Applied Science Technology Act

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

Applied Science Technology Act

CHAPTER 3 OF THE ACTS OF 1999

An Act Respecting
Certified Applied Science
Technicians and Technologists

Short title
1 This Act may be cited as the Applied Science Technology Act. 1999, c. 3, s. 1.

Purpose of Act
2 (1) The purpose of this Act is to regulate and govern the use bya person of the designations "Certified Engineering Technician","Certified Engineering Technologist", "Certified Applied ScienceTechnician" and "Certified Applied Science Technologist" and the initials"CET", "C.E.T.", "AScT", "A.Sc.T.", "CTech" and "C. Tech.", or anylike words, initials or expressions used alone or in combination with otherwords or expressions, as a professional designation indicating that aperson is recognized by law as a certified engineering technician, certifiedengineering technologist, certified applied science technician or certifiedapplied science technologist of the Society of Certified EngineeringTechnicians and Technologists of Nova Scotia.

(2) Notwithstanding subsection (1), this Act does not restrict the rightof a person to carry on any occupation. 1999, c. 3, s. 2.

Interpretation
3 (1) In this Act,

(a) "approved school or program" means a school, courseof study or educational program in an applied sciencetechnology approved by the Council;

(b) "by-law" means a by-law made by the Council;

(c) "certification" means the entry of the name of a personin the register;

(d) "Certification Board" means the Certification Boardestablished pursuant to this Act;

(e) "Certification Review Board" means the CertificationReview Board established pursuant to this Act;

(f) "certified applied science technician" means a personwhose name is entered in the Register as a certified appliedscience technician;

(g) "certified applied science technologist" means a personwhose name is entered in the Register as a certified appliedscience technologist;

(h) "certified engineering technician" means a personwhose name is entered in the Register as a certifiedengineering technician;

(i) "certified engineering technologist" means a personwhose name is entered in the Register as a certifiedengineering technologist;

(j) "Complaints Committee" means the ComplaintsCommittee established pursuant to this Act;

(k) "Council" means the Council of the Society;

(l) "Court" means the Supreme Court of Nova Scotia;

(m) "Discipline Committee" means the DisciplineCommittee established pursuant to this Act;

(n) "Executive Director" means the Executive Director ofthe Society;

(o) "member" means a certified engineering technician, acertified engineering technologist, a certified applied sciencetechnician or a certified applied science technologist and anyindividual whose name is entered in the Temporary Registeror in any of the rosters established and maintained pursuantto this Act, the by-laws or the rules;

(p) "occupation of applied science technology" meansproviding services by a certified engineering technician, acertified engineering technologist, a certified applied sciencetechnician or a certified applied science technologist inaccordance with

(i) their academic qualifications, learning andexperience,
(ii) generally accepted practices and procedureswithin nationally accepted codes and standards, and

(iii) the Society's Code of Ethics;

(q) "prescribed" means prescribed by by-laws or rulesmade by the Council pursuant to this Act;

(r) "professional incompetence" means an act or omissionon the part of a member, in the occupation of applied sciencetechnology, that demonstrates a lack of knowledge, skill orjudgement or a disregard for the interests of the recipient ofthe member's services of such a nature and to such an extentas to render the member unfit to carry on the occupation ofapplied science technology or to carry on the occupation ofapplied science technology without conditions, limitations orrestrictions;

(s) "professional misconduct" means a serious digressionfrom established or recognized standards or rules of theSociety or generally of the occupation of applied sciencetechnology and includes a breach of such rules of ethics orconduct as may be prescribed by by-law;

(t) "Register" means the Register kept pursuant to thisAct;

(u) "Registrar" means the Registrar of the Society;

(v) "rosters" means the rosters kept pursuant to this Act;

(w) "rule" means a rule made by the Council;

(x) "Society" means the Society of Certified EngineeringTechnicians and Technologists of Nova Scotia continued bythis Act;

(y) "Temporary Register" means the Temporary Registerkept pursuant to this Act.

(2) The designations "Certified Engineering Technician", "CertifiedEngineering Technologist", "Certified Applied Science Technician" and"Certified Applied Science Technologist" and the initials "CET","C.E.T.", "AScT", "A.Sc.T.", "CTech" and "C. Tech.", or any like words,initials or expressions used alone or in combination with other words orexpressions indicating that a person is recognized by law as a certifiedengineering technician, certified engineering technologist, certifiedapplied science technician or certified applied science technologist or indicating that a person is a member of the Society in the Province, whenused in an Act of the Legislature or a regulation, rule, order or by-lawmade pursuant to an Act of the Legislature enacted or made before orafter the coming into force of this Act or when used in any publicdocument, shall be read as including a person whose name is entered inthe Register or the Temporary Register. 1999, c. 3, s. 3.

SOCIETY

Incorporation of Society
4 The Society of Certified Engineering Technicians andTechnologists of Nova Scotia, incorporated pursuant to the Societies Act,is hereby continued as a body corporate. 1999, c. 3, s. 4.

Council
5 (1) A Council of the Society, consisting of not less than tendirectors, is responsible for the administration of this Act and shallcontrol, govern and manage, or supervise the control, government andmanagement of, the business and affairs of the Society.

(2) The number of directors, their respective terms of office, themanner of their appointment or election and their qualifications shall beestablished and governed by the by-laws of the Society and the by-lawsmay provide for alternative directors, for the filling of vacancies and forthe appointment of additional directors. 1999, c. 3, s. 5.

By-laws
6 (1) Unless otherwise provided by this Act or the by-laws, theCouncil may, by resolution, make, amend or repeal any by-lawsregulating the business or affairs of the Society and, without restrictingthe generality of the foregoing, may make, amend or repeal by-laws

(a) governing and regulating

(i) the admission, suspension, expulsion, removal,discipline and re-instatement of members, theconditions precedent to membership in the Society andthe conditions for continued membership in theSociety,
(ii) the certification and renewal, suspension,cancellation, and re-instatement of certification ofcertified engineering technicians, certified engineeringtechnologists, certified applied science technicians andcertified applied science technologists, including theimposition of limitations, restrictions and conditionson any certification issued or granted pursuant to thisAct;

(b) establishing one or more categories of membership anddetermining the rights, privileges and obligations of themembers of each category;

(c) creating and organizing local regions, branches orother subsections of the Society and governing themanagement of such regions, branches or subsections;

(d) approving or accrediting schools, courses of study oreducational programs in applied science technology andestablishing terms and conditions for approval or continuedapproval of such schools, courses of study and educationalprograms, including basic standards of curricula;

(e) determining the method of setting annual certificationor membership fees payable to the Society and providing forthe collection of the fees;

(f) providing for the election or appointment, removal andremuneration of and establishing the powers and duties ofofficers, officials, employees and agents of the Society or theCouncil;

(g) creating and governing committees for the carryingout of the business and affairs of the Council and the Society;

(h) delegating to officers, officials, employees orcommittees any of the duties, powers and privileges of theCouncil;

(i) fixing and regulating the quorum, time, place, calling,conduct and business of annual, special and general meetingsof the Society, the Council and committees of the Society orthe Council, and establishing the method of voting, includingvoting by mail, proxy voting, delegate voting or other meansand establishing the qualifications of persons entitled to vote;

(j) developing, establishing, maintaining and administering

(i) standards for the education programs leading tocertification as an applied science technologist ortechnician,
(ii) standards for continuing education and requiringthe participation in continuing education programs bycertified engineering technicians, certified engineeringtechnologists, certified applied science technicians andcertified applied science technologists,

(iii) rules of ethics or conduct for certifiedengineering technicians, certified engineeringtechnologists, certified applied science technicians andcertified applied science technologists;

(k) respecting and governing the management anddisposition of trust, charitable or benevolent fundscommitted to the care of the Society;

(l) setting the fiscal year of the Society, determining theplace where the head office of the Society shall be locatedand the place or places where other offices of the Societyshall be located;

(m) determining the aspects, subjects or matters of thebusiness and affairs of the Society that may be regulated andgoverned by rules of the Council;

(n) authorizing the making of co-operative or affiliationarrangements with any institution, organization orprofessional body in any jurisdiction;

(o) respecting and governing such subjects, matters andthings as the Council considers appropriate to administer thisAct or to advance or protect the interests of the public, theSociety or the members,

and, subject to subsection (2), the by-laws are valid, binding and effectivefrom the date of the Councils resolution enacting the by-law until the by-law is amended or repealed by an ordinary resolution at an annual, specialor general meeting of the Society called for that purpose or until the by-law ceases to be effective pursuant to subsection (4) and, where a by-lawis confirmed or confirmed as amended, it continues in effect in the form inwhich it was so confirmed.

(2) By-laws relating to matters referred to in clauses (1)(a), (b), (c),(f), (i), (j) or (m) are not effective or may not be acted upon untilconfirmed by an ordinary resolution at an annual, special or generalmeeting of the Society and, where a by-law is amended by ordinaryresolution at a meeting, it becomes effective in the form in which it isamended.

(3) Council shall cause the text of a by-law enacted by it to be sent toall members with the notice of the next annual meeting following theenactment or with the notice of any special or general meeting called forthe purpose of considering the by-law and, at such meeting, the by-lawmay be confirmed, rejected, repealed or amended by an ordinaryresolution.

(4) Where a by-law is repealed at a meeting of the Society or wherethe Council does not send the by-law to the members as required bysubsection (3), the by-law ceases to be effective and no subsequentCouncil resolution making that by-law or any by-law having substantiallythe same purpose or effect is effective until it is confirmed in the mannerset out in subsection (2). 1999, c. 3, s. 6.

Rules
7 Unless otherwise provided by this Act or the by-laws, the Councilmay, by resolution, make any rule not contrary to the by-laws regulatingany of the aspects, subjects or matters of the business or affairs of theSociety as may be governed by by-law and any rule is valid, binding andeffective from the date of the resolution of Council until amended orrepealed by an ordinary resolution at an annual, special or generalmeeting of the Society called for the purpose of considering the rule. 1999, c. 3, s. 7.

Preservation of rights and legality of acts
8 No act or thing done in reliance on, or right acquired under orpursuant to, a by-law or rule that is subsequently repealed or amended isprejudicially affected by the repeal or amendment. 1999, c. 3, s. 8.

Exemption from Regulations Act
9 The Regulations Act does not apply to the Society or any by-law,rule or resolution made by the Society or the Council, but a by-law orrule of the Society or the Council shall be available for inspection by anyperson at the head office of the Society at all reasonable times duringbusiness hours, free of charge. 1999, c. 3, s. 9.

Executive Committee
10 (1) There shall be an Executive Committee of Council,composed of members of Council that may, between meetings of Councilor at such other times as may be prescribed, carry out any of the dutiesand exercise any of the powers and privileges of the Council and suchother duties as may be assigned to it by the Council, the by-laws or therules.

(2) The number of members of the Executive Committee, theirrespective terms of office, the manner of their appointment or electionand their qualifications shall be established and governed by the by-laws. 1999, c. 3, s. 10.

Executive Director and Registrar
11 (1) Council may appoint an Executive Director of the Societywho holds office during the pleasure of the Council.

(2) Council may appoint a Registrar of the Society who holds officeduring the pleasure of Council.

(3) The Executive Director and the Registrar are at all times subject tothe directions of Council.

(4) The offices of Executive Director and Registrar may both be heldby one person at the same time. 1999, c. 3, s. 11.

REGISTER

Register and Temporary Registrar
12 (1) The Registrar shall keep or cause to be kept

(a) a Register in which shall be entered the name andaddress of every person who has been granted membershippursuant to this Act, the by-laws or the rules;

(b) a Temporary Register in which shall be entered thename and address of every person who is permitted to holdhimself or herself out as a member pursuant to this Act, theby-laws or the rules under such circumstances, conditions,limitations and restrictions and for such temporary andlimited periods of time as are set out in the by-laws or therules; and

(c) rosters of members in which shall be entered the nameand address of every person who has been grantedmembership in a category of membership established by theby-laws or the rules, other than persons whose names areentered in the Register.

(2) The Register shall be divided into

(a) a part in which shall be entered the names of personsqualified pursuant to the by-laws or rules for certification asa certified engineering technician or certified applied sciencetechnician;

(b) a part in which shall be entered the names of personsqualified pursuant to the by-laws or rules for certification asa certified engineering technologist or certified appliedscience technologist; and

(c) such other parts as may be prescribed, in which shallbe entered the names of persons qualified pursuant to the by-laws or rules for such classifications and levels ofcertification as may be prescribed.

(3) The Register and the Temporary Register shall be open forinspection by any person at the head office of the Society at all reasonabletimes during regular business hours, free of charge, but an officer oremployee of the Society may refuse any person access to, or the privilegeof inspecting, the registers if there is cause to believe that the person isseeking access or inspection primarily for a commercial purpose. 1999,c. 3, s. 12.

Rights of persons registered
13 (1) A person whose name is entered in the Register, subject toany conditions, limitations or restrictions set out in the person'scertificate, the by-laws or the rules, is entitled to hold himself or herselfout as a "Certified Engineering Technician", a "Certified EngineeringTechnologist", a "Certified Applied Science Technician" or a "CertifiedApplied Science Technologist", as the case may be, and use thedesignations "CET", "C.E.T.", "CTech", "C.Tech.", "AScT" or"A.Sc.T.", as the case may be.

(2) A person whose name is entered in the Temporary Register isentitled to the privileges and rights referred to in subsection (1) for suchlimited period of time, in such circumstances and subject to suchconditions, limitations and restrictions as may be prescribed. 1999, c. 3,s. 13.

Removal of name from Register
14 (1) The Registrar shall remove or cause the removal of the nameof any person from the Register or one or more of the rosters, who failsto meet or maintain the qualifications and standards for entry in suchRegister or roster.

(2) The certification of a certified engineering technician, certifiedengineering technologist, certified applied science technician or certifiedapplied science technologist terminates and ceases to have effect whenthe person's name is removed from the Register. 1999, c. 3, s. 14.

Effect of disciplinary action outside Province
15 A person who was entitled to use any designation indicating thatthe person was a member of a society pursuant to the laws governing orconcerning the occupation of applied science technology in any otherjurisdiction and who has been suspended from or otherwise restricted inor disqualified from using any such designation in another jurisdiction byreason of misconduct, dishonesty or incompetence is not entitled to applyfor certification pursuant to this Act until such time as the suspension,restriction or disqualification has been removed in the other jurisdiction. 1999, c. 3, s. 15.

CERTIFICATION

Certificate of certification
16 (1) The Registrar shall issue or cause to be issued annually, or atsuch other times as may be set out in the rules, a certificate ofcertification or a validation seal to be affixed to a previously issuedcertificate to persons whose names are entered in the Register or theTemporary Register, and each certificate or validation seal shall state thedate on which it expires and any conditions, limitations or restrictionsimposed on the certification of the person in respect of whom thecertificate or validation seal is issued.

(2) No person is entitled to have the person's name entered in theRegister or to receive a certificate or validation seal unless the person

(a) has satisfied the prescribed requirements forcertification; and

(b) has paid all applicable prescribed fees.

(3) A person whose certification has been suspended or revoked shall,without demand, forthwith deliver the certificate or validation seal to theRegistrar. 1999, c. 3, s. 16.

Evidentiary effect of statement
17 A statement certified under the hand of the Registrar respecting therecords of the Society or the certification of a person is admissible inevidence in any proceeding as prima facie proof of the facts set out in thecertificate relating to the certification of a person or the lack of certification and any condition, limitation or restriction in respect of thecertification of a person. 1999, c. 3, s. 17.

Prerequisites to entitlement to certification
18 An applicant for certification who

(a) fulfills the requirements of approved applied sciencetechnology experience and education prescribed by the rules or setout in a manual of experience and education approved by the rules;

(b) provides satisfactory evidence of good character;

(c) pays the prescribed fees; and

(d) meets such other criteria and has such other qualifications asmay be prescribed,

following consideration of the person's application by the CertificationBoard, and upon approval of the Council, is entitled to become certifiedas a member of the Society and to have the person's name entered in thepart of the Register that the Council determines to be appropriate. 1999,c. 3, s. 18.

Certification Board
19 (1) The Council shall appoint and maintain a Certification Boardand a Certification Review Board consisting of members of the Societyand such other persons as the Council may select.

(2) The quorum, number of members of the Certification Board andthe Certification Review Board, their terms of office, qualifications andthe manner of their appointment shall be established and governed by theby-laws, and the by-laws may regulate the powers, procedures, functionsand operations of the Certification Board and the Certification ReviewBoard and may permit the establishment of panels of either Board to actfor and to carry out and exercise all the duties and powers of therespective Boards.

(3) The duties of the Certification Board are to

(a) recommend to the Council the standards and gradesthat should be recognized by the certification procedure asprovided for in this Section;

(b) conduct or approve examinations, including nationalexaminations, of candidates for certification at such timesand at such places as the Certification Board may direct;

(c) consider all applications for certification, review thequalifications of all applicants and recommend to the Councilthose applicants it considers to have met the qualificationsrequired for certification set out in this Act, the by-laws orthe rules; and

(d) carry out the duties and functions and exercise thepowers and privileges as may be assigned by the Council.

(4) At the written request of a person whose application forcertification has not been recommended to the Council by theCertification Board and upon payment of the prescribed fees, theCertification Review Board shall review the application for certificationof the person and may

(a) confirm the decision of the Certification Board; or

(b) refer the application to the Certification Board forreconsideration and make such recommendations to theCertification Board as it deems appropriate. 1999, c. 3, s. 19.

COMPLAINTS AND DISCIPLINE

Interpretation of Sections 21 to 26
20 In Sections 21 to 26,

(a) "complaint" means a complaint, report or allegation inwriting and signed by the complainant regarding the conduct,actions, competence, character, fitness or ability of a member;

(b) "member" includes a former member and any person whosename is or was entered in any Register or roster of the Society. 1999, c. 3, s. 20.

Treatment of complaints
21 (1) The Council shall cause an investigation to be carried out bythe Complaints Committee of every complaint received, if the complaintin substance alleges that a member

(a) has been guilty of

(i) professional misconduct or professionalincompetence as a certified engineering technician,certified engineering technologist, certified appliedscience technician or certified applied sciencetechnologist,
(ii) conduct unbecoming a member, including anyconduct that might adversely affect the standing orgood name of the occupation of applied sciencetechnology or the Society,

(iii) any conduct in breach of this Act, the by-laws orthe Code of Ethics, or

(iv) dishonesty; or

(b) is suffering from an ailment or condition rendering themember unfit or incapable of carrying on the occupation ofapplied science technology.

(2) All complaints against a member received by the Society or theCouncil shall be delivered forthwith by the Registrar to the Chair of theComplaints Committee and a copy of the complaint shall immediately beforwarded to the member. 1999, c. 3, s. 21.

Complaints Committee
22 (1) The Council shall maintain a standing committee to beknown as the Complaints Committee.

(2) The Complaints Committee shall be composed of certifiedengineering technicians, certified engineering technologists, certifiedapplied science technicians or certified applied science technologists andno member of the Committee shall be a director of the Council or amember of the Discipline Committee.

(3) The quorum, number of members, terms of office, qualificationsand the manner of the appointment of members of the ComplaintsCommittee shall be established and governed by the by-laws, and the by-laws may regulate the powers, procedures, functions and operations ofthe Committee and permit the establishment of panels of the Committeeto act for and to carry out and exercise all the duties and powers of theCommittee.

(4) The Council shall appoint one of the members of the ComplaintsCommittee to be the Chair of the Committee.

(5) The Complaints Committee shall

(a) consider and investigate all complaints delivered to itand attempt to resolve informally any complaint if theCommittee deems it appropriate; and

(b) perform such duties as may be assigned to it by theCouncil, the by-laws or the rules.

(6) The Complaints Committee shall consider only written evidenceand, in this Section, "evidence" includes any documents that may bepresented to the Committee.

(7) The Complaints Committee may engage such persons as it deemsnecessary, including legal counsel, to assist it in the consideration andinvestigation of complaints and, subject to the by-laws, shall determine itsown rules of procedure.

(8) A member against whom a complaint has been made is entitled to

(a) prompt notice that a complaint has been received bythe Complaints Committee or that Council has caused aninvestigation to be commenced by the Committee and a copyof the complaint;

(b) copies of all evidence presented to the ComplaintsCommittee in writing concerning the complaint; and

(c) at least fourteen days notice of the first meeting of theComplaints Committee called to consider the complaint,accompanied by copies of all evidence in writing concerningthe complaint, other than privileged documents, then in thepossession of the Committee and the opportunity after suchnotice to submit to the Committee, in writing, anyexplanation, evidence, documents or representation themember may wish to make concerning the complaint orinvestigation.

(9) After reviewing all the evidence presented to it, the ComplaintsCommittee shall determine whether the complaint warrants furtherconsideration and may

(a) dismiss the complaint; or

(b) refer the complaint to the Discipline Committee.

(10) A complainant who is dissatisfied with a decision made pursuant toclause 9(a) may appeal, within thirty days, to the Discipline Committee. 1999, c. 3, s. 22.

Discipline Committee
23 (1) The Council shall maintain a standing committee to beknown as the Discipline Committee.

(2) The Discipline Committee shall be composed of certifiedengineering technicians, certified engineering technologists, certifiedapplied science technicians or certified applied science technologists butno member of the Committee shall be a director of the Council.

(3) The quorum, number of members, terms of office, qualificationsand the manner or the appointment of the members of the DisciplineCommittee shall be established and governed by the by-laws, and the by-laws may regulate the powers, procedures, functions and operations ofthe Committee and permit the establishment of panels of the Committeeto act for and to carry out and exercise all the duties and powers of theCommittee.

(4) The Council shall appoint one of the members of the DisciplineCommittee to be the Chair of the Committee.

(5) The Discipline Committee shall, subject to the by-laws, conduct itsproceedings in accordance with its own rules of procedure and may do allthings and engage such persons, including legal counsel, as it deemsnecessary to provide for the investigation, hearing and consideration of acomplaint or appeal, and in no case is the Discipline Committee bound tofollow the technical rules of evidence or procedure applicable in judicialproceedings.

(6) The Discipline Committee shall

(a) consider and investigate complaints referred to it bythe Complaints Committee or the complainant and attempt toresolve informally any complaint if the Committee deems itappropriate; and

(b) perform such duties as may be assigned to it by theCouncil.

(7) The Discipline Committee shall

(a) consider the complaint, hear the evidence, ascertainthe facts and make a decision with respect to the merits ofeach complaint as to whether the member is guilty of amatter referred to in clause 21(1)(a) or is suffering from anailment or condition referred to in clause 21(1)(b), in suchmanner as the Committee deems fit; and

(b) where the Discipline Committee in its absolutediscretion at any time after the receipt of a complaint deemsit necessary or advisable, without hearing, require anymember to produce records or documents in the member'spossession or custody or under the member's control or inthe possession or custody or control of any corporation ofwhich the member is a director, officer or shareholder and,where the member fails to produce the records ordocuments, the Discipline Committee may suspend themember's certification or membership until the memberproduces the records or documents, unless the member isprohibited by law from producing the records or documents.

(8) After reviewing all of the evidence presented to it the DisciplineCommittee may, as part of its decision with respect to the merits of anycomplaint, do one or more of the following:

(a) order that the member's certification or membership besuspended for a specific period of time during which themember's name shall be removed from the Register, theTemporary Register or any roster in which the member'sname is entered;

(b) order that the member's certification or membership besuspended pending the satisfaction and completion of suchconditions as may be ordered by the Committee;

(c) order that the member's certification or membership berevoked and the member's name be removed from theRegister, the Temporary Register or any roster in which themember's name is entered;

(d) order that conditions or limitations be imposed on themember's certification or membership and so inform themember's employer, if any;

(e) issue a reprimand;

(f) dismiss the complaint;

(g) impose such fine as the Committee considersappropriate, not exceeding five thousand dollars, to be paidby the member to the Society for the use of the Society andrecoverable by the Society by civil action for debt;

(h) order that the imposition of any penalty be suspendedor postponed for such period of time and upon such termsand conditions as the Committee deems appropriate;

(i) order that the decision of the Committee or notice ofthe decision be published in such manner as the Committeedeems fit; or

(j) make such order as the Committee deems just.

(9) Before commencing an investigation into a complaint, theDiscipline Committee may order that security for costs be paid to theSociety by the complainant in such amount and on such terms as theCommittee may deem just, and the Committee is not obligated to proceedwith an investigation until the security for costs is paid.

(10) Notwithstanding anything contained in this Act, where at any timea member admits any allegation in a complaint alleging a matter set out insubsection 21(1) and the member waives, in writing, the right to anyother or further hearing or proceedings pursuant to Sections 21 to 26, theDiscipline Committee may

(a) agree to cancel all hearings or proceedings and toaccept the member's resignation on such terms andconditions as the Committee may specify; or

(b) make any order, finding or decision that may be madepursuant to this Section or Section 29. 1999, c. 3, s. 23.

Evidence and burden of proof
24 (1) Any party to a hearing may obtain from the Court subpoenasfor the attendance of witnesses and the production of books, documentsand things at the hearing, and failure to comply with a subpoena or refusalto give evidence is a contempt of court.

(2) The testimony of witnesses shall be taken under oath or solemnaffirmation which any member of the Discipline Committee mayadminister.

(3) The burden of proof in all proceedings before the DisciplineCommittee is the balance of probabilities. 1999, c. 3, s. 24.

Suspension
25 The Registrar may, without hearing, order the suspension of thecertification or membership of a member if the Registrar has reasonableand probable grounds for believing that the member in question has beenconvicted of a criminal offence of such kind or type that, in the opinion ofthe Registrar, the continued certification or membership of the member inquestion would immediately affect the good name of the Society or theprofession and, upon the Registrar ordering the suspension, the DisciplineCommittee shall immediately commence an investigation. 1999, c. 3, s. 25.

Rights of member subject to complaint
26 (1) In all proceedings before the Discipline Committee, themember against whom a complaint is made or in respect of whom aninvestigation is commenced

(a) may be represented by legal counsel, at the member'sown expense;

(b) shall be entitled to a full right to examine, cross-examine and re-examine witnesses in accordance with therules of procedure established by the Discipline Committee;

(c) shall be entitled to receive copies of all documentspresented to the Discipline Committee in connection with thecomplaint or investigation, unless the documents areprivileged by law;

(d) shall be entitled to at least fourteen days written noticeof the date of the first hearing of the Discipline Committee;and

(e) shall receive prompt notice of and a copy of thedecision rendered.

(2) Subsection 41(1) does not apply to a discipline proceedingpursuant to Sections 21 to 26. 1999, c. 3, s. 26.

Appeal to Court
27 (1) Where

(a) a complainant is dissatisfied with a decision of theDiscipline Committee;

(b) a member against whom a complaint has been made isdissatisfied with a decision of the Discipline Committee; or

(c) an applicant for certification is dissatisfied with adecision of the Certification Board, after such decision hasbeen considered by the Certification Review Board,

the person may, within thirty days of the date on which notice of thedecision is mailed to the last known address of the person, appeal thedecision to the Court and shall, within fourteen days, serve a copy of thenotice of appeal on the Registrar.

(2) A notice of appeal pursuant to subsection (1) shall set forth thegrounds of appeal and state the relief sought. 1999, c. 3, s. 27.

Order or decision on appeal and standing of Society
28 (1) The Court may make any order or decision that theDiscipline Committee or the Certification Review Board, as the case maybe, could have made and may make such order as to costs as may be just.

(2) The Society has standing to appear and participate in any appeal tothe Court.

(3) Notwithstanding that an appeal to the Court has been instituted inrespect of a decision or order, that decision or order continues to be validand binding and no stay of proceedings may be granted prior to thehearing of the appeal. 1999, c. 3, s. 28.

Costs
29 (1) The Discipline Committee or the Court, may order that thecosts of an investigation, proceeding, hearing or appeal pursuant to thisAct be paid to any one or more of the Society or the parties, in whole orin part, by

(a) the member against whom the complaint was made,except where the complaint is completely dismissed withoutany other decision, finding or order adverse to that member;or

(b) the complainant or person at whose request thecomplaint was made or an investigation was commenced ifthe Discipline Committee or the Court is of the opinion thatthe complaint or investigation was unwarranted,

and it may be made a condition of the certification of any member thatsuch costs be paid forthwith where the costs are imposed pursuant toclause (a) or where the complainant referred to in clause (b) is a member.

(2) Before hearing an appeal, the Court may order that security forcosts be paid to the Society by the appellant in such amount and uponsuch terms as the Court deems just.

(3) In this Section, "costs" includes

(a) all costs, expenses and disbursements and all legalcosts, on a solicitor and client basis, and other expenses ofany kind incurred by the Society, the Complaints Committee,the Discipline Committee, the Certification Board or theCertification Review Board in relation to an investigation,proceeding, hearing or appeal;

(b) honoraria and expenses paid to members of theComplaints Committee, the Discipline Committee, theCertification Board or the Certification Review Board inrelation to an investigation, proceeding, hearing or appeal;and

(c) the legal costs, on a solicitor and client basis, andexpenses and disbursements incurred by any other party toan investigation, proceeding, hearing or appeal. 1999, c. 3,s. 29.

GENERAL

Trustee or custodian
30 The Society may act as trustee or custodian of any funds orproperty that may be committed for any purpose to the care ormanagement of the Society. 1999, c. 3, s. 30.

Conduct of meetings
31 The Council and any committee of the Council or the Society mayconduct meetings by telephone or other communication facilities in themanner and on the terms and conditions established by the by-laws or therules, and persons participating in a meeting by such means are deemed tobe present in person at the meeting. 1999, c. 3, s. 31.

Effect of certain documents
32 A resolution, report, recommendation, decision, finding or order ofthe Council or a committee of the Council or the Society in writing signedby all directors or persons entitled to vote on such resolution, report,recommendation, decision, finding or order, or signed counterpartsthereof, is as valid as if passed, enacted, determined or made at a meetingof the Council or a committee. 1999, c. 3, s. 32.

Exemption from liability
33 None of the Society, the Council or any of the committees of theCouncil or the Society, or any member, officer or employee of any ofthose bodies, is liable for any loss or damage of any kind suffered orincurred by any person as a result of anything done or not done, anyproceedings taken or any order made or enforced by it or them in goodfaith in the administration of or pursuant to this Act, the by-laws or therules. 1999, c. 3, s. 33.

Deemed date of receipt of notice
34 Where notice is required or permitted to be made or given pursuantto this Act, the by-laws or the rules, a notice is deemed to have beenreceived seven days after the mailing by registered mail postage prepaidof the notice to the last known address of the person to whom the noticeis directed. 1999, c. 3, s. 34.

OFFENCE AND PENALTY

Failure to inform employer
35 (1) A person authorized to hold himself or herself out as acertified engineering technician, certified engineering technologist,certified applied science technician or certified applied sciencetechnologist pursuant to this Act who fails to inform the person'semployer of any condition, limitation or restriction is guilty of an offence.

(2) In subsection (1), it is sufficient proof of the offence alleged if it isproved that the accused has done or committed a single act of the kindalleged. 1999, c. 3, s. 35.

Prohibition
36 Except as provided in this Act, the by-laws or the rules, no person,other than a person whose name is entered in the Register or theTemporary Register, shall

(a) publicly or privately, whether or not for hire, gain or hope ofreward hold himself or herself out in any way as being a certifiedengineering technician, certified engineering technologist, certifiedapplied science technician or certified applied science technologistof the Society; or

(b) assume or use any title, name, designation, initials ordescription, including those referred to in this Act, that does orcould lead the public to believe that the person is a certifiedengineering technician, certified engineering technologist, certifiedapplied science technician or certified applied science technologistof the Society. 1999, c. 3, s. 36.

Offence
37 A person who knowingly furnishes false or misleading informationin or in respect of any application made pursuant to this Act, the by-lawsor the rules or in any statement or return required to be furnishedpursuant to this Act, the by-laws or the rules, is guilty of an offence. 1999, c. 3, s. 37.

Penalties
38 A person who is guilty of an offence under this Act, the by-laws orthe rules is liable, on summary conviction, for the first offence to a finenot exceeding two thousand dollars and, for each subsequent offence, toa fine not exceeding five thousand dollars or, in default of payment, toimprisonment for a term not exceeding six months, or both. 1999, c. 3,s. 38.

Enforcement by injunction
39 Where a member or former member or an applicant for certificationdoes or attempts to do anything contrary to this Act or any by-law or rulemade pursuant to this Act, the doing of such thing may be restrained byan injunction of the Court at the instance of the Council acting in thename of the Society. 1999, c. 3, s. 39.

Further right to injunction
40 Where a person, other than a person referred to in Section 39, doesor attempts to do anything contrary to this Act, the doing of such thingmay be restrained by an injunction of the Court at the instance of theCouncil acting in the name of the Society. 1999, c. 3, s. 40.

Prosecutions
41 (1) No prosecution by the Society or any other person for anoffence under this Act shall be commenced after the expiration of oneyear from the date of the last act that is part of the alleged offence.

(2) The Council may institute and carry on or authorize any person toinstitute and carry on the prosecution of an offence under this Act.

(3) Where a violation of this Act continues for more than one day, eachday that the violation continues is deemed a separate offence. 1999, c. 3,s. 41.

TRANSITIONAL

Effect of existing certification
42 The name and address of every person who, at the coming intoforce of this Act, is a certified engineering technician, certifiedengineering technologist, certified applied science technician or certifiedapplied science technologist of the Society of Certified EngineeringTechnicians and Technologists of Nova Scotia pursuant to the by-laws ofthe Society shall be entered in the Register in such part as may bedesignated by the Council. 1999, c. 3, s. 42.

Preservation of certain rights
43 (1) Nothing in this Act affects the powers and duties, tenure ofoffice or terms of remuneration of any director or officer of the Society orany committee appointed before the coming into force of this Act, oranything done or suffered, or any right, title or interest acquired beforethe coming into force of this Act, or any legal proceedings or remedy inrespect of any such thing, right, title or interest.

(2) Until repealed, altered or amended pursuant to this Act, a by-law,regulation or rule of the Society made or fees prescribed and in force atthe coming into force of this Act shall, notwithstanding any conflict withthis Act, continue in force and have effect as if made pursuant to this Act. 1999, c. 3, s. 43.

Proclamation
44 This Act comes into force on such day as the Governor in Councilorders and declares by proclamation. 1999, c. 3, s. 44.

Proclaimed - August 4, 1999
In force - August 4, 1999
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