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AR 52/2006 LOCAL GOVERNMENT MANAGERS REGULATION

(no amdt)

ALBERTA REGULATION 52/2006

Professional and Occupational
Associations Registration Act

LOCAL GOVERNMENT MANAGERS 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       Annual membership card

                9       Registration as certified local government manager

              10       Registration as associate member

              11       Registration as student member

              12       Practice Review Committee

              13       Powers and duties of Practice Review Committee

              14       Notice of review

              15       Reports and recommendations

              16       Discipline Committee

              17       Costs

              18       Cancellation and suspension

              19       Cancellation on request

              20       Non‑payment of fees, etc.

              21       Registration in error

              22       Use of titles

              23       Transitional

              24       Repeal

Definition

1   In this Regulation,

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

                                 (b)    “associate member” means a person who is registered and holds an annual membership card as an associate member under this Regulation;

                                 (c)    “Board” means the Board of Directors of the Society established under the bylaws;

                                 (d)    “certified local government manager” means a person who is registered and holds a certificate of registration and an annual membership card as a certified local government manager under this Regulation;

                                 (e)    “Discipline Committee” means the Discipline Committee established under section 16;

                                  (f)    “member” means a certified local government manager, an associate member and a student member;

                                 (g)    “practice of local government management” means the application of management and administrative skills for the purpose of assisting local government councils and boards in carrying out their legislated powers and duties;

                                 (h)    “Practice Review Committee” means the Practice Review Committee established under section 12;

                                  (i)    “Registration Committee” means the Registration Committee established under section 2;

                                  (j)    “Society” means the Society of Local Government Managers of Alberta;

                                 (k)    “Society Registrar” means the Registrar of the Society appointed by the Board;

                                  (l)    “student member” means a person who is registered and holds an annual membership card as a student under this Regulation.

Registration Committee

2(1)  The Registration Committee is established consisting of

                                 (a)    one certified local government manager who is a member of the Board, and

                                 (b)    3 other certified local government managers who are not members of the Board.

(2)  The Society Registrar is a non-voting member of the Registration Committee.

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

(4)  The Registration Committee shall meet at the call of its chair.

(5)  A quorum at a meeting of the Registration Committee is 3 voting members.

Registers

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

                                 (a)    a register of certified local government managers,

                                 (b)    a register of associate members, and

                                 (c)    a register of student members.

(2)  The Society Registrar shall enter in the appropriate register

                                 (a)    the name of an individual whose registration has been approved by the Registration Committee or by the Board on review of an individual’s appeal, as the case may be, and who has paid the fee prescribed by the bylaws, and

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

Powers and duties of Registration Committee

4(1)  The Registration Committee shall consider applications from persons to become members of the Society 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 done either or both of the following:

                                           (i)    passed examinations or completed coursework as required by the Registration Committee;

                                          (ii)    completed any further type and term of experience required by the Registration Committee.

(2)  The Registration Committee shall 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, it shall send written reasons for the decision 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 Society Registrar within 30 days of receiving a notice of refusal and the reasons for it, appeal the refusal to the Board, and the notice of appeal must set out the reasons why, in the applicant’s opinion, the application for registration should be approved.

(2)  An applicant who appeals a decision of the Registration Committee pursuant to subsection (1)

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

                                 (b)    is entitled to appear with or without counsel or an agent and make representations to the Board when it hears the appeal.

(3)  A member of the Registration Committee who is also a member of the Board may participate in the appeal under this section but shall not vote on a decision of the Board and shall not be counted for the purposes of a quorum.

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

Certificate of registration

6   On entering the name of a person in the appropriate register, the Society Registrar shall issue a certificate of registration to that person.

Payment of fees

7   A member shall pay the following fees, as prescribed in the bylaws, to the Society Registrar or to any person authorized by the Society Registrar to accept payment:

                                 (a)    the fee for registration;

                                 (b)    the fee for annual renewal of registration;

                                 (c)    where an application for renewal of registration is made after the date prescribed by the Board, the fee for late renewal of registration.

Annual membership card

8(1)  The Society Registrar shall issue an annual membership card in accordance with the bylaws to a member

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

                                 (b)    who has paid the annual fee, and

                                 (c)    who is otherwise in compliance with the Act, this Regulation and the bylaws.

(2)  An annual membership expires on the date prescribed in the bylaws unless it is renewed.

Registration as certified local government manager

9   An applicant is entitled to be registered as a certified local government manager if the applicant is of good character and reputation and meets the requirements of clause (a), (b) or (c):

                                 (a)    the applicant

                                           (i)    produces documentation satisfactory to the Registration Committee that shows that the applicant

                                                 (A)    has successfully completed the University of Alberta’s Local Government Certificate Program and Senior Executive Fellows Program or National Advanced Certificate in Local Authority Administration, Levels I and II, or

                                                  (B)    has obtained academic qualifications that are, in the opinion of the Registration Committee, substantially equivalent to those specified in paragraph (A),

                                             and

                                          (ii)    has at least 5 years of experience in the practice of local government management that is acceptable to the Registration Committee;

                                 (b)    the applicant is registered in good standing with a professional organization in a jurisdiction outside Alberta that is recognized by the Board as having competence and practice requirements that are substantially equivalent to those in Alberta;

                                 (c)    the applicant has a combination of education, practical experience or other qualifications that, in the opinion of the Registration Committee, are substantially equivalent to the requirements of clause (a)(i).

Registration as associate member

10   An applicant is entitled to be registered as an associate member if the applicant is of good character and reputation, meets the requirements of clause (a), (b) or (c) and is actively working towards completion of the Senior Executive Fellows Program or National Advanced Certificate in Local Authority Administration, Level II:

                                 (a)    the applicant has successfully completed the University of Alberta’s Local Government Certificate Program or National Advanced Certificate in Local Authority Administration, Level I;

                                 (b)    the applicant is a certified management accountant, a certified general accountant or a chartered accountant;

                                 (c)    the applicant has a post-secondary degree, diploma or certificate in business administration, public administration or local government administration that is acceptable to the Registration Committee.

Registration as student member

11   An applicant is entitled to be registered as a student member if the applicant is of good character and reputation, is enrolled in a program of local government studies acceptable to the Registration Committee and is actively working towards completion of the University of Alberta’s Local Government Certificate Program or National Advanced Certificate in Local Authority Administration, Level I.

Practice Review Committee

12(1)  The Practice Review Committee is established consisting of

                                 (a)    one certified local government manager who is a member of the Board, and

                                 (b)    3 other certified local government managers who are not members of the Board.

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

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

(4)  A quorum at a meeting of the Practice Review Committee is 3 members.

Powers and duties of Practice Review Committee

13(1)  The Practice Review Committee

                                 (a)    may, on its own initiative, or must, at the request of the Board, inquire into and report to and advise the Board in respect of

                                           (i)    the assessment of educational qualifications and work experience requirements that are conditions precedent to registration as a certified local government manager,

                                          (ii)    the assessment and development of continuing education programs for upgrading and enrichment of certified local government managers,

                                         (iii)    the evaluation of desirable standards of competence of certified local government managers,

                                         (iv)    the practice of local government management generally, and

                                          (v)    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 local government management under this Regulation,

                                     and

                                 (b)    may, with the approval of the Board, conduct a review of the practice of a certified local government manager.

(2)  A certified local government manager whose practice is being reviewed may be represented by an agent or counsel.

Notice of review

14   The Practice Review Committee shall give reasonable notice to a member of its intention to conduct a review of the practice of the member.

Reports and recommendations

15(1)  After each inquiry or review under section 13, the Practice Review Committee

                                 (a)    shall make a written report to the Board on the inquiry or review,

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

                                 (c)    may make recommendations to a member as to that member’s conduct in the practice of local government management.

(2)  The Practice Review Committee may at any time during an inquiry or review under section 13 refer any matter to the chair of the Discipline Committee to be dealt with under Part 3 of the Act, and the Discipline Committee shall deal with it as if it were a complaint.

Discipline Committee

16(1)  The Discipline Committee is established consisting of

                                 (a)    one certified local government manager who is a member of the Board, and

                                 (b)    3 other certified local government managers who are not members of the Board.

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

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

(4)  A quorum at a meeting of the Discipline Committee is 3 members.

Costs

17(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 lawyer advising the Discipline Committee or Board at the hearing or review and the fee payable to the lawyer 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 per diem allowances of those members;

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

(2)  Where the Board determines under section 22(3) 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 lawyer advising the Board at any hearing held by the Board;

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

Cancellation and suspension

18(1)  The registration of a 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 Society Registrar shall 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 is cancelled, the person whose registration is cancelled shall, on request, surrender to the Society Registrar all documents relating to the registration.

Cancellation on request

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

Non‑payment of fees, etc.

20(1)  The Board shall direct the Society Registrar to suspend or cancel the registration of a 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 the member complies with the notice.

(2)  The notice referred to in subsection (1) must state that the Society 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

21   The Board shall direct the Society Registrar to cancel the registration of any person that is entered in error in a register.

Use of titles

22   A certified local government manager may use the title “Certified Local Government Manager” and the abbreviations “CLGM” and “C.L.G.M.”.

Transitional

23(1)  In this section, “previous Regulation” means the Local Government Managers Regulation (AR 62/91).

(2)  The Society Registrar must enter in the register of certified local government managers, associate members or student members the name of a person who, on the coming into force of this Regulation, was registered as a certified local government manager, an associate member or a student member, as the case may be, under the previous Regulation.

Repeal

24   The Local Government Managers Regulation (AR 62/91) is repealed.