(Assented to September 10, 1986)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"certified management consultant" means a management consultant who is a member of the Institute and holds a class of membership as is permitted by the by-laws of the Institute to use the designation "Certified Management Consultant" or "Conseiller en administration agréé" and to use after his or her name the initials "C.M.C." or "C.A.A."; (« conseiller en administration agréé »)
"council" means the council for the management of the affairs and business of the Institute; (« conseil »)
"court" means the Court of Queen's Bench for Manitoba; (« tribunal »)
"Institute" means The Institute of Certified Management Consultants of Manitoba continued as a body corporate under this Act; (« Institut »)
"management consultant" means any person who is engaged for hire, gain or hope of reward, either directly or indirectly, in the practice of management consulting; (« conseiller en administration »)
"management consulting" means investigating and identifying management problems and recommending and helping to implement solutions to such problems in the management of business, government, community and other organizations, including without limiting the generality of the foregoing, problems of
(i) production management;
(ii) marketing management;
(iii) human resources management;
(iv) financial management;
(v) management accounting;
(vi) operations research;
(vii) information processing;
(ix) long-range planning; and
(x) general management. (« expertise de gestion »)
The Institute of Certified Management Consultants of Manitoba, Inc., as constituted before the coming into force of this Act, is hereby continued as a body corporate under the name of The Institute of Certified Management Consultants of Manitoba and, subject to the provisions of this Act and The Corporations Act, has the capacity, rights, powers and privileges of a natural person.
The affairs and business of the Institute shall be managed by a council consisting of not fewer than 6 members.
Subject to subsection (1), the Institute shall, by by-law, provide for the number of members of council, the method of election or appointment of members and officers of council and the conduct in all other particulars of the affairs of the Institute.
Continuation of officers and councillors
The members of the council and the officers of the Institute in office on the coming into force of this Act shall continue in office until their successors are elected or appointed.
In addition to its powers under this Act and The Corporations Act, the Institute may make, amend and repeal by-laws not inconsistent with this or any other Act of the Legislature
(a) prescribing the qualifications for and conditions of registration for applicants for membership in the Institute;
(b) prescribing classes of membership and the rights, duties and responsibilities of such classes of membership;
(c) prescribing a curriculum and courses of study to be pursued by applicants for membership and the subjects upon which such applicants shall be examined and providing for granting certificates of membership to applicants who pass the examinations; and
(d) regulating and governing the conduct of members of the Institute in the practice of their business or profession by prescribing a code of ethics, rules of professional conduct and standards of practice and by providing for reprimand, censure, suspension of registration of or cancellation of registration of members for professional misconduct, incapacity or incompetence.
By-laws of the Institute of Certified Management Consultants of Manitoba, Inc. in existence on the coming into force of this Act remain in force until repealed or amended.
The by-laws of the Institute shall be open to examination by the public at the head office of the Institute during normal office hours.
The Institute shall grant a membership in the Institute to any individual who applies therefor in accordance with the by-laws, if the individual
(a) is of good character;
(b) has complied with the academic and experience requirements specified in the by-laws for the issuance of membership;
(c) has passed such examinations as council may set or approve in accordance with the by-laws; and
(d) has paid such fee or fees as are prescribed in the by-laws.
Every person appearing or entitled to appear as a member of the Institute of Certified Management Consultants of Manitoba, Inc. on the list of members thereof on the coming into force of this Act is a member of the Institute.
The Institute shall keep a register at the head office of the Institute in which shall be entered the names of all members of the Institute in good standing and their class of membership and only those persons so registered shall be entitled to the privileges of membership in the Institute.
The register shall be open to examination by the public at the head office of the Institute during normal office hours.
The head office of the Institute shall be at such place in the Province of Manitoba as may be determined by council.
Where a person applies to be registered under this Act as a member of the Institute and the application is refused, the applicant may, within 15 days after receiving written notice of the refusal, file at the head office of the Institute a written request for a hearing by the council to review the refusal and the council shall, within 30 days after receipt of the request by the Institute, cause a hearing to be held into the matter and may confirm the decision or cause the applicant to be registered.
Application of subsecs. 9(2) to (6)
Subsections 9(2), (3), (4), (5) and (6) apply with such modifications as the circumstances require to a hearing conducted under subsection (1).
Subject to subsection (2), where a written complaint is made to the council at the head office of the Institute that a member has been guilty of professional misconduct or has contravened a provision of this Act or the by-laws of the Institute, the council may hold a hearing into the complaint.
Before holding a hearing under subsection (1), the council shall, at least 15 days before the date of the hearing, cause to be served upon the member against whom the complaint is made, by personal service, or by registered mail postage prepaid, addressed to the address of the member as recorded in the records of the Institute, a statement of the particulars of the complaint and a notice of the date, time and place of the hearing, and a statement and notice sent by registered mail shall be deemed to have been served on the first day of regular postal delivery after the day on which it was posted.
Where the council holds a hearing into a complaint against a member, the member is entitled to be present and to be represented by counsel or an agent and to cross-examine witnesses and adduce evidence at the hearing.
Where service of notice of the hearing on the member against whom the complaint is made is proved by affidavit or viva voce evidence and the member against whom the complaint has been made does not attend or give good and sufficient reason to the council for failing to attend, the council may proceed with the hearing in the absence of and without further notice to the member and take such action as is authorized under this Act.
In conducting a hearing under this section, the council has the same powers of taking evidence, of compelling the attendance of witnesses and the production of books, papers and documents, as a commissioner appointed to hold a public inquiry under Part V of The Manitoba Evidence Act has under that Act.
All evidence received at a hearing under this section shall be given under oath and taken down in writing or otherwise recorded by a reporter duly sworn.
After completing a hearing into a complaint against a member, if the council finds the member to have
(a) been guilty of professional misconduct; or
(b) contravened a provision of this Act or the by-laws of the Institute;
it may, subject to the by-laws, reprimand, censure, suspend the registration of, or cancel the registration of, the member against whom the complaint was made, and it may order the member to pay all or any part of the costs and expenses incurred by the Institute in and for the investigation of the complaint and the conduct of the hearing.
Any person who considers himself aggrieved by an order or decision of council relating to a refusal of registration, a suspension or cancellation of registration, or a reprimand or censure, may appeal from the order or decision to a judge of the court at any time within two months from the date of the order or decision.
The judge may, upon hearing of the appeal, make such order or decision relating thereto and as to costs, as the court considers just.
An appeal shall be made by originating notice of motion returnable before a judge of the court and shall be founded upon the record of proceedings and reports relating thereto and the order or decision of council in the matter, certified by the person in charge with the responsibility of maintaining the register.
The Institute shall, upon the request of a person desiring to appeal, furnish that person at the expense of the person a certified copy of all proceedings, reports, orders and papers upon which the council acted in making the order or decision in respect of which the appeal is taken.
Failure to file transcript of evidence
If a transcript of evidence of a hearing is obtainable and the appellant has not filed two copies thereof with the court within 30 days of the date of receipt by the appellant of the transcript, the appeal shall be deemed to be abandoned unless the court extends the time for filing of the transcript.
Pending an appeal under subsection (1), a member whose registration has been suspended or cancelled shall not use the designation "Certified Management Consultant" or "conseiller en administration agréé" and shall not use after his or her name the initials "C.M.C." or "C.A.A." within the province.
Effect of suspension and cancellation
Where the registration of a member is suspended or cancelled under section 9 and the suspension or cancellation is not set aside under section 10, the member shall not use the designation "Certified Management Consultant" or "conseiller en administration agréé" and shall not use after his or her name the initials "C.M.C." or "C.A.A." within the province until the suspension expires or the registration, where cancelled, is renewed.
No action lies against the council, any committee of the council, any member, or any officer or employee of the Institute, for any act or proceedings taken or enforced or attempted under this Act or a by-law of the Institute, if the act or proceeding was taken, enforced or attempted in good faith and without malice.
Every certified management consultant may use the designation "Certified Management Consultant" or "conseiller en administration agréé" and may use after his or her name the initials "C.M.C." or "C.A.A." indicating that he or she is a Certified Management Consultant.
Any person in Manitoba who, not being a certified management consultant, takes or uses the designation "Certified Management Consultant" or "conseiller en administration agréé" alone or in combination with any other word, name, title or description or implies, suggests or holds out that he or she is a certified management consultant is guilty of an offence and liable on summary conviction to a fine not exceeding $500 for the first offence and not exceeding $1,000 for a subsequent offence.
This Act does not affect or interfere with the right of any person who is not a member of the Institute
(a) to practise as a management consultant in Manitoba; or
(b) to use the initials "C.M.C." or "C.A.A." after his or her name so long as the person is not a management consultant.
Conflict with The Corporations Act
Where a provision of this Act is inconsistent with any provision of The Corporations Act, for the purposes of this Act, the provision of this Act supersedes and prevails over the provision of The Corporations Act.
Reference in Continuing Consolidation
This Act may be referred to as chapter C47 in the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on the day it receives the royal assent.