the Institute.

Appointment
(2) The Registrar, the Secretary and the Treasurer shall be appointedby the Council from among the members of the Institute.

Term of office
(3) All officers appointed by the Council shall hold office duringpleasure of the Council.

Salary and fees
(4) The Council may, subject to the by-laws, fix salaries or fees to bepaid to the officers appointed under this Act. R.S., c. 8, s. 5.

MEETINGS

Meetings
6 (1) The meetings of the Institute and of the Council shall be heldat the times and places fixed by the by-laws of the Institute.

Notice
(2) Notices of meetings of the Institute shall be mailed at least fourteendays before the day on which the meeting is to be held.

Vote of President
(3) At all meetings, the President for the time being shall have a castingvote only.

Absence of President
(4) If the President is absent from a meeting, the President-elect or, inhis absence, the Immediate Past President or, in the absence of all three, amember to be chosen from the members present shall act as President.

Decisions
(5) All questions submitted to the Institute or the Council shall bedecided by a majority of the members present, a quorum being not lessthan fifteen in number in the case of the Institute and four in the case ofthe Council. R.S., c. 8, s. 6.

POWERS OF THE INSTITUTE

Acquisition and alienation of property
7 The Institute may acquire by gift, purchase or otherwise, andalienate, sell, mortgage, lease or otherwise charge or dispose of, real orpersonal property for the purpose of carrying into effect and of promotingthe aims, objects and designs of the Institute. R.S., c. 8, s. 7.

BY-LAWS OF THE INSTITUTE

By-laws
8 (1) The Institute may make by-laws, rules and regulationsrespecting

(a) the election of the Council and the filling of vacanciesthereon and defining the duties thereof;

(b) the conduct, discipline and honour of its members;

(c) the management of its property;

(d) the appointment of such officers, in addition to thoseprovided for in Sections 4 and 5, as may be necessary forcarrying out the purposes of the Institute, and the defining ofthe duties of such officers;

(e) the maintenance of the Institute by levying annual andother fees and prescribing the same, and the levying of finesfor non-payment of fees;

(f) the time, place and conduct of the annual and othermeetings of the Institute and meetings of the Council;

(g) the admission of candidates to membership in theInstitute;

(h) the enrolment of agrologists in training and recordingof agricultural students and technicians;

(i) all other purposes deemed necessary or convenient forthe management or welfare of the Institute and for theconduct of its business.

Filing
(2) The Institute shall file in the Department of the Attorney General,within thirty days after the date of making, two copies, certified by theRegistrar to be true copies, of

(a) all by-laws, rules and regulations hereafter made underthis Act; and

(b) all amendments made to such by-laws, rules andregulations. R.S., c. 8, s. 8.

QUALIFICATIONS TO REGISTER

Eligibility for membership
9 (1) A person is eligible for full membership or for membership asan agrologist in training in the Institute if he satifies [satisfies] the Councilthat he

(a) has obtained

(i) a degree in agriculture from a university orcollege recognized by the Council, or

(ii) a degree and has passed such examinations asthe Council after evaluating his degree and hissubsequent experience considers necessary to establishthat his qualifications are equivalent to those personsholding a degree in agriculture under subclause (i); and

(b) has been engaged in agrology in a professional orother capacity for a period or periods totalling three yearsafter having obtained his degree and that the major part ofthat time occurred within the three-year period immediatelypreceding the Councils approval as to the applicantscompliance with this clause.

Computation of three-year period
(2) For the purpose of computing the period of three years referred toin clause (b) of subsection (1) the Council may include

(a) time spent in practising agrology as an enrolledagrologist in training;

(b) time spent in post-graduate studies at a university orcollege recognized by the Council;

(c) time spent in active farming operations.

Further eligibility
(3) A person is eligible for membership in the Institute if he satisfies theCouncil that he holds a membership in good standing in a professionalagricultural body having admission standards considered by the Councilto be equivalent to those required by subsection (1).

Certificate of membership
(4) Every applicant who is eligible under this Section and who

(a) has paid the required fees; and

(b) is of good character and reputation in the opinion ofthe Council,

shall be registered as a member of the Institute by the Registrar and shallbe issued a certificate of membership in the Form in the Schedule andsuch membership shall be subject to such regulations as may beprescribed by by-laws.

Registration of agrologist in training
(5) A person to whom clause (a) of subsection (1) applies may, onapplication and upon paying the fee prescribed in the by-laws, beregistered with the Institute as an agrologist in training.

Restricted membership
(6) No partnership, company, corporation or association of personsshall as such be registered as a member of the Institute.

Practice by agrologist in training
(7) A graduate from a university or college approved by the Councilmay apply to be enrolled as an agrologist in training and, on payment ofthe registration fee and subsequent annual fees determined by the by-lawsof the Institute, he may be allowed to practise agrology under theguidance of an agrologist.

Training period
(8) The term of training for an agrologist in training shall be threeyears. R.S., c. 8, s. 9.

EXAMINATIONS

Examination
10 (1) The examination of candidates for admission to the Instituteshall be under the control of the Council.

Powers of Council
(2) The Council may

(a) from time to time appoint a board of examiners toexamine candidates to determine their admission; and

(b) make regulations

(i) prescribing the subjects of examination and thefees payable by applicants, and

(ii) governing the conduct of examinations.

Time and place
(3) Every examination of candidates for admission to membership ofthe Institute shall be held at a time and place fixed by the Council.

Application for examination
(4) Application for admission to examination for membership of theInstitute shall be

(a) made on a form to be supplied on application to theSecretary of the Council; and

(b) filed with the Registrar of the Institute at least fourweeks before the times fixed for the examination.

Application fee and content
(5) Every application referred to in subsection (4) shall

(a) be accompanied by the prescribed examination fee; and

(b) contain such information concerning the applicantspreliminary education and course of study as the Councilmay prescribe. R.S., c. 8, s. 10.

REGISTRATION

Register of Agrologists
11 (1) The Council shall cause to be kept by the Registrar a record,to be known as the Register of Agrologists, in which shall be entered thenames and addresses of all persons who having complied with this Actand the by-laws thereunder have been admitted to the Institute, and theRegister shall be open to inspection to any person at all reasonable timesfree of charge.

Duty of Registrar
(2) The Registrar shall keep the Register correctly and strictly inaccordance with this Act, the by-laws of the Institute and the rules, ordersand regulations of the Council.

Annual certificate
(3) The Registrar shall issue an annual certificate of registration in theform and subject to the regulations precribed [prescribed] by by-law ofthe Institute to all persons whose names have been duly entered in theRegister as agrologists by the authority of the Council.

Expiry and renewal
(4) All certificates of registration shall expire on the thirty-first day ofDecember but shall be renewable for one year upon payment of theprescribed fee.

Published list
(5) The Registrar shall, under the direction of the Council, cause to beprinted and published a correct list of names, in alphabetical orderaccording to the surnames, with the respective residences, of all personswhose names are in the Register, and if the list is not published yearly heshall issue a yearly addendum.

List as prima facie evidence
(6) Such list or addendum published or purporting to be published bythe Institute shall be prima facie evidence in all courts in the Province andbefore all judges of the provincial court and justices of the peace in andfor the Province that the persons therein named are registered accordingto this Act and, subject to subsection (7), the absence of the name of anysuch person from the list or addendum shall be prima facie evidence thatsuch person is not registered.

Certificate as prima facie evidence
(7) A certificate of registration purporting to be signed by a person inhis capacity as Registrar of the Institute shall be prima facie evidence insaid courts that he is such Registrar and of the facts certified. R.S., c. 8,s. 11.

FEES

Fees
12 (1) Members shall pay on registration and annually the fees prescribed by the by-laws of the Institute.

Default
(2) The names of those in default shall be removed from the register byorder of the Council after one months notice by prepaid registered mailto the parties, and shall not be reinstated except upon payment of suchfees, and fines, if any, as may be imposed under the by-laws of theInstitute.

Transferred member
(3) Any person, resident in another province and who is a registeredmember in good standing in a professional agricultural organization,recognized by the Institute and with which the Institute has a reciprocalagreement, may transfer his membership to the Institute without beingassessed a registration fee.

Non-resident
(4) Any person, resident in another province and who is a registeredmember in good standing in a professional agricultural organization,recognized by the Institute and with which the Institute has a reciprocalagreement, may be allowed to practise agrology part-time in the Provincewithout being assessed a registration fee. R.S., c. 8, s. 12.

DISCIPLINE

Complaint
13 (1) The Council may hear and determine any complaint against amember of the Institute for

(a) violation of any of the provisions of this Act, or of theby-laws, rules or regulations of the Institute;

(b) breach of the professional ethics of the Institute; or

(c) disgraceful or improper conduct.

Duty of Council
(2) Upon receipt of a complaint referred to in subsection (1), theCouncil shall

(a) appoint a time and a place for hearing the complaint;and

(b) give to the complainant and the accused member ofthe Institute due notice in writing of the time and place atwhich the Council will meet to hear the complainant and theaccused member, and the evidence adduced on their behalf.

Notice
(3) The notice of the hearing of the complaint shall

(a) be signed by the President or President-elect;

(b) be served on the accused member at least fourteendays before the date set for the hearing; and

(c) embody or be accompanied by a copy of the chargesmade against the accused member.

Hearing
(4) The Council at the time and place mentioned in the notice of thehearing or at any time and place to which the hearing may be adjournedshall hear the complainant and the accused member and the evidenceadduced on their behalf, and if the complaint is found proven the Councilmay reprimand or fine the accused member or may suspend or expel himfrom membership in the Institute.

Witness
(5) The testimony of witnesses at the hearing shall be taken under oathand all witnesses called on behalf of the complainant or the accusedmember may be examined, cross-examined and re-examined.

Evidence
(6) The evidence given at any hearing shall be taken down in shorthandand shall in case of appeal be transcribed.

Failure to attend
(7) If the accused member does not attend the hearing, the Council,upon proof of the service on the accused member of the notice of thehearing and the charge against him, may proceed in the absence of theaccused member in the same manner as if he were present at the hearing,and he is not entitled to notice of any adjourned or other meetings andproceedings of the Council in the matter of the complaint.

Costs
(8) Where the Council directs the accused member be suspended orexpelled, it may direct that the costs of and incidental to the inquiry bepaid by the member, and after the taxation of the costs on the districtcourt scale by a taxing officer, execution may issue out of any countycourt for the recovery thereof as upon a judgment in an action in thatcourt.

Reinstatement
(9) The Council, where a member has been suspended or expelled, may

(a) reinstate the member; and

(b) restore all his rights and privileges as a member uponsuch terms and conditions as the Council may decide.

Quorum
(10) For the purposes of this Section, five members of the Councilconstitute a quorum.

Action against Council
(11) No action lies against the Council or any member thereof for anyproceedings taken in good faith, or for orders made or enforced, underthe disciplinary provisions of this Act.

Rules
(12) The Council may make rules to regulate

(a) the making of complaints; and

(b) the hearing and determination of matters of complaintunder this Section. R.S., c. 8, s. 13.

Appeal
14 (1) A person suspended or expelled from the Institute may, atany time within three months after the date of the order of the Council,appeal to a judge of the Trial Division of the Supreme Court against theorder.

Powers of Court
(2) The judge to whom the appeal has been made, after due notice toall parties concerned, shall hear the appeal and allow or dismiss the appealor make such order varying the order of the Council and such order as tocosts as he considers just.

Record of hearing
(3) The appeal shall be founded upon a copy of the evidence and therecord of the proceedings before the Council and the order of the Councilcertified by the Registrar who shall furnish a copy of the same to theappellant upon request.

Decision final
(4) The decision of the judge, to whom the appeal is made, is final. R.S., c. 8, s. 14.

Frivolous complaint
15 When a complaint against any person has been finally determined inhis favour and found by the Council to have been frivolous and vexatious,the Council may order the costs to be paid to him out of the funds of theInstitute as the Council considers just. R.S., c. 8, s. 15.

OFFENCES

Illegal practice
16 (1) A person who, not being an agrologist and registered underthis Act,

(a) practises agrology;

(b) assumes verbally or otherwise the title of agrologist ormakes use of any abbreviation thereof, or of any name, titleor designation that may lead the public to the belief that he isan agrologist of the Province or a member of the Institute;

(c) holds himself out to the public as an agrologist,

is guilty of an offence and liable on summary conviction to a fine notexceeding two hundred dollars.

Additional penalty
(2) A person who is guilty of an offence under subsection (1) shall beincapable of recovering any fees, rewards or disbursements for anyservice rendered as such agrologist. R.S., c. 8, s. 16.

Limitation period
17 No prosecutions shall be commenced for an offence against thisAct after the expiration of two years from the date of the alleged offence. R.S., c. 8, s. 17.

Certificate as prima facie evidence
18 A certificate of the Registrar under the seal of the Institute shall beprima facie evidence of registration or non-registration. R.S., c. 8, s. 18.

EXEMPTIONS

Act does not apply
19 Nothing in this Act applies to

(a) a person carrying on the business of farming or the growingof crops, unless he becomes a member of the Institute or practisesagrology;

(b) a member of the Canadian Armed Forces while actuallyemployed on duty with those Forces;

(c) undergraduate student assistants in agriculture workingunder the direct supervision of an agrologist and not takingresponsibility for their work other than to their immediatesuperiors;

(d) a person who is not registered as an agrologist under this Actbut is registered as a professional engineer under the EngineeringProfession Act, or as a veterinarian under the Veterinary MedicalAct, if he does not hold himself out as an agrologist;

(e) a person who is not registered as an agrologist under the Actbut practises his profession, trade or calling as a chemist, forester,land appraiser or valuator, land surveyor, or a person servicing orrepairing farm machinery, if he does not hold himself out as anagrologist. R.S., c. 8, s. 19.

Return by Registrar
20 The Registrar shall, when required by the Governor in Council todo so, transmit to the Attorney General a certified return under the seal ofthe Institute setting forth all such information and particulars relating tothe Institute as he may require. R.S., c. 8, s. 20.

Head office
21 The head office of the Institute shall be located at such place asmay be specified in the by-laws of the Institute. R.S., c. 8, s. 21.

SCHEDULE

Form

(Section 9(4))

CERTIFICATE OF MEMBERSHIP

The Nova Scotia Institute of Agrologists by virtue of the authority vested in it by theLegislature of the Province of Nova Scotia awards this certificate to . . . . . . . . . . whohas complied with all the requirements of the law regarding the practice of agrologyand has been adjudged qualified to practise agrology.

In witness whereof we the undersigned officers of the Institute have hereunto signedour names and affixed the corporate seal of the Institute this . . . . . . . . . . day of . . . . .. . . . . one thousand nine hundred and seventy-two, at . . . . . . . . . . in the Province ofNova Scotia.

. . . . . . . . . . . . . . . . . . . . . . . . . . .
President

. . . . . . . . . . . . . . . . . . . . . . . . . . .
Registrar

R.S., c. 8, Sch.
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