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AR 37/2004 SCHOOL BUSINESS OFFICIALS REGULATION

(no amdt)

ALBERTA REGULATION 37/2004

Professional and Occupational
Associations Registration Act

SCHOOL BUSINESS OFFICIALS 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 fees

                8       Eligibility for registration


                9       Renewal of registration

              10       Practice Review Committee

              11       Powers and duties of Practice Review Committee

              12       Notice

              13       Reports and recommendations

              14       Discipline Committee

              15       Costs

              16       Cancellation and suspension

              17       Cancellation on request

              18       Non-payment of fees, etc.

              19       Registration in error

              20       Use of title

              21       Transitional

              22       Repeal

Definitions

1   In this Regulation,

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

                                 (b)    “Association” means the Association of School Business Officials of Alberta;

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

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

                                 (e)    “certified school business official” means a person whose name is entered in the register of certified school business officials;

                                  (f)    “Discipline Committee” means the Discipline Committee established pursuant to section 14;

                                 (g)    “Executive” means the Executive of the Association established under the bylaws;

                                 (h)    “fellow certified school business official” means a person whose name is entered in the register of fellow certified school business officials;

                                  (i)    “honorary member” means a person whose name is entered in the register of honorary members;

                                  (j)    “life member” means a person whose name is entered in the register of life members;

                                 (k)    “Practice Review Committee” means the Practice Review Committee established pursuant to section 10;

                                  (l)    “Registration Committee” means the Registration Committee established pursuant to section 2;

                                (m)    “regular member” means a person whose name is entered in the register of regular members;

                                 (n)    “regulated member” means a certified school business official or a fellow certified school business official;

                                 (o)    “school business administration” means the provision of corporate and business services to public or separate school boards.

Registration Committee

2(1)  The Registration Committee is established consisting of

                                 (a)    one certified school business official who is a member of the Executive, and

                                 (b)    at least 2 other certified school business officials who are not members of the Executive, one of whom must be appointed as chair.

(2)  The members of the Registration Committee must be appointed by the Executive 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 a majority of the members appointed.

Registers

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

                                 (a)    a register of certified school business officials,

                                 (b)    a register of fellow certified school business officials,

                                 (c)    a register of regular members,

                                 (d)    a register of life members, and

                                 (e)    a register of honorary 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 Executive or the Registration Committee, and

                                 (b)    the business address, if any, of that individual.

Powers and duties of Registration Committee

4(1)  The Registration Committee must consider applications from persons to be registered as certified school business officials in accordance with this Regulation and may

                                 (a)    approve the registration,

                                 (b)    refuse to approve the registration, or

                                 (c)    defer approval until the applicant has satisfied the requirements of section 8.

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

Review of application

5(1)  An applicant whose application for registration under section 4 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 Executive.

(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 Executive is to hear the appeal, and

                                 (b)    is entitled to appear with counsel or an agent and make representations to the Executive when it hears the appeal.

(4)  A member of the Registration Committee who is also a member of the Executive may participate in the appeal but may not vote on a decision of the Executive or be counted for the purposes of a quorum at a meeting of the Executive under this section.

(5)  On hearing an appeal under this section, the Executive may make any decision the Registration Committee may make, and must give written notice of its decision to the applicant.

Certificate of registration

6   On entering the name of a person in the register of certified school business officials or fellow certified school business officials, as the case may be, the Association Registrar must issue a certificate of registration to that person.

Payment of fees

7(1)  A regulated 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 regulated member who applies for renewal of registration after the annual renewal date prescribed by the Executive 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.

Eligibility for registration

8(1)  An applicant is eligible to be registered as a certified school business official

                                 (a)    if the applicant

                                           (i)    is a regular member,

                                          (ii)    is of good character and reputation,

                                         (iii)    meets any one of the following requirements:

                                                 (A)    the applicant has acquired a Diploma in Business Administration from either the Northern Alberta Institute of Technology or the Southern Alberta Institute of Technology;

                                                  (B)    the applicant is eligible to write the Certified Management Accountants of Alberta Entrance Examination;

                                                  (C)    the applicant has acquired the Local Government Studies Certificate from the University of Alberta prior to 2004;

                                                  (D)    the applicant has completed a program of studies that in the Registration Committee’s opinion is substantively equivalent to the requirements described in paragraphs (A), (B) or (C),

                                         (iv)    has at least 3 years of experience satisfactory to the Registration Committee in the practice of school administration in Canada, and

                                          (v)    has successfully completed a school law and school administration course recognized by the Executive,

                                 (b)    if the applicant is registered in good standing with a profession in another jurisdiction that is recognized by the Executive as having substantively equivalent competence and practice requirements, or

                                 (c)    if the applicant has a combination of education, practice requirements, examinations and other requirements that in the opinion of the Registration Committee demonstrates the competence required for registration.

(2)  The Association Registrar must register as a fellow certified school business official a certified school business official who has contributed outstanding service in the practice of school business administration and whose nomination is approved by the Executive.

(3)  The Association Registrar must, with the approval of the Executive, register as a regular member an applicant who is employed in the practice of school business administration by a school board in Alberta or the Northwest Territories. 

(4)  The Association Registrar must register as a life member a person

                                 (a)    who has been actively involved in the practice of school business administration for at least 10 years,

                                 (b)    who has rendered distinguished service to the Association, but is retired or has resigned from the practice of school business administration, and

                                 (c)    whose nomination is approved by the Executive. 

(5)  The Association Registrar must register as an honorary member a person who

                                 (a)    is not actively involved in the practice of school business administration,

                                 (b)    has rendered distinguished service to the Association, and

                                 (c)    has been nominated for registration as an honorary member by the Executive and whose nomination has been approved by a majority of members of the Association voting at an annual meeting of the Association.

Renewal of registration

9(1)  A regulated member who applies for an annual  renewal of registration is entitled to have the registration renewed if the applicant provides evidence that in the 3 years immediately preceding the application for an annual renewal of registration the applicant has completed at least 100 hours of continuing education or professional development activities acceptable to the Registration Committee in the practice of school business administration.

(2)  Notwithstanding subsection (1), if a regulated member who applies for an annual renewal of registration does not meet the requirements described in subsection (1), the Registration Committee may renew the person’s registration subject to any conditions that the Registration Committee considers appropriate with respect to completing those requirements.

Practice Review Committee

10(1)   The Practice Review Committee is established consisting of

                                 (a)    one certified school business official who is a member of the Executive, and

                                 (b)    at least 2 certified school business officials who are not members of the Executive, one of whom must be appointed as chair.

(2)  The members of the Practice Review Committee must be appointed by the Executive 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 the members appointed.

Powers and duties of Practice Review Committee

11   The Practice Review Committee may, on its own initiative, and must, at the request of the Executive, inquire into, report to and advise the Executive in respect of

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

                                 (b)    the evaluation of desirable standards of competence of regulated members generally,

                                 (c)    any other matter that the Executive 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 school business administration generally under this Regulation, and

                                 (d)    the practice of school business administration generally.

Notice

12   The Practice Review Committee must give reasonable notice to a regulated member of its intention to conduct a review of the practice of the regulated member.

Reports and recommendations

13   After each inquiry or review under section 11, the Practice Review Committee

                                 (a)    must make a written report to the Executive on the inquiry or review and, where appropriate, on its decision,

                                 (b)    may make recommendations to the Executive regarding the matter inquired into or reviewed, together with reasons,

                                 (c)    may make recommendations to a regulated member as to that person’s conduct in the practice assessment, and

                                 (d)    must, if it is of the opinion that the conduct of a regulated 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

14(1)  The Discipline Committee is established consisting of

                                 (a)    one certified school business official who is a member of the Executive, and

                                 (b)    at least 2 certified school business officials who are not members of the Executive, one of whom must be appointed as chair.

(2)  The members of the Discipline Committee must be appointed by the Executive 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 the members appointed.

Costs

15   The Discipline Committee, with respect to hearings before it, and the Executive, 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 Executive 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.

Cancellation and suspension

16(1)  The registration of a regulated member of the Association 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 member of the Association is cancelled, the person whose registration is cancelled must, on request, surrender to the Association Registrar all documents relating to the registration.

Cancellation on request

17   The Association Registrar must not cancel the registration of a regulated member at the request of the regulated member unless the request for cancellation is approved by the Executive.

Non‑payment of fees, etc.

18(1)  The Executive must direct the Association Registrar to cancel or suspend the registration of a regulated member of the Association 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 Executive, unless that person complies with the notice.

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

Registration in error

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

Use of title

20(1)  A certified school business official may use the title “Certified School Business Official” and the abbreviations “C.S.B.O.” and “CSBO”.

(2)  A fellow certified school business official may use the title “Fellow Certified School Business Official” and the abbreviations “F.C.S.B.O.” and “FCSBO”.

Transitional

21(1)  In this section, “previous Regulation” means the School Business Officials Regulation (AR 149/93).

(2)  The Association Registrar must enter in the register of certified school business officials, fellow certified school business officials, regular members, life members or honorary members, the name of a person who, on the coming into force of this Regulation, was registered as a certified school business official, fellow certified school business official, regular member, life member or honorary member, as the case may be, under the previous Regulation.

Repeal

22   The School Business Officials Regulation (AR 149/93) is repealed.