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RSNL1990 CHAPTER A-7

AGROLOGISTS ACT

Amended:

1995 cL-16.1 s30; 2004 cV-4.1 s53; 2013 c16 s25

CHAPTER A-7

AN ACT RESPECTING THE NEWFOUNDLAND AND LABRADOR INSTITUTE OF AGROLOGISTS

Analysis



Short title

        1. This Act may be cited as the Agrologists Act.

1988 c30 s1

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Definitions

        2. In this Act

             (a)  "agrologist" means a professional agriculturalist registered as an agrologist under this Act;

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

             (c)  "by-laws" means the by-laws made by the institute;

             (d)  "certificate" means a certificate of membership in the institute;

             (e)  "council" means the Council of Management of the institute;

             (f)  "institute" means the Newfoundland and Labrador Institute of Agrologists;

             (g)  "member" means a member of the institute;

             (h)  "practising agrology" means teaching, demonstrating or practically applying the science or art of agriculture or advising or conducting scientific experiments and research in relation to agriculture as a chief occupation;

              (i)  "register" means the register of members of the institute; and

              (j)  "registrar" means the registrar of the institute.

1988 c30 s2

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Non-application of Act

        3. This Act does not apply to or affect

             (a)  a person carrying on the business of farming or the growing of crops, unless he or she becomes a member of the institute or practises agrology;

             (b)  a member of the Canadian Armed Forces, while actually employed on duty with those forces;

             (c)  undergraduate student assistants in agriculture working under the direct supervision of an agrologist and not taking responsibility for their work other than to their immediate superiors;

             (d)  a person who is not registered as an agrologist under this Act but is registered as a professional engineer under the Engineers and Geoscientists Act or as a veterinarian under the Veterinary Medical Act, 2004, if that person does not hold himself or herself out as an agrologist; and

             (e)  a person who is not registered as an agrologist under this Act but practises his or her profession, trade or calling as a chemist, forester, land appraiser or valuator, land surveyor, or a person servicing or repairing farm machinery, if the person does not hold himself or herself out as an agrologist.

1988 c30 s3; 2004 cV-4.1 s53

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Institute

        4. The Newfoundland and Labrador Institute of Agrologists is continued as a corporation under this Act.

1988 c30 s4

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Head office

        5. The head office of the institute shall be located at a place specified in the by-laws.

1988 c30 s5

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Objects

        6. The objects of the institute are

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

             (b)  to do those things that may be necessary, incidental or conducive to the usefulness of agrologists to the public; and

             (c)  to ensure, for the benefit of the public, the proficiency and competency of agrologists.

1988 c30 s6

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Council

        7. (1) The governing board of the institute shall be the Council of Management consisting of the president, the president-elect, the immediate past president and at least 3 other councillors elected in the manner prescribed by the by-laws.

             (2)  The members of the council shall live in the province and be members in good standing in the institute.

             (3)  The elected members of the council shall hold office for a term of 2 years.

             (4)  Notwithstanding subsection (3), the president-elect shall be elected annually and shall serve as president-elect for 1 year, then as president for 1 year and then as immediate past president for 1 year.

             (5)  The president-elect shall be elected by and from the registered members and shall have the powers of the president when the president is absent.

             (6)  Notwithstanding subsection (3), where additional members are added to the council, they shall hold office for terms subject to conditions as prescribed by the by-laws.

             (7)  In the case of the resignation or death of an elected member of the council, the vacancy created shall be filled in the manner provided by the by-laws.

             (8)  A person shall not be eligible for election to the council or qualified to fill a vacancy on the council or to vote for the council members unless that person is registered under this Act.

             (9)  The council shall decide upon disputes concerning elections to the council and the eligibility for, and rights of, membership and the decision of the council in those matters is final.

1988 c30 s7

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Officers

        8. (1) The officers of the institute are

             (a)  the president, the president-elect and the immediate past president;

             (b)  the registrar, the secretary and the treasurer who in each case must be a member in good standing, but 1 person may be appointed to 2 of the offices; and

             (c)  officers who may be appointed by the council or elected under the by-laws.

             (2)  All officers appointed by the council shall hold office under a majority vote of the council.

             (3)  The council may, subject to the by-laws, fix salaries or fees to be paid to the officers appointed under this Act.

1988 c30 s8

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Meetings

        9. (1) The meetings of the institute and of the council shall be held at the times and places fixed by the by-laws.

             (2)  The president or, in his or her absence, the president-elect or, in his or her absence, the immediate past president or, in the absence of all 3, a member to be chosen from the members present shall act as chairperson of meetings of the institute or the council.

             (3)  At meetings, the chairperson shall have a casting vote only.

             (4)  Questions submitted to the institute or the council shall be decided by a majority of the members present.

             (5)  Business shall not be conducted at a meeting of the institute or the council at which the quorum provided by the by-laws is not present.

1988 c30 s9

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Powers of institute

      10. The institute may acquire by gift, purchase or otherwise, and alienate, sell, mortgage, lease or otherwise charge or dispose of, real or personal property for the purpose of carrying into effect and of promoting the aims, objects and designs of the institute.

1988 c30 s10

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By-laws

      11. (1) Subject to the approval of the Minister of Forestry and Agriculture, the institute may make by-laws respecting

             (a)  the election of the council, the filling of vacancies on the council and defining the duties of the council;

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

             (c)  the management of institute property;

             (d)  the appointment of officers, in addition to those provided for in sections 7 and 8, as may be necessary for carrying out the purposes of the institute and the defining of the duties of those officers;

             (e)  the maintenance of the institute by levying annual and other fees and prescribing and levying fines for the non-payment of fees;

             (f)  the time, place and conduct of the annual and other meetings of the institute and meetings of the council and the periods of notice with regard to those meetings;

             (g)  the quorum for meetings of the institute and the council;

             (h)  the admission of members;

              (i)  the subjects for examination of candidates for admission to the institute and the conduct of those examinations and the fee payable by applicants;

              (j)  the form of the certificate;

             (k)  the registration of agrologists in training and recording of agricultural students and technicians; and

              (l)  other purposes considered necessary or appropriate for the management or welfare of the institute and for the conduct of its business.

             (2)  By-laws made and approved under paragraphs (1)(h) and (i) are subordinate legislation for the purposes of the Statutes and Subordinate Legislation Act.

1988 c30 s11; 1989 c18 Sch B

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Eligibility for membership

      12. (1) A person is eligible for full membership in the institute where the person

             (a)  satisfies the council that he or she

                      (i)  has obtained a degree in agriculture from a university or college recognized by the council, or

                     (ii)  has obtained a degree and has passed examinations which the council, after evaluating the person's degree and subsequent experience, considers necessary to establish that his or her qualifications are equivalent to those of a person holding a degree in agriculture under subparagraph (i); and

             (b)  satisfies the council that he or she has been engaged in agrology in a professional or other capacity for a period totalling 3 years after having obtained his or her degree and that the major part of that time occurred within the 3 year period immediately preceding the person's application for membership.

             (2)  For the purpose of calculating the period of 3 years referred to in paragraph (1)(b), the council may include

             (a)  time spent in practising agrology as a registered agrologist in training;

             (b)  time spent in post-graduate studies at a university or college recognized by the council; and

             (c)  time spent in active farming operations.

             (3)  A person is eligible for membership in the institute where he or she satisfies the council that he or she holds a membership in good standing in a professional agricultural body having admission standards considered by the council to be equivalent to those required by subsection (1).

1988 c30 s12

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Registration

      13. An applicant who is eligible under section 12 and who

             (a)  has paid the required fees; and

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

shall be registered as a member of the institute by the registrar and shall be issued a certificate in the form and subject to the requirements that may be prescribed by the by-laws.

1988 c30 s13

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Agrologist in training

      14. (1) A person referred to in subparagraph 12(1)(a)(i) may upon application be registered with the institute as an agrologist in training and upon paying the fees prescribed by the by-laws be permitted to practise agrology under the guidance of an agrologist.

             (2)  The required term of training for an agrologist in training is 3 years.

1988 c30 s14

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Restriction

      15. A partnership, corporation or association of persons shall not be registered as a member of the institute.

1988 c30 s15

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Examinations

      16. (1) The examination of candidates for admission to the institute is under the control of the council.

             (2)  The council may appoint a board of examiners to examine candidates for admission as members.

             (3)  Examinations of candidates for admission as members shall be held at times and places fixed by the council.

             (4)  An application to write examinations for membership

             (a)  shall be made on a form supplied by the secretary of the council; and

             (b)  shall be filed with the registrar at least 4 weeks before the times fixed for the examinations.

             (5)  An application referred to in subsection (4)

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

             (b)  shall contain information required by the council concerning the applicant's preliminary education and course of study as the council may prescribe.

             (6)  The secretary of the council shall report to the registrar the names of candidates who have passed the examinations.

1988 c30 s16

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Register

      17. (1) The registrar of the institute shall keep a record, to be known as the register of agrologists, in which shall be entered the names and addresses of members.

             (2)  The register shall be open to inspection at reasonable times without charge.

1988 c30 s17

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Certificate

      18. (1) The registrar shall issue an annual certificate in the form and subject to the by-laws to persons whose names have been entered in the register as an agrologist under this Act.

             (2)  Certificates shall expire on December 31 each year but shall be renewable for 1 year subject to subsection (3).

             (3)  The registrar shall renew the registration and certificate annually of agrologists who pay the prescribed fee and meet the requirements of this Act and the by-laws.

1988 c30 s18

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List of members

      19. (1) The registrar shall from time to time publish a correct list of the names and addresses in alphabetical order according to surnames of persons whose names are in the register.

             (2)  If the list of names and addresses of persons referred to in subsection (1) is not published annually, the registrar shall issue an annual supplement.

1988 c30 s19

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Proof of registration

      20. (1) The list or supplement referred to in section 19 shall be accepted by the court as, in the absence of evidence to the contrary, evidence that the persons named on the list or supplement are registered according to this Act and the absence of the name of a person from the list or supplement shall be accepted by the court as, in the absence of evidence to the contrary, evidence that the person is not registered.

             (2)  A certificate signed or purporting to be signed by the registrar is, in the absence of evidence to the contrary, proof

             (a)  of the facts certified in the certificate; and

             (b)  that the person signing the certificate is in fact the registrar.

1988 c30 s20

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Fees

      21. (1) Members shall pay on registration and annually the fees prescribed by the by-laws.

             (2)  The name of a person in default shall be removed from the register by order of the council after 1 month's notice by prepaid registered mail to the person and shall not be reinstated except upon payment of those fees and fines which may be imposed under the by-laws.

             (3)  A person living in another province and who is a registered member in good standing in a professional agricultural organization recognized by the institute and with which the institute has a reciprocal agreement may transfer his or her membership to the institute without being assessed a registration fee.

             (4)  A person living in another province and who is a registered member in good standing in a professional agricultural organization recognized by the institute and with which the institute has a reciprocal agreement may be allowed to practise agrology part time in the province without being assessed a registration fee.

1988 c30 s21

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Treasurer

      22. The treasurer of the institute shall

             (a)  control matters relating to the finances of the institute including receipt of money paid to the institute, or to a member on behalf of the institute and shall make disbursements on behalf of the institute; and

             (b)  perform other duties as required by the council.

1988 c30 s22

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Discipline

      23. (1) The council may hear and determine a complaint against a member of the institute.

             (2)  Where the council is of the opinion, or has reasonable cause to believe, that there has been negligence, incompetence or impropriety in the professional conduct of a member, the council shall investigate, hear and determine the complaint and give 2 weeks' notice by registered mail to the member against whom the complaint is made of the time and place of the hearing.

             (3)  The member has the right to be heard and be represented by a lawyer or other person at the hearing.

             (4)  Where the council conducts a hearing under subsection (2), the council shall keep a written record of its proceedings, findings, recommendations and reasons.

             (5)  The council may, where it determines that the complaint is substantiated, take disciplinary measures that the council considers appropriate including

             (a)  removing the name of the member from the register;

             (b)  suspending the certificate of the member for a period the council considers appropriate and just;

             (c)  imposing upon the member a monetary penalty not to exceed the sum fixed by the by-laws; or

             (d)  imposing conditions or limitations on the member in practising agrology.

             (6)  For the purpose of an inquiry, the council and each member of the council are vested with the powers that are or may be conferred on a commissioner under thePublic Inquiries Act.

             (7)  Notice of the decision of the council and the penalty imposed shall be sent by registered mail to the member.

             (8)  Where a member's certificate is suspended or the member's name is removed from the register, the member shall submit his or her certificate to the council within 10 days of receipt of the notice of suspension or cancellation unless the member intends to, and does, pursue the appeal process outlined in section 24.

             (9)  For the purposes of this section, a quorum of the council shall be 5 members.

1988 c30 s23

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Appeal

      24. (1) An appeal may be made to a judge of the Trial Division from a decision of the council made under section 23.

             (2)  A member who wishes to appeal a decision of the council made under section 23, shall file a notice of appeal with the court within 30 days of receipt of the notice of the decision of the council and the member shall also serve a copy of the notice of appeal on the council.

             (3)  The council shall direct the registrar to take whatever steps may be necessary to implement and comply with the decision of the court.

             (4)  The registrar shall upon the cancellation of a certificate strike the name of the holder from the register.

1988 c30 s24; 2013 c16 s25

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Offence

      25. (1) A person who contravenes this Act or the by-laws is guilty of an offence and is liable on summary conviction to a fine not exceeding $1,000 and to imprisonment for a term not exceeding 1 month in default of payment or to both a fine and imprisonment.

             (2)  Where an offence referred to in subsection (1) is committed on more than 1 day or is continued for more than 1 day or part of a day, it is considered to be a separate offence for each day on which the offence is committed or continued.

1988 c30 s25

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Collection of fees

      26. An agrologist may demand, receive and sue for in a court those reasonable fees which have been billed for professional services rendered and the cost of materials or appliances supplied.

1988 c30 s26

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Rep. by 1995 cL-16.1 s30(3)

      27. [Rep. by 1995 cL-16.1 s30(3)]

1995 cL-16.1 s30(3)

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Liability of council member

      28. A council member is not personally liable for loss or damage suffered by a person because of anything done or omitted to be done in good faith by that council member in the execution of the council member's office, powers or duties.

1988 c30 s28