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AR 120/2002 PROFESSIONAL BIOLOGISTS REGULATION

(Consolidated up to 285/2009)

ALBERTA REGULATION 120/2002

Professional and Occupational
Associations Registration Act

PROFESSIONAL BIOLOGISTS REGULATION

Table of Contents

                1       Definitions

                2       Registration Committee

                3       Registers

                4       Powers and duties of Registration Committee

                5       Review of application

                6       Certificate of registration

                7       Payment of fee

                8       Annual certificate

                9       Registration as professional biologist

              10       Registration as honorary member

              11       Registration as biologist‑in‑training

              12       Practice Review Committee

              13       Powers and duties of Practice Review Committee


              14       Reports and recommendations

              15       Discipline Committee

              16       Costs

              17       Cancellation and suspension

              18       Cancellation on request

              19       Non‑payment of fees, etc.

              20       Registration in error

              21       Use of title

              22       Transitional

              23       Repeal

Definitions

1   In this Regulation,

                                 (a)    “Act” means the Professional and Occupational Associations Registration Act;

                                 (b)    “Association” means the Alberta Society of Professional Biologists;

                                 (c)    “Association Registrar” means the Registrar of the Association appointed under the bylaws;

                                 (d)    “biological sciences” means the biological disciplines of Botany, Zoology, Environmental Biology and Microbiology, and includes all sub-disciplines of these biological disciplines;

                                 (e)    “biologist‑in‑training” means a person who holds a certificate of registration and an annual certificate as a biologist‑in‑training under this Regulation;

                                  (f)    “Board” means the Board of Directors of the Association established under the bylaws;

                                 (g)    “bylaws” means the bylaws of the Association;

                                 (h)    “competence” means the combined knowledge, skills, abilities and judgment required to provide professional biologist services;

                                  (i)    “Discipline Committee” means the Discipline Committee established pursuant to section 15;

                                  (j)    “honorary member” means a person who holds a certificate of registration and an annual certificate as an honorary member under this Regulation;

                                 (k)    “non‑regulated member” means a person whose name is entered in the register maintained under section 3(1)(d);

                                  (l)    “practice of biology” means

                                           (i)    inventorying, surveying, sampling, interpreting, reporting, evaluating and advising on activities related to biological sciences,

                                          (ii)    preparing, administering and implementing plans or programs for managing biological resources,

                                         (iii)    conducting research activities related to biological sciences, and

                                         (iv)    teaching biological sciences at a university, college or technical institute;

                                (m)    “Practice Review Committee” means the Practice Review Committee established pursuant to section 12;

                                 (n)    “professional biologist” means a person who holds a certificate of registration and an annual certificate as a professional biologist under this Regulation;

                                 (o)    “registered member” means a professional biologist, an honorary member or a biologist‑in‑training;

                                 (p)    “Registration Committee” means the Registration Committee established pursuant to section 2.

Registration Committee

2(1)  The Registration Committee is established consisting of at least 3 professional biologists, one of whom must be designated as chair.

(2)  The Registration Committee must be appointed by the Board in accordance with the bylaws.

(3)  The Registration Committee must meet at the call of the chair.

(4)  A quorum at a meeting of the Registration Committee is at least 3 of its members.

Registers

3(1)  The Association Registrar must maintain, in accordance with this Regulation and the bylaws, and subject to the direction of the Board,

                                 (a)    a register of professional biologists,

                                 (b)    a register of honorary members,

                                 (c)    a register of biologists‑in‑training, and

                                 (d)    a register of non-regulated members.

(2)  The Association Registrar must enter in the appropriate register

                                 (a)    the name of an individual who has paid the fee prescribed by the bylaws, and whose registration has been approved by the Registration Committee or the Board, and

                                 (b)    the business address of that individual.

Powers and duties of Registration Committee

4(1)  The Registration Committee must consider applications from persons to become registered members of the Association in accordance with this Regulation and the bylaws and may

                                 (a)    approve the registration,

                                 (b)    refuse to approve the registration, or

                                 (c)    defer approval until the applicant has satisfied the requirements under section 9.

(2)  The Association Registrar must send a written notice of any decision made by the Registration Committee to the applicant.

(3)  If the decision made by the Registration Committee is to refuse the registration of the applicant, written reasons for the decision, and notification of the appeal process, must be sent to the applicant.

Review of application

5(1)  An applicant whose application for registration is refused by the Registration Committee may, by notice in writing served on the Association Registrar within 30 days of receiving a notice of refusal and the reasons for it, appeal the refusal to the Board.

(2)  The notice of appeal must set out the reasons why, in the applicant’s opinion, the application for registration should be approved.

(3)  An applicant who appeals a decision of the Registration Committee under this section

                                 (a)    must be notified in writing by the Association Registrar of the date, place and time that the Board is to hear the appeal, and

                                 (b)    is entitled to appear with counsel and make representations to the Board when it hears the appeal.

(4)  A member of the Registration Committee who is also a member of the Board may participate in the appeal but shall not vote on a decision of the Board under this section.

(5)  On hearing an appeal under this section, the Board may make any decision the Registration Committee may make, and must  notify the applicant of its decision.

Certificate of registration

6   On entering the name of a professional biologist, honorary member or biologist‑in‑training in the appropriate register, the Association Registrar must issue a certificate of registration to that person.

Payment of fee

7(1)  A registered member must pay the annual fee prescribed by the bylaws to the Association Registrar or to any person authorized by the Association Registrar to accept payment of the fee.

(2)  A registered member who has not renewed the member’s annual registration in accordance with the bylaws must pay the late renewal fee prescribed by the bylaws to the Association Registrar or to any person authorized by the Association Registrar to accept payment of the fee.

Annual certificate

8(1)  The Association Registrar must issue an annual certificate in accordance with the bylaws to a person

                                 (a)    whose registration is not under suspension or cancelled, and

                                 (b)    who has paid the annual fee.

(2)  An annual certificate expires on the date prescribed in the bylaws.

Registration as professional biologist

9   An applicant who is of good character and reputation is entitled to be registered as a professional biologist if the applicant

                                 (a)    has at least 3 years of work experience acceptable to the Registration Committee and produces documentation satisfactory to the Committee showing that the applicant has obtained an undergraduate or graduate degree in biological sciences from an educational institute that is acceptable to the Committee,

                                 (b)    satisfies the Registration Committee that the applicant has a combination of education, training, experience, examinations and other qualifications that demonstrates the competence required for registration, or

                                 (c)    is registered in another Canadian jurisdiction as a member in good standing of a professional association that is recognized by the Board as being substantively equivalent to the Association.

AR 120/2002 s9;285/2009

Registration as honorary member

10   A person is entitled to be registered as an honorary member if

                                 (a)    the person has attained eminence through the person’s contributions to the practice of biology,

                                 (b)    the person has been nominated as an honorary member by at least 2 registered members of the Association, and

                                 (c)    the person’s nomination has been unanimously endorsed by the Board.

Registration as biologist‑in‑training

11   An applicant is entitled to be registered as a biologist‑in‑training if the applicant

                                 (a)    produces documentation satisfactory to the Registration Committee showing that the applicant has obtained an undergraduate or graduate degree in biological sciences from an educational institute that is acceptable to the Committee,

                                 (b)    satisfies the Registration Committee that the applicant has a combination of education, training, experience, examinations and other qualifications that demonstrates the competence required for registration, or

                                 (c)    is registered in another Canadian jurisdiction as a member in good standing of a professional association that is recognized by the Board as being substantively equivalent to the Association.

AR 120/2002 s11;285/2009

Practice Review Committee

12(1)  The Practice Review Committee is established consisting of at least 3 professional biologists, one of whom must be designated as chair.

(2)  The Practice Review Committee must be appointed by the Board in accordance with the bylaws.

(3)  The Practice Review Committee must meet at the call of the chair.

(4)  A quorum at a meeting of the Practice Review Committee is a majority of its members.

Powers and duties of Practice Review Committee

13   The Practice Review Committee must, at the request of the Board, inquire into and report to and advise the Board in respect of

                                 (a)    the assessment and development of educational standards and experience requirements that are conditions precedent to registration as a professional biologist,

                                 (b)    the evaluation of desirable standards of competence of professional biologists generally,

                                 (c)    any other matter that the Board from time to time considers necessary or appropriate in connection with the exercise of its powers and the performance of its duties in relation to competence in the practice of biology under this Regulation, and

                                 (d)    the practice of biology generally.

Reports and recommendations

14   After each inquiry under section 13, the Practice Review Committee

                                 (a)    must make a written report to the Board on the inquiry,

                                 (b)    may make recommendations to the Board regarding the matter inquired into, together with reasons for the recommendations,

                                 (c)    may make recommendations to a registered member as to that member’s conduct in the practice of biology, and

                                 (d)    must, if it is of the opinion that the conduct of a registered member constitutes or may constitute either unskilled practice of the profession or professional misconduct within the meaning of section 19 of the Act, forthwith refer the matter relating to that conduct to the chair of the Discipline Committee to be dealt with under Part 3 of the Act.

Discipline Committee

15(1)  The Discipline Committee is established consisting of

                                 (a)    one professional biologist who is a member of the Board, and

                                 (b)    3 other professional biologists who are not members of the Board, one of whom must be designated as chair.

(2)  The members of the Discipline Committee must be appointed by the Board in accordance with the bylaws.

(3)  The Discipline Committee must meet at the call of the chair.

(4)  A quorum at a meeting of the Discipline Committee is a majority of its members.

Costs

16(1)  The Discipline Committee, with respect to hearings before it, and the Board, with respect to reviews by it, may order the investigated person to pay the following costs:

                                 (a)    the fee payable to the counsel advising the Discipline Committee or Board at the hearing or review and the fee payable to the counsel acting in a prosecutory role at the hearing or review;

                                 (b)    the cost of recording the evidence and preparing transcripts;

                                 (c)    the expenses of the members constituting the Discipline Committee, including, without limitation, the daily allowances of those members;

                                 (d)    any other expenses incurred by the Association that are incidental to the hearing or review.

(2)  If the Board determines under section 22(3)(a) of the Act that a complaint is frivolous or vexatious, it may order the complainant to pay the following costs:

                                 (a)    the fee payable to the counsel advising the Board at any hearing held by the Board;

                                 (b)    any other expenses incurred by the Association that are incidental to any hearing held by the Board.

Cancellation and suspension

17(1)  The registration of a registered member is cancelled or suspended when the decision to cancel or suspend the registration is made in accordance with the Act or this Regulation.

(2)  The Association Registrar must enter a memorandum of the cancellation or suspension of the registration in the appropriate register indicating

                                 (a)    the date of the cancellation or suspension,

                                 (b)    the period of the suspension, and

                                 (c)    the nature of any finding under Part 3 of the Act.

(3)  If the registration of a registered member is cancelled, the person whose registration is cancelled must, on request, surrender to the Association Registrar all documents and materials relating to the registration.

Cancellation on request

18   The Association Registrar shall not cancel the registration of a registered member at the request of the registered member unless the request for cancellation is approved by the Board.

Non‑payment of fees, etc.

19(1)  The Board must direct the Association Registrar to suspend or cancel the registration of a registered member who is in default of payment of annual fees, penalties, costs or any other fees, dues or levies payable under the Act, this Regulation or the bylaws after the expiration of 30 days following the service on that person of a written notice by the Board unless that person complies with the notice.

(2)  The notice under subsection (1) must state that the Association Registrar will suspend or cancel the registration unless the fees, penalties, costs, dues or levies are paid as indicated in the notice.

Registration in error

20   The Board must direct the Association Registrar to cancel the registration of any person that is entered in error in a register.

Use of title

21   A professional biologist may use the title “Professional Biologist” and the abbreviations “P. Biol.” and “P Biol”.

Transitional

22(1)  In this section, “previous Regulation” means the Professional Biologists Regulation (AR 63/91).

(2)  The Association Registrar must enter in the register of professional biologists, honorary members, biologists‑in‑training or non-regulated members the name of a person who, on the coming into force of this Regulation, was registered as a professional biologist, an honorary member, a biologist‑in‑training or a non-regulated member, as the case may be, under the previous Regulation.

Repeal

23   The Professional Biologists Regulation (AR 63/91) is repealed.