2026 Bill 30

	30


First Session, 51st General Assembly 5 Charles III, 2026
BILL 30
AN ACT RESPECTING REGISTERED PROFESSIONAL PLANNERS IN THE PROVINCE
Received and Read the First Time................................................................
Second Reading............................................................................................
Committee.....................................................................................................
Third Reading...............................................................................................
Royal Assent.................................................................................................
HONOURABLE BARRY PETTEN Minister of Municipal and Community Affairs
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would enact the Registered Professional Planners Act. The Bill would

· establish the College of Professional Planners of Newfoundland and Labrador as the regulator of the practice of professional planning by registered professional planners and candidate planners in the province; and

· provide for the governance, registration and discipline of registered professional planners and candidate planners.

A BILL

AN ACT RESPECTING REGISTERED PROFESSIONAL PLANNERS IN THE PROVINCE

Analysis

1. Short title

2. Definitions

3. Labrador Inuit rights

PART I
COLLEGE

4. College

5. Objects

6. Board

7. Elected directors

8. Appointed directors

9. Committees

10. Registrar

11. Register

12. Board meetings

13. Annual general meeting

14. College meetings

15. Quorum

16. Annual report and audited financial statements

17. Fees and forms

18. Corporate seal

19. By-laws

PART II
REGISTRATION

20. Registration - registered professional planner

21. Registration - candidate planner

22. Registration and certificate of registration

23. Professional stamp

24. Evidence of registration is property of college

25. Rights of registered professional planner

26. Rights of candidate planner

27. Continuous professional learning

28. Annual renewal

29. Non-practising status

30. Cancellation or suspension of registration

31. Reinstatement of registration after expiry, cancellation or suspension

32. Appeal

33. Prohibition

PART III
DISCIPLINE

34. Definitions

35. Complaints authorization committee

36. Disciplinary panel

37. Power to compel evidence

38. Allegation

39. Effect of filing allegation

40. Complaints authorization committee

41. Adjudication tribunal

42. Hearing

43. Copies of books, etc. as evidence

44. Guilty plea by respondent

45. Powers of adjudication tribunal

46. Filing and publication of decisions

47. De-registration and suspension

48. Failure to comply

49. Supplementary hearing

50. Time limits

51. Costs of college

52. Collection of fine

53. Appeal to Supreme Court

PART IV
GENERAL

54. Duty to report

55. Protection from liability

56. Offence and penalty

57. Regulations

PART V
TRANSITIONAL, CONSEQUENTIAL AND COMMENCEMENT

58. Transitional - board and by-laws

59. Transitional - registrants

60. RSNL1990 cP-43 Amdt.

61. SNL2000 cU-8 Amdt.

62. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

1. This Act may be cited as the Registered Professional Planners Act.

Definitions

2. In this Act

(a) "appointed director" means a person appointed to the board in accordance with section 8;

(b) "board" means the board of directors of the college referred to in section 6;

(c) "candidate planner" means, unless the context indicates otherwise, a person who is registered under section 21 and holds a certificate of registration;

(d) "college" means the College of Professional Planners of Newfoundland and Labrador established under section 4;

(e) "department" means the department presided over by the minister;

(f) "elected director" means a person elected to the board in accordance with the by-laws;

(g) "financial year" means the period from January 1 in a year to December 31 in the same year;

(h) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(i) "practice of professional planning" means the use of professional planning knowledge, theory and skills

(i) in the development, implementation, review and amendment of plans, studies or strategies related to planning,

(ii) in the scientific, aesthetic and orderly allocation of land, resources, facilities and services, and

(iii) to sustain and improve

(A) the physical environment, and

(B) the economic, social, cultural and environmental health and well-being of communities and the province;

(j) "professional stamp" means a stamp issued by the college to a registered professional planner in accordance with section 23;

(k) "register " means the register referred to in section 11;

(l) "registered professional planner" means a person who is registered under section 20 and holds a certificate of registration;

(m) "registrant" means a registered professional planner or a candidate planner; and

(n) "registrar" means the person appointed as the registrar under subsection 10(1).

Labrador Inuit rights

3. This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

PART I
COLLEGE

College

4. (1) The College of Professional Planners of Newfoundland and Labrador is established as a corporation without share capital for the purposes of Part XXI of the Corporations Act.

(2) All registrants are members of the college.

Objects

5. (1) The college shall regulate the practice of professional planning by registered professional planners and candidate planners in the public interest.

(2) The objects of the college include

(a) the promotion of

(i) high standards of professional and ethical practice, and

(ii) continuing professional learning and competency of registrants;

(b) the registration of registered professional planners and candidate planners;

(c) the establishment, maintenance, development, adoption and enforcement of standards for the practice of professional planning by registrants;

(d) responding to and managing complaints and discipline related to the practice of registrants;

(e) the promotion of public awareness of the practice of professional planning; and

(f) ensuring that the public interest is protected in all matters relating to the practice of professional planning by registrants.

(3) Notwithstanding subsection (2), the college shall not undertake individual advocacy for members of the college.

Board

6. (1) The college shall be governed by a board of directors, and the board shall exercise the powers of the college in the name of and on behalf of the college.

(2) The board shall consist of

(a) 3 registered professional planners elected by registrants in accordance with the by-laws;

(b) 2 persons appointed by the minister in accordance with section 8; and

(3) The board shall, in accordance with the by-laws, elect officers of the board from the elected directors and appointed directors including

(a) a chairperson who shall preside over meetings of the college and the board; and

(b) a vice-chairperson who shall, in the absence of the chairperson, preside over meetings of the college and the board.

Elected directors

7. (1) An elected director shall hold office for a term set by the by-laws which shall not exceed 3 years and is eligible to be re-elected.

(2) Notwithstanding subsection (1), the directors first elected to the board under this Act shall be elected for the following terms:

(a) 2 directors shall be elected for a term of 3 years; and

(b) one director shall be elected for a term of 2 years.

(3) Where an elected director holds office for a period of 6 consecutive years, the elected director is not eligible for re-election until the expiration of 12 months from the end of the year in which the elected director was last an elected director.

(4) Where an elected director resigns, dies or becomes incapable of performing the elected director's duties, the remaining directors shall appoint a replacement to serve until the expiry of the term of that elected director.

(5) Where the term of office of an elected director expires, the elected director continues to be an elected director until re-elected or replaced but time served by the elected director under this subsection shall not be counted for the purpose of subsection (3).

(6) An elected director shall serve without payment for the elected director's services, but travel and other expenses associated with the duties as an elected director may be paid by the board, in accordance with the by-laws.

(7) An elected director may resign by providing written notice to the board.

(8) An elected director may be removed from office, in accordance with the by-laws, before the expiration of the elected director's term of office and no compensation shall be paid to the elected director other than an amount owing under subsection (6).

Appointed directors

8. (1) The minister shall appoint 2 persons to the board who are not registrants who are suitable to represent the public interest.

(2) An appointed director shall hold office for a term of 3 years and is eligible to be re-appointed.

(3) Notwithstanding subsection (2), one of the directors first appointed to the board shall be appointed for a term of 2 years.

(4) Where an appointed director holds office for a period of 6 consecutive years, the appointed director is not eligible for reappointment until the expiration of 12 months from the end of the year in which the appointed director was last an appointed director.

(5) Where the term of office of an appointed director expires, the appointed director continues to be an appointed director until re-appointed or replaced, but time served by the appointed director under this subsection shall not be counted for the purpose of subsection (4).

(6) An appointed director shall serve without payment for the appointed director's services, but travel and other expenses associated with the duties as an appointed director shall be paid by the board in accordance with guidelines established by the Lieutenant-Governor in Council.

(7) An appointed director may resign by providing written notice to the minister and the board.

(8) An appointed director may be removed from office by the minister before the expiration of the appointed director's term of office and no compensation shall be paid to the appointed director other than an amount owing under subsection (6).

Committees

9. (1) The board may appoint committees of 2 or more persons to carry out the duties and functions directed by the board.

(2) A committee may be comprised of directors, registrants and other persons having expertise in the areas determined by the board.

Registrar

10. (1) The board shall appoint a person as the registrar of the college.

(2) The college may pay the registrar for performing the registrar's duties under this Act, the regulations and the by-laws.

(3) The registrar shall

(a) attend meetings as required by the board;

(b) keep, maintain and publish records and decisions as directed by the board;

(d) perform the duties of the registrar respecting discipline under Part III; and

(e) perform other functions and duties imposed upon the registrar by the board, this Act, the regulations and the by-laws.

(4) The board may appoint a person to be the deputy registrar who shall perform the duties and exercise the powers of the registrar where the registrar is absent or unable to act.

11. (1) The registrar shall maintain a register containing

(a) the names of all registrants; and

(b) the other information that the board may require.

(2) The registrar shall

(a) make the register available for inspection by the public on reasonable notice and at reasonable hours; and

(b) publish the register on the college's website.

(3) The register, or a copy of or an extract from the register, certified by the registrar, is, in the absence of evidence to the contrary, evidence in a court or proceeding that the persons named in the register are registered under this Act.

(4) The absence of the name of a person from the register is, in the absence of evidence to the contrary, evidence that the person is not registered under this Act.

Board meetings

12. (1) The board shall hold board meetings as required.

(2) Three directors, other than the registrar, constitutes a quorum of the board, at least one of whom shall be an appointed director.

(3) Where a quorum under subsection (2) exists, a majority of that number is sufficient to make a decision, and in the event of a tie, the chairperson or, in the absence of the chairperson, the vice-chairperson shall cast the deciding vote.

Annual general meeting

13. (1) The college shall hold an annual general meeting no later than June 30 in each year, to which all members of the college shall be invited.

(2) At the annual general meeting

(a) an auditor shall be appointed by the board to audit the accounts of the college and to report on the financial statements of the college; and

(b) the college shall consider and vote on those other matters required by the by-laws.

College meetings

14. The college may hold other general or special meetings of the college as required.

Quorum

15. (1) A quorum for a meeting of the college shall be 20% of the members of the college and where that quorum is not met, the meeting shall be adjourned to a later date.

(2) Where an annual general meeting is adjourned to a later date in accordance with subsection (1), the annual general meeting shall be rescheduled to a date that is not more than 30 days after the date of the adjourned meeting.

Annual report and audited financial statements

16. (1) The board shall prepare and submit to the minister, no later than June 30 in each year,

(a) a report on the activities of the college in the previous year; and

(b) the college's audited financial statements for the previous financial year.

(2) The minister shall publish the annual report and audited financial statements on the department's website.

(3) The board shall publish the annual report and audited financial statements on the college's website.

Fees and forms

17. (1) The board may set fees and establish forms for the purpose and administration of this Act.

(2) In setting fees, the board shall, to the extent that it is practicable, ensure that the fees are sufficient to enable the college to discharge its duties under this Act.

(3) All money received by the college shall be applied by it to its duties under this Act.

Corporate seal

18. (1) The college shall have a corporate seal in a form set out in the by-laws.

(2) The corporate seal shall be affixed to certificates of registration issued to registrants under this Act.

(3) The registrar is responsible for the safekeeping of the corporate seal.

By-laws

19. (1) The board may make by-laws not inconsistent with this Act or the regulations relating to the management and operation of the college, including by-laws

(a) respecting the election of directors to the board under paragraph 6(2)(a) and the setting of the term of office for elected directors;

(b) establishing the selection process for officers of the board and their duties and functions;

(d) establishing the grounds and procedures for removal of an elected director from office;

(e) respecting the scope, composition, function, duties, quorum and procedures of committees of the board;

(f) respecting the qualifications, term of office, powers, functions, duties, remuneration, resignation and removal of the registrar, deputy registrar, agents, contractors and employees of the college;

(g) respecting the form and contents of the register and the maintenance of the register;

(h) establishing the duties and functions of the board;

(i) respecting the governance procedures for the board;

(j) providing for the execution of documents by the board;

(k) respecting banking arrangements of the college;

(l) respecting the management of the real and personal property of the college;

(m) respecting matters that may be considered and voted on at annual general meetings;

(n) providing for the holding of meetings of the board and the conduct of those meetings;

(o) respecting the attendance of directors at meetings in person and by electronic means;

(p) respecting voting rights of elected directors and appointed directors, including voting by electronic means;

(q) providing for the holding of general and special meetings of the college and the conduct of those meetings;

(r) respecting the attendance of members of the college at college meetings in person and by electronic means;

(s) respecting voting rights of members of the college at college meetings, including voting by electronic means;

(t) respecting the collaboration by the college with any educational institution, person, group, organization or corporation having goals or objectives similar to those of the college;

(u) respecting the setting of a fee schedule, payment methods, payment deadlines and fines;

(v) respecting the form and use of the corporate seal; and

(w) establishing and governing scholarships, bursaries and awards of the college.

(2) The board may make by-laws not inconsistent with this Act or the regulations relating to the registration, regulation and discipline of registrants, including by-laws

(a) respecting the application form, documentation, application process and other requirements for registration, renewal or reinstatement as a registrant;

(b) establishing or adopting requirements for professional planning experience and mentorship programs for the purposes of clauses 20(1)(b)(i)(A) and (B);

(c) establishing or adopting the terms and requirements respecting completion of examinations required under clause 20(1)(b)(i)(C), including the number of attempts a candidate planner has to successfully complete the examinations;

(d) respecting the form, content and use of a professional stamp;

(e) establishing or adopting requirements for continuous professional learning;

(f) establishing definitions of "professional misconduct", "unprofessional conduct", "professional incompetence", "conduct unbecoming a registrant" and "incapacity or unfitness to engage in the practice of professional planning" for the purpose of Part III;

(g) respecting conflict of interest;

(h) establishing or adopting competency standards, codes or rules respecting the practice of professional planning, professional conduct and ethics; and

(i) respecting the remuneration and payment of travel and other expenses to members of adjudication tribunals.

(3) A by-law may be made, amended or repealed at a meeting of the board provided that 30 days' notice, in writing, of the making, amendment or repeal of the by-law and of the meeting are given to the directors.

(4) A by-law made under paragraph (2)(b), (c), (e) or (h) may adopt terms, requirements, competency standards, codes or rules published by another professional body or government agency by reference, in whole or in part, and with such changes as are considered necessary, and as amended from time to time.

(5) The board shall

(a) have the by-laws available for inspection by the public on reasonable notice and at reasonable hours; and

(b) publish the by-laws on the college's website.

PART II
REGISTRATION

Registration - registered professional planner

20. (1) A person is entitled to be registered as a registered professional planner where the person

(a) applies in a form and manner approved by the board;

(b) satisfies one of the following requirements:

(i) the person is a candidate planner who provides proof, satisfactory to the college, that the candidate planner has

(A) the required amount of experience, as set out in the by-laws, in the practice of professional planning under the guidance of a registered professional planner,

(B) successfully completed a mentorship program, as set out in the by-laws, under the guidance of a registered professional planner, and

(C) successfully completed the examinations required by the college in accordance with the terms and requirements set out in the by-laws,

(ii) the person provides proof, satisfactory to the college, that the person was, immediately before applying for registration under this Act, licensed or registered as a professional planner under the laws of another province or territory of Canada, or

(iii) where the person does not satisfy the requirements in subparagraph (i) or (ii), has satisfied other requirements prescribed in the regulations;

(c) provides proof, satisfactory to the college, that the person has obtained professional liability insurance coverage in a form and amount satisfactory to the college;

(d) where the person is currently, or was previously, licensed or registered in another jurisdiction, provides proof, satisfactory to the college, that the person's licence or registration has not been revoked, suspended or restricted or has conditions attached by reasons of disciplinary measures in another jurisdiction;

(e) pays the registration fee set by the board; and

(f) satisfies other requirements that may be set out in the by-laws.

(2) Notwithstanding paragraph (1)(d), the college may register a person whose licence or registration has been revoked, suspended or restricted or has conditions attached by reasons of disciplinary measures in another jurisdiction where

(a) the person provides details of any revocation or suspension of or restriction or conditions on the person’s licence or registration in another jurisdiction;

(b) the college is satisfied, after consideration of the details provided under paragraph (a), that the person is entitled to be registered; and

(3) The college may impose terms, conditions or restrictions on the registration of a registered professional planner.

(4) Registration as a registered professional planner confers on the registered professional planner the right to engage in the practice of professional planning in accordance with section 25.

Registration - candidate planner

21. (1) A person is entitled to be registered as a candidate planner where the person

(a) applies in a form and manner approved by the board;

(b) satisfies one of the following requirements:

(i) the person provides proof, satisfactory to the college, that the person has graduated from an education program recognized by the college,

(ii) the person provides proof, satisfactory to the college, that the person was, immediately before applying for registration under this Act, licensed or registered as a candidate planner under the laws of another province or territory of Canada, or

(iii) where the person does not satisfy the requirements in subparagraph (i) or (ii), has satisfied other requirements prescribed in the regulations;

(c) provides proof, satisfactory to the college, that the person has obtained professional liability insurance coverage in a form and amount satisfactory to the college;

(e) pays the registration fee set by the board; and

(f) satisfies other requirements that may be set out in the by-laws.

(a) the person provides details of any revocation or suspension of or restriction or conditions on the person’s licence or registration in another jurisdiction;

(b) the college is satisfied, after consideration of the details provided under paragraph (a), that the person is entitled to be registered; and

(3) The college may impose terms, conditions or restrictions on the registration of a candidate planner.

(4) Registration as a candidate planner confers on the candidate planner the right to engage in the practice of professional planning in accordance with section 26.

Registration and certificate of registration

22. (1) The registrar shall register a person as a registered professional planner or a candidate planner where the person applies and satisfies the applicable registration requirements in this Act, the regulations and the by-laws and shall issue a certificate of registration to the person.

(2) A certificate of registration expires on December 31 following the date of issue unless the person's registration is suspended or cancelled on an earlier date.

(3) The registrar shall

(a) renew a person's certificate of registration where the person applies and satisfies the renewal requirements set out in section 28; or

(b) reinstate a person's certificate of registration where the person applies and satisfies the requirements for reinstatement of registration set out in section 31.

(4) Before making a decision on a matter of registration, renewal or reinstatement, the registrar may consult with the board, a committee of the board or those other persons considered necessary to assess the application for registration, renewal or reinstatement.

Professional stamp

23. (1) Upon registration of a person as a registered professional planner, the registrar shall provide the person with a professional stamp.

(2) A professional stamp shall be in the form and contain the information set out in the by-laws.

(3) A registered professional planner shall not acquire a professional stamp from any other source other than the registrar.

(4) A registered professional planner

(a) shall ensure that the professional stamp

(i) remains under the direct control of the registered professional planner at all times, and

(ii) is not used by another person; and

(b) shall not modify the registered professional planner's professional stamp.

(5) Where a registered professional planner applies the registered professional planner's professional stamp to a plan or document, the registered professional planner shall also sign and date the plan or document.

Evidence of registration is property of college

24. (1) Every certificate of registration and professional stamp issued by the registrar is and remains the property of the college and shall be immediately returned to the college

(a) where a registrant's registration is canceled under section 30;

(b) where a decision or order under Part III directs a respondent to surrender the respondent's certificate of registration; or

(2) Where a registrant becomes aware that the registrant's certificate of registration or professional stamp is lost or stolen, the registrant shall immediately notify the college of the loss or theft.

Rights of registered professional planner

25. A registered professional planner who complies with this Act, the regulations and the by-laws is entitled to

(a) engage in the practice of professional planning using the title "registered professional planner" and the designation R.P.P.; and

(b) apply the registered professional planner's professional stamp to a plan or other document prepared or reviewed by the registered professional planner.

Rights of candidate planner

26. A candidate planner who complies with this Act, the regulations and the by-laws is entitled to engage in the practice of professional planning under the direction and mentorship of a registered professional planner using the title "candidate planner".

Continuous professional learning

27. Every registrant shall participate in continuous professional learning as required by the college.

Annual renewal

28. (1) A registrant who satisfies the following requirements is entitled to a renewal of the registrant's registration:

(a) submits a completed application for renewal in a form and manner approved by the board before the expiry date prescribed in subsection 22(2);

(b) provides proof, satisfactory to the college, that the registrant has professional liability insurance coverage in a form and amount satisfactory to the college;

(c) provides proof, satisfactory to the college, that the registrant has successfully completed the continuous professional learning requirements as required by the college;

(d) provides proof, satisfactory to the college, that the registrant's licence or registration in another jurisdiction has not been revoked, suspended or restricted or has conditions attached by reasons of disciplinary measures in another jurisdiction, where the registrant is currently, or was previously, licensed or registered in another jurisdiction;

(e) pays

(i) the annual registration renewal fee set by the board, and

(ii) any outstanding amounts that are owed to the college; and

(f) satisfies other renewal requirements that may be set out in the by-laws.

(2) Notwithstanding paragraph (1)(d), the college may renew the registration of a registrant whose licence or registration has been revoked, suspended or restricted or has conditions attached by reasons of disciplinary measures in another jurisdiction where

(a) the registrant provides details of any revocation or suspension of or restriction or conditions on the registrant’s licence or registration in another jurisdiction;

(b) the college is satisfied, after consideration of the details provided under paragraph (a), that the registrant is entitled to have the registrant's registration renewed; and

(3) Notwithstanding subsection (1) and (2), the college shall not renew the registration of a candidate planner where 7 or more years have elapsed between the date that the person first registered as a candidate planner and the date of the application for renewal, except where the college is satisfied that exceptional circumstances exist that justify renewal of the candidate planner's registration.

(4) Where a registrant fails to satisfy the renewal requirements in this section by December 31 in a year, the registrant's registration expires, and the registrar shall strike the person's name from the register.

Non-practising status

29. (1) A registrant who does not intend to engage in the practice of professional planning for a period may apply, in writing, to the registrar for non-practising status.

(2) The registrar may grant non-practising status to a registrant for a period not exceeding 2 years and shall identify the registrant as having non-practising status on the register.

(3) Where a registrant is granted non-practising status, the registrant's rights under section 25 or 26, as the case may be, cease for the period of the non-practising status.

(4) A registrant with non-practising status shall pay a non-practising fee set by the board but is not required to

(a) maintain professional liability insurance; or

(b) participate in continuous professional learning.

(5) Notwithstanding subsection (2), the registrar may extend a registrant's period of non-practising status beyond 2 years where the registrar is satisfied that exceptional circumstances exist that justify an extension.

(6) A registrant with non-practising status may, while the non-practising status is in effect, apply in writing to the registrar to be reinstated with practising status, and the registrant is entitled to be reinstated to practising status where the registrant

(a) pays any required fees; and

(b) provides proof, satisfactory to the college, that the registrant has obtained professional liability insurance coverage in a form and amount satisfactory to the college.

(7) Where a registrant with non-practising status does not apply to be reinstated with practising status before the end of the registrant's period of non-practising status, the registrant's registration expires, and the registrar shall strike the person's name from the register.

Cancellation or suspension of registration

30. (1) The college may cancel or suspend the registration of a registrant where the registrant

(a) has made a false or misleading statement in the application for registration or renewal of registration;

(b) ceases to satisfy a registration requirement in this Act, the regulations or the by-laws; or

(2) Where the college cancels a registration under subsection (1), the college shall

(a) provide written notice to the registrant; and

(b) direct the registrar to strike the person’s name from the register.

(3) Where the college suspends a registration under subsection (1), the college

(a) shall provide written notice to the registrant setting out the terms of the suspension; and

(b) may direct the registrar to identify the registrant as suspended on the register.

(4) The college shall cancel the registration of a registrant where requested by the registrant.

(5) Where the college cancels a registration under subsection (4), the college shall direct the registrar to strike the person’s name from the register.

Reinstatement of registration after expiry, cancellation or suspension

31. (1) The college may reinstate the registration of a person whose registration expired under subsection 28(4) or subsection 29(7) or was cancelled under section 30 where the person

(a) applies in a form and manner approved by the board;

(b) satisfies the requirements set out in

(i) paragraphs 28(1)(b) and (c), and

(ii) paragraph 28(1)(d) or subsection 28(2);

(i) the registration fee set by the board,

(ii) other required fees, which may include a late payment fee and a reinstatement fee, and

(iii) any outstanding amounts that are owed to the college; and

(d) satisfies other reinstatement requirements that may be set out in the by-laws.

(2) The college may reinstate the registration of a person whose registration was suspended under section 30 where the person satisfies the terms of the suspension to the satisfaction of the college.

(3) The college may impose terms, conditions and restrictions on a registration reinstated under this section.

Appeal

32. (1) A person whose application for registration, renewal of registration or reinstatement of registration was refused may appeal that decision to the board who may confirm the decision or direct the registrar to vary or reverse the decision.

(2) A person affected by a decision of the board under this section may, within 30 days after receipt of the decision, appeal the decision to the Supreme Court by filing a notice of appeal with the court.

Prohibition

33. (1) A person, other than a registered professional planner, shall not

(a) represent to be a registered professional planner, or act in a manner that expressly or otherwise may lead another person to believe that the person is a registered professional planner;

(b) use the title "registered professional planner" or the designation R.P.P.; or

(2) A person, other than a candidate planner, shall not

(a) represent to be a candidate planner, or act in a manner that expressly or otherwise may lead another person to believe that the person is a candidate planner; or

(b) use the title "candidate planner".

(3) A person shall not

(a) advertise, claim or imply that the person employs

(i) a registered professional planner unless the person employs a registered professional planner, or

(ii) a candidate planner unless the person employs a candidate planner; or

(b) enable an employee of the person who is not

(i) a registered professional planner to represent to be a registered professional planner or lead others to believe that the employee is a registered professional planner, or

(ii) a candidate planner to represent to be a candidate planner or lead others to believe that the employee is a candidate planner.

PART III
DISCIPLINE

Definitions

34. In this Part

(a) "adjudication tribunal" means the tribunal chosen from the members of the disciplinary panel in accordance with section 41;

(b) "allegation" means a document submitted by a complainant or the complainant's solicitor alleging that a registrant or former registrant has engaged in conduct deserving of sanction;

(d) "complaints authorization committee" means the committee appointed under section 35;

(e) "conduct deserving of sanction" includes

(i) professional misconduct,

(ii) unprofessional conduct,

(iii) professional incompetence,

(iv) conduct unbecoming a registrant,

(v) incapacity or unfitness to engage in the practice of professional planning, and

(vi) acting in breach of this Act, the regulations, the by-laws, the code of ethics or the professional code of conduct;

(f) "costs incurred by the college" includes

(i) out of pocket expenses incurred by or on behalf of the college,

(ii) amounts paid by the college to adjudication tribunal members as remuneration and for expenses, and

(iii) the actual cost of legal counsel for the college and the adjudication tribunal;

(g) "disciplinary panel" means the panel of persons appointed under section 36 from which the members of an adjudication tribunal are chosen; and

(h) "respondent" means a registrant or a former registrant against whom an allegation is made.

Complaints authorization committee

35. (1) The board shall appoint at least 3 persons who are directors, at least one of whom shall be an appointed director, to constitute a complaints authorization committee.

(2) The registrar is not eligible to be a member of the complaints authorization committee.

(3) The board shall appoint the chairperson and vice-chairperson of the complaints authorization committee from the persons appointed under subsection (1).

Disciplinary panel

36. (1) A disciplinary panel shall be appointed consisting of not less than

(a) 4 registered professional planners appointed by the board who are not directors; and

(b) 2 persons appointed by the minister to represent the public interest who are not registrants or directors.

(2) The board shall appoint one of the registered professional planners appointed under paragraph (1)(a) as the chairperson of the disciplinary panel.

(3) Of the members first appointed to the disciplinary panel, at least one half shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the disciplinary panel shall be for a term of 3 years.

(4) Where the term of office of a member of the disciplinary panel expires, the member continues to be a member of the disciplinary panel until reappointed or replaced.

(5) Persons appointed to the disciplinary panel may be reappointed.

(6) Members of the disciplinary panel shall serve on the panel without payment for their services but may be remunerated for service as a member of an adjudication tribunal and paid their travel and other expenses associated with the work of that adjudication tribunal by the college, in accordance with and at the rates set by the by-laws.

Power to compel evidence

37. The complaints authorization committee, an adjudication tribunal and a person appointed by either of them may summon witnesses and require those witnesses to give evidence, orally or in writing, upon oath or affirmation, and produce the documents and things that either of them considers necessary to the full investigation and hearing of an allegation or complaint and have the powers, privileges and immunities that are conferred on a commissioner appointed under the Public Inquiries Act, 2006.

Allegation

38. (1) An allegation shall be in writing and signed by the complainant or the complainant's solicitor and filed with the registrar.

(2) The registrar or the board may on the registrar's or the board's own motion make an allegation and file it, and the allegation has the same effect as an allegation referred to in subsection (1).

(3) Where the registrar has been informed that a registrant or a respondent has been convicted or found guilty of an offence under the provisions of the Criminal Code or a similar penal statute of another country or has been suspended by a governing body of registrants in another province or territory of Canada or another territory or country for reason of professional misconduct, unprofessional conduct, conduct unbecoming a registrant, professional incompetence or incapacity or unfitness to engage in the practice of professional planning, the information shall be dealt with by the registrar as an allegation.

(4) For the purpose of subsection (3), a certified copy of the record of a conviction or findings made or the action taken by an external regulatory body constitutes proof, in the absence of evidence to the contrary, of the conviction or findings made or the action taken by that body, without proof of the signature of the convicting justice or person purporting to have signed on behalf of that body.

Effect of filing allegation

39. (1) Where it appears to the registrar, after notifying the respondent of the allegation, that the allegation may be resolved satisfactorily and where the complainant and the respondent consent, the registrar may attempt to resolve the matter.

(2) Where the allegation is not satisfactorily resolved by the registrar under subsection (1), the registrar shall refer the allegation to the complaints authorization committee.

(3) The registrar shall inform the complainant and the respondent of the referral of the allegation to the complaints authorization committee.

Complaints authorization committee

40. (1) Where an allegation has been submitted to the complaints authorization committee, the committee may exercise one or more of the following powers:

(a) refer the allegation back to the registrar for

(i) an investigation, or

(ii) alternative dispute resolution in accordance with the regulations;

(b) conduct an investigation itself or appoint a person to conduct an investigation on its behalf; and

(2) Where the complaints authorization committee is of the opinion that there are no reasonable grounds to believe the respondent has engaged in conduct deserving of sanction, the complaints authorization committee shall dismiss the allegation and give notice in writing of the dismissal to the complainant and the respondent.

(3) Where the complaints authorization committee is of the opinion that there are reasonable grounds to believe that a respondent has engaged in conduct deserving of sanction, the allegation is considered to constitute a complaint, and the complaints authorization committee may

(a) counsel or caution the respondent;

(b) instruct the registrar to file the complaint against the respondent and refer it to the disciplinary panel; and

(4) Where the complaints authorization committee restricts or suspends the respondent's registration under subsection (3), the complaints authorization committee shall notify the registrar of the restriction or suspension and the registrar shall

(a) within 14 days of the restriction or suspension having been made, publish a notice of the restriction or suspension on the college's website; and

(b) advise at least 2 media outlets in or nearest to the community in which the respondent practises that the notice referred to in paragraph (a) has been published.

(5) A person conducting an investigation under subsection (1) may require

(a) a respondent to

(i) undergo an examination that the person considers necessary and as arranged by the registrar, and

(ii) permit the registrar or a member of the complaints authorization committee or a person appointed by the complaints authorization committee to inspect and copy the records of the respondent and other documents relating to the subject matter of the investigation; and

(b) another person to permit the registrar or a member of the complaints authorization committee or another person appointed by the complaints authorization committee to inspect and copy records and other documents relating to the subject matter of the investigation held by that person,

and the respondent or other person shall comply.

(6) Where the registrar, a member of the complaints authorization committee or a person appointed by the complaints authorization committee requests that a respondent or another person provide information under subsection (5), that information shall be provided within 7 days of receipt of the request, or a different period as specified in the request.

(7) An action for damages does not lie against a registrant or another person to whom a request is made solely because the registrant or other person provides information requested under subsection (5).

(8) A complainant whose allegation is dismissed by the complaints authorization committee under subsection (2) may, within 30 days after receiving notice of the dismissal, appeal the dismissal to the Supreme Court by filing a notice of appeal with the court.

(9) Subsections (5), (6) and (7) apply to the Crown.

Adjudication tribunal

41. (1) For the purpose of dealing with complaints referred to the disciplinary panel, the chairperson of the disciplinary panel shall appoint from it an adjudication tribunal consisting of 3 persons, of whom

(a) 2 shall be registered professional planners; and

(b) one shall be a member of the disciplinary panel appointed under paragraph 36(1)(b) to represent the public interest.

(2) The chairperson of the disciplinary panel shall appoint one of the members on an adjudication tribunal to be the chairperson.

(3) Where the term of office of a member of an adjudication tribunal expires and the member has commenced a hearing, the member continues to be a member until the hearing is concluded and a decision rendered.

Hearing

42. (1) Where a complaint has been referred under paragraph 40(3)(b), an adjudication tribunal shall hear the complaint.

(2) The parties to a hearing are the college and the respondent and a party may be represented by counsel at a hearing.

(3) A hearing shall be conducted in public but an adjudication tribunal may exclude the public from a hearing, or from part of it, where it considers that the desirability of protecting a party to the complaint or another person against the consequences of possible disclosure of personal matters outweighs the desirability of holding the hearing in public.

Copies of books, etc. as evidence

43. Where a copy or extract of a book, record, document or thing is certified by the person who made the copy or extract under subsection 40(5), the copy or extract is admissible in evidence in an action, proceeding or prosecution, in the absence of evidence to the contrary, as evidence of the original book, record, document or thing and its contents.

Guilty plea by respondent

44. (1) Where a respondent pleads guilty to one or more of the charges set out in a complaint, the adjudication tribunal shall, without calling evidence or hearing witnesses, unless the tribunal believes it is appropriate to do so, hear submissions from the parties.

(2) Where a respondent pleads guilty, and following submissions under subsection (1), the adjudication tribunal may

(a) reprimand the respondent;

(b) order that the respondent be suspended

(i) for a fixed period that it considers appropriate,

(ii) until conditions which it may impose are fulfilled, or

(iii) until further order of the adjudication tribunal;

(c) allow or direct the respondent to surrender the respondent's certificate of registration to the board upon those conditions that may be considered appropriate and direct the registrar to strike the respondent’s name from the register;

(d) impose a fine not to exceed $25,000 to be paid to the college;

(e) order that the respondent pay the costs or a part of the costs incurred by the college in the investigation and hearing of the complaint;

(f) order that the registrar publish a summary of the decision including the information set out in subsection 46(7) and other information that the tribunal may specify; and

(g) order that the respondent comply with one or more of the following:

(i) make restitution to the complainant or other person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or treatment until the respondent can demonstrate to the board, or other body or person designated by the adjudication tribunal, that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been overcome,

(v) engage in continuous professional learning,

(vi) complete a course of studies satisfactory to the board or another body or person designated by the adjudication tribunal,

(vii) report on the respondent's compliance with an order made under this section and authorize others involved with the respondent's treatment or supervision to report on it,

(viii) restrict the respondent's practice or continue the respondent's practice under specified conditions,

(ix) permit periodic inspection of records relating to the respondent's practice, or

(x) impose other requirements that are just and reasonable in the circumstances.

(3) The costs incurred by the college to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

Powers of adjudication tribunal

45. (1) Upon the hearing of a complaint, an adjudication tribunal shall decide whether or not a respondent is guilty of conduct deserving of sanction.

(2) Where an adjudication tribunal decides that a respondent is not guilty, it shall dismiss the complaint and may, where it believes that the submission of the complaint to the tribunal for a hearing was unreasonable,

(a) order that those costs that the tribunal considers appropriate be paid by the college to the respondent; and

(b) make another order that it considers appropriate.

(3) Where an adjudication tribunal decides that a respondent is guilty, it may

(a) reprimand the respondent;

(b) order that the respondent be suspended

(i) for a fixed period that it considers appropriate,

(ii) until conditions which it may impose are fulfilled, or

(iii) until further order of the adjudication tribunal;

(d) impose a fine not to exceed $25,000 to be paid to the college;

(e) order that the respondent pay the costs or a part of the costs incurred by the college in the investigation and hearing of the complaint;

(f) order that the registrar publish a summary of the decision including the information set out in subsection 46(7) and other information that the tribunal may specify; and

(g) order that the respondent comply with one or more of the following:

(i) make restitution to the complainant or other person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(v) engage in continuous professional learning,

(vi) complete a course of studies to the satisfaction of the board or other body or person designated by the adjudication tribunal,

(vii) report on the respondent's compliance with an order made under this section and authorize others involved with the respondent's treatment or supervision to report on it,

(viii) restrict the respondent's practice or continue the respondent's practice under specified conditions,

(ix) permit periodic inspection of records relating to the respondent's practice, or

(x) impose other requirements that are just and reasonable in the circumstances.

(4) The costs incurred by the college to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

Filing and publication of decisions

46. (1) An adjudication tribunal shall file a decision or order made under subsection 44(2) or 45(3) with the registrar and provide a copy to the complainant, the respondent, the respondent's employer and the minister.

(2) The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 5 years after the day the decision or order is filed and shall, upon receiving a request to view the disciplinary records in relation to a respondent, permit a person to view the summary prepared in accordance with subsection (7).

(3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period under section 53, where the decision or order

(a) suspends the respondent;

(b) allows or directs the surrender of the respondent's certificate of registration;

(d) specifies conditions for the continuing practice of the respondent; or

(e) requires that a summary of the decision or order be published.

(4) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall publish the summary of the decision or order on the college's website.

(5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall

(a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and

(b) arrange that the summary of the decision or order be kept on the website

(i) for a period of not less than 3 months, or

(ii) where one or more of the following apply, for a period not less than the period referred to in clause (A), (B) or (C), as applicable:

(A) where the respondent’s practice is restricted for a period greater than 3 months, the period of restriction,

(B) where the respondent is suspended for a period greater than 3 months, the period of suspension, or

(C) where conditions are imposed for the continuing practice of the respondent for a period greater than 3 months, the period during which conditions are imposed.

(6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish the summary of the decision or order in the board’s annual report or another publication approved by the board.

(7) Unless a court orders otherwise, the summary of a decision or order published under subsection (3) shall include

(a) the name of the respondent and the address where the respondent practises;

(b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction;

(d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and

(e) other information specified for publication in the decision or order.

(8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the registrar shall, within 14 days of the filing of the subsequent decision or order, publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes.

(9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the board may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent.

(10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published.

De-registration and suspension

47. (1) Where a respondent is allowed or directed to surrender the respondent's certificate of registration, the respondent's rights and privileges as a registrant cease.

(2) Where a respondent is suspended, the respondent's rights and privileges as a registrant cease for the period of suspension.

(3) Where conditions or restrictions have been imposed upon a respondent’s ability to carry on the respondent's practice, the respondent's rights and privileges as a registrant shall be limited to the extent specified by the conditions or restrictions.

Failure to comply

48. (1) On application by the college to the disciplinary panel, an adjudication tribunal may make an order suspending the rights and privileges of a respondent where it determines that the respondent has failed to comply with a decision or an order under this Part.

(2) The parties to the application are the college and the respondent.

(3) An order of an adjudication tribunal under this section may suspend the rights and privileges of the respondent

(a) for a fixed period that the adjudication tribunal may consider appropriate;

(b) until conditions which it may impose are fulfilled; or

Supplementary hearing

49. (1) Where a decision or order of the adjudication tribunal

(a) suspends the respondent;

(b) allows or directs the respondent to surrender the respondent’s certificate of registration;

(d) specifies conditions for the continuing practice of the respondent,

and where the respondent alleges that new evidence has become available or a material change in circumstances has occurred since the making of the decision or order, the respondent may apply to the complaints authorization committee for a supplementary hearing to discharge or vary the decision or order based on the new evidence or material change in circumstances.

(2) An application under subsection (1) shall be made not more than 90 days after the new evidence becomes available or the material change in circumstances has occurred.

(3) Where an application is made to the complaints authorization committee under subsection (1), and the committee is of the opinion that new evidence has become available or that a material change in circumstances has occurred, as alleged by a respondent, the matter shall be referred to the disciplinary panel as if it were a matter referred under paragraph 40(3)(b) and sections 42 to 47 apply, with the necessary changes, to the referred matter.

(4) The parties to a supplementary hearing under this section are the respondent and the college.

(5) For the purpose of this section, in addition to an order that an adjudication tribunal may make under section 45, an adjudication tribunal may

(a) vary the original decision or order made under section 45; or

(b) discharge the original decision or order, with or without conditions.

Time limits

50. The board, with the approval of the minister, may, by regulation, prescribe time limits for the purposes of this Part.

Costs of college

51. (1) Where a respondent who was ordered to pay the costs of the college under paragraph 44(2)(e) or 45(3)(e) fails to pay in the time required, the board may suspend the registration of that respondent until the costs are paid.

(2) Costs ordered by the adjudication tribunal under paragraph 44(2)(e) or 45(3)(e) are a debt due to the college and may be recovered by a civil action.

Collection of fine

52. (1) Where an order is made under section 44 or 45 imposing a fine on a respondent, the college may issue a certificate stating the amount of the fine due and remaining unpaid and the name of the person by whom it is payable and file the certificate with the Supreme Court.

(2) Where a certificate is filed with the Supreme Court under subsection (1), it has the same effect and all proceedings may be taken on the certificate as if it were a judgment of the Supreme Court for the recovery of the amount stated in the certificate against the person named in the certificate.

(3) A person named in a certificate filed under this section may, within 30 days after the certificate is filed, apply to a judge of the Supreme Court for a review, on a question of law or jurisdiction, of the certificate.

(4) On application under subsection (3), the judge may make any amendment to the certificate that is necessary to make the certificate accord with the judge's decision.

(5) There is no appeal from a decision of a judge made under this section.

(6) A certificate filed under this section may also be filed in the judgment enforcement registry on the expiration of the 30-day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act and be enforced in accordance with that Act.

Appeal to Supreme Court

53. (1) The college or the respondent may, within 30 days after receiving notice of the decision or order of an adjudication tribunal under this Act, appeal the decision or order to the Supreme Court by filing a notice of appeal with the court.

(2) An appeal under this section does not stay the decision or order being appealed unless the Supreme Court orders otherwise.

PART IV
GENERAL

Duty to report

54. (1) A registrant who has knowledge, from direct observation or objective evidence, of conduct deserving of sanction of another registrant shall report the known facts to the registrar.

(2) An action shall not be brought against a registrant for the sole reason that the registrant complied with this section.

Protection from liability

55. (1) An action for damages for an act, purported act or failure to act, for a proceeding initiated or carried out in good faith under this Act, for carrying out duties or obligations under this Act or any regulation or by-laws made under it or for a decision or order made or enforced in good faith under this Act, does not lie against

(a) the minister;

(b) the registrar or deputy registrar;

(d) an officer, employee or agent of the college or the board;

(e) a person or committee designated by the college or the board;

(f) the college;

(g) the board;

(h) the complaints authorization committee or a person appointed by the complaints authorization committee;

(i) the disciplinary panel or an adjudication tribunal; or

(j) the individual members of a body listed in this subsection.

(2) An action for defamation shall not be founded on the publication of a communication that consists of or pertains to an allegation or complaint where the communication is published in the course of investigating the allegation or complaint or in the course of proceedings under Part III.

Offence and penalty

56. (1) A person who contravenes this Act commits an offence and is liable on summary conviction to a fine not exceeding

(a) $5,000 for a first conviction; and

(b) $10,000 for a second or subsequent conviction.

(2) Notwithstanding subsection (1), where the board fails to comply with subsection 16(1), the board commits an offence and liable upon summary conviction to a fine of $1,000.

Regulations

57. (1) The board may, with the approval of the minister, make regulations

(a) prescribing functions and duties of the registrar;

(b) prescribing other requirements for the purposes of subparagraphs 20(1)(b)(iii) and 21(1)(b)(iii);

(c) respecting alternative dispute resolution for the purposes of subparagraph 40(1)(a)(ii) and the procedure for that resolution;

(d) prescribing time limits for the purposes of Part III, including time limits for

(i) the filing of an allegation,

(ii) the resolution of an allegation by the registrar,

(iii) the conduct of an investigation under section 40,

(iv) consideration of an allegation by the complaints authorization committee following completion of an investigation,

(v) responding to a complainant and respondent at each stage of the disciplinary process,

(vi) the appointment of an adjudication tribunal under section 41, and

(vii) the conduct of a hearing and the filing of a decision or order by an adjudication tribunal following completion of the hearing;

(e) defining a word or phrase used but not defined in this Act; and

(f) generally to give effect to the purpose of this Act.

(2) Notwithstanding section 50 and subsection (1), the minister may make regulations to prescribe time limits for the purposes of Part III where the board does not do so in a time period the minister considers reasonable.

PART V
TRANSITIONAL, CONSEQUENTIAL AND COMMENCEMENT

Transitional - board and by-laws

58. (1) The members of the executive committee of the Newfoundland and Labrador Association of Professional Planners immediately before the coming into force of this Act shall be members of the board until directors are elected and appointed in accordance with this Act.

(2) The by-laws of the Newfoundland and Labrador Association of Professional Planners in operation immediately before the coming into force of this Act continue, to the extent that they are not inconsistent with this Act or regulations under this Act, as the by-laws of the college until amended or repealed in the manner provided in subsection 19(3).

Transitional - registrants

59. (1) A person who, immediately before the coming into force of this Act, was a member of the Newfoundland and Labrador Association of Professional Planners and registered with the Atlantic Planners Institute with a Member of the Canadian Institute of Planners designation or a Fellow of the Canadian Institute of Planners designation shall be considered to be registered as a registered professional planner under section 20 on the coming into force of this Act.

(2) A person who, immediately before the coming into force of this Act, was a member of the Newfoundland and Labrador Association of Professional Planners and registered with the Atlantic Planners Institute with a Candidate Member designation shall be considered to be registered as a candidate planner under section 21 on the coming into force of this Act.

RSNL1990 cP-43 Amdt.

60. Schedule C of the Public Service Commission Act is amended by adding immediately before the statutory appointment reference "Royal Newfoundland Constabulary Act, 1992, subsection 29(1)" the statutory appointment reference "Registered Professional Planners Act, subsection 8(1) and paragraph 36(1)(b)".

SNL2000 cU-8 Amdt.

61. Subsection 13(1) of the Urban and Rural Planning Act, 2000 is amended by deleting the words "person who is a fellow or full member of the Canadian Institute of Planners" and substituting the words "registered professional planner as defined in the Registered Professional Planners Act".

Commencement

62. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.