Act BEFORE repealed by 2003-13-35, effective May 12, 2004 (BC Reg 199/2004).
Agrologists Act
[RSBC 1996] CHAPTER 12
Definitions
1 In this Act:
"agrologist" means a person registered as an agrologist under this Act;
"agrologist in training" means a person enrolled as an agrologist in training under this Act;
"agrology" means engaging in a professional capacity in advising on, investigating, experimenting in, teaching or demonstrating scientific principles and practices relating to any of the following:
(a) the cultivation, production, improvement, use or protection of agricultural plants;
"bylaw" means a bylaw made by the institute;
"council" means the council of the institute;
"councillor" means a member of the council;
"institute" means the British Columbia Institute of Agrologists;
"member" means a member of the institute;
"registrar" means the registrar of the institute;
"senate" means the Senate of The University of British Columbia.
Institute
2 (1) The British Columbia Institute of Agrologists is continued as a corporation.
(2) The institute consists of the persons who are members under this Act.
Membership
3 (1) A person is entitled to become a member on application and on payment of the fee, if
(a) the person
(i) was on May 31, 1947 a graduate in agriculture of The University of British Columbia or the holder of a university degree considered by the council to be the equivalent of a degree in agriculture of The University of British Columbia,
(ii) was practising agrology on April 3, 1947, and
(iii) in the opinion of the council, is qualified to practise agrology in British Columbia, or
(b) the person is a registered member of a professional agricultural body having qualifications for membership similar to those required by this Act.
(2) A person is eligible for membership in the institute
(a) if the person
(i) is a graduate in agriculture of The University of British Columbia or of a university or college approved for the purposes of this Act by the council, or is the holder of a degree that is considered by the council to be the equivalent of a degree in agriculture of The University of British Columbia,
(ii) after graduation has had training for 3 years as prescribed by bylaw or similar training or practical experience for 3 years, and
(iii) passes the examinations referred to in this Act, or
(b) if the person
(i) possesses, in the opinion of the council, qualifications that justify membership in the institute, and
(ii) passes the examinations referred to in this Act.
Agrologists in training
4 (1) A graduate in agriculture of The University of British Columbia or a holder of a university degree that is considered by the council to be the equivalent of a degree in agriculture of The University of British Columbia may apply to be enrolled as an agrologist in training and must comply with the bylaws.
(2) The term of training is 3 years.
Examination
5 (1) Application for admission to examination must be made in the form supplied by the registrar and must be filed with the registrar at least 2 weeks before the time set for the examination.
(2) An application must be accompanied by the examination fee and must contain the information concerning the applicant's education and course of study the council requires.
(3) The examination of candidates for admission to the institute is under the control of the senate.
(4) The senate may, in conjunction with the council, appoint a board of examiners to examine candidates and may establish the subjects of examination.
(5) Examinations of candidates for admission to the institute must be held at the times and places set by the council.
(6) The board of examiners must report the result of all examinations to the registrar not later than 21 days after the close of the examinations.
(7) A candidate may appeal to the council for reexamination of the candidate's examination papers.
Council
6 (1) The council is continued.
(2) The council consists of 11 councillors of whom
(a) 8 must be elected in the manner the bylaws provide,
(b) 2 must be appointed annually by the Lieutenant Governor in Council, and of those
(i) one must be a member of the Faculty of Agricultural Sciences of the University of British Columbia, and
(ii) the other is the Deputy Minister of Agriculture, Fisheries and Food, and
(c) one is the immediate past president.
(3) Retiring councillors are eligible for reelection or reappointment.
(4) Only members of the institute are eligible to vote for or become councillors.
(5) Elected councillors hold office for a term of 2 years or until their successors are elected, 4 of the councillors retiring each year.
President and vice president
7 (1) The councillors may elect a president and a vice president.
(2) Only councillors are eligible to be elected as president and vice president.
(3) The president and vice president must be elected annually and hold office until their successors are elected.
(4) The president presides at meetings of the council and of the institute.
(5) The vice president has the powers of the president during the president's absence.
Vacancies
8 (1) If an elected councillor resigns or dies, and if the annual meeting is not to be held within 3 months after the vacancy occurs, the other councillors may appoint a member of the institute to fill the vacancy.
(2) The term of office of a councillor appointed under this section terminates on the date the term of the person who resigned or died would have terminated.
(3) Whether or not there are vacancies, the council may act if there is a quorum.
Inquiry
9 (1) If there is a doubt or dispute about who has been elected a councillor or about the legality of the election of a member, the other duly elected councillors are a committee to hold an inquiry and decide the question.
(2) The committee may decide that the person is legally elected.
(3) If the election is found to have been illegal the committee may order a new election.
Officers, appointment, duties and remuneration
10 (1) The council must appoint a registrar and a secretary treasurer.
(2) The registrar and secretary treasurer must perform the duties assigned to them by this Act and any further duties the council requires.
(3) One person may be appointed both to the office of registrar and to the office of secretary treasurer.
(4) The council may appoint other officers and employees who are, in the opinion of the council, necessary for carrying out this Act.
(5) All officers hold office during the pleasure of the council and are officers of the council as well as officers of the institute.
(6) The council may determine the salaries or fees to be paid to officers and examiners appointed under this Act.
Meetings
11 (1) The meetings of the institute and of the council must be held at times and places set by the bylaws or by resolutions of the council respectively.
(2) Unless the bylaws provide otherwise, the president, or, if the president is absent, resigns or dies, the vice president, may call a meeting of the institute or the council by mailing a letter to each member of the institute or the council.
Absence
13 If the president and vice president are absent from a meeting, a member chosen by the members present may preside.
Majority
14 (1) All questions submitted to the institute or the council may be decided by a majority of the members present.
(2) The quorum for the institute is 15.
(3) The quorum for the council is 5.
Council fees
15 The councillors are entitled to be paid the fees for attendance and reasonable travelling expenses set by bylaw.
Power to hold property
16 The institute may acquire and dispose of property for the purpose of carrying into effect and promoting the objects of the institute.
Bylaws
17 (1) The institute may pass bylaws not inconsistent with this Act respecting one or more of the following:
(a) the election of the council;
(b) the conduct, discipline and honour of its members;
(c) the management of its property;
(d) the appointment and duties of officers and employees of the institute;
(e) the maintenance of the institute by levying and prescribing annual and other fees;
(f) the time, place and conduct of the annual and other meetings of the institute and meetings of the council;
(g) the admission of candidates to membership in the institute;
(h) the enrolment and training of and fees to be paid by agrologists in training;
(i) the formation of groups of members throughout British Columbia to be known as locals, and if advisable, the election of councillors by locals;
(j) the making of grants to locals and to any other association or institute of agrologists or of persons with similar qualifications;
(k) anything else considered necessary or convenient for the management or welfare of the institute.
(2) Within 7 days after the passing of a bylaw, the secretary treasurer must file a certified copy of the bylaw with the minister.
(3) At any time within one month after the minister receives the bylaw, the Lieutenant Governor in Council may disallow the bylaw.
(4) A bylaw disallowed under subsection (3) is void.
Register
18 (1) The registrar must keep a register listing the names and addresses of
(a) all members, and
(b) all persons who are enrolled as agrologists in training.
(2) The registrar must keep the register in accordance with this Act and the bylaws.
(3) The register must be open to inspection without charge at all reasonable times.
Certificate of membership
19 The registrar must issue to every member a certificate of membership in the form provided by bylaw.
Certificate of registration
20 (1) The registrar must issue an annual certificate of registration to all persons whose names have been entered in the register.
(2) The annual certificate must be issued in the form and manner provided by the bylaws.
(3) All certificates expire on April 30 but are renewable from year to year on payment of the fee.
(4) The registrar must issue a certificate of enrolment to all agrologists in training.
List of members
21 (1) Under the direction of the council, the registrar may publish an alphabetical list of
(a) the members and their addresses,
(b) all persons whose names are in the register, and
(c) all persons enrolled as agrologists in training.
(2) If the lists are not published yearly, the registrar must issue a yearly supplement.
List as evidence
22 (1) A list or supplement published or purporting to be published by the institute is evidence in all courts in British Columbia that the persons named are members or enrolled under this Act and, subject to this section, the absence of the name of a person from the list or supplement is evidence that the person is not registered or enrolled, as the case may be.
(2) A certificate of registration purporting to be signed by the registrar of the institute is evidence of the facts certified.
Members fees
23 (1) A member must pay the fees prescribed by the bylaws.
(2) The name of a person in default in payment of the annual fee must be removed from the register by order of the council after one month's notice by prepaid registered mail to the person and the person must not be reinstated except on payment of all arrears.
Complaint and investigations
24 (1) The council has jurisdiction to hear and determine a complaint made against a member of the institute for violation of this Act or of the bylaws or rules of professional ethics of the institute, or a complaint of improper conduct.
(2) On receipt of the complaint the council must set the time and place for a hearing.
(3) The council must give at least 7 days' notice of the hearing both to the member and to the complainant.
(4) The notice to the member must give particulars of the complaint.
(5) At the time and place set, the council must meet and hear the complaint and the evidence adduced.
(6) The hearing may be adjourned.
(7) If the complaint is found to be proved, the council may in its discretion reprimand, censure, suspend or expel the member.
(8) A quorum of the council may hear a complaint.
(9) A member suspended or expelled may be reinstated and all rights and privileges as a member restored in the manner and on the terms and conditions the council considers just.
(10) The testimony of witnesses must be taken under oath, which the presiding chair is authorized to administer, and there is a right to examine, cross examine and reexamine all witnesses called and to present evidence in support of the complaint, defence and reply.
(11) If the member whose conduct is the subject of complaint, though duly notified, does not attend, the council may proceed in the absence of the member and the member is not entitled to notice of future meetings or proceedings of the council.
(12) The council may make rules for regulating the making of complaints and the hearing and determination of matters of complaint.
Witnesses
25 A member against whom a complaint is made or the complainant or the council may obtain from the registrar of the Supreme Court a subpoena requiring the production of documents or attendance of a witness before the council at the hearing of a complaint.
Appeal
26 (1) A member who has been suspended or expelled or who feels aggrieved or affected by an order or decision of the council, may appeal from the order or decision to the Supreme Court within 6 months from the date of the suspension, expulsion, order or decision, or the publication or express notice.
(2) On hearing the appeal the court may make an order varying, confirming or reversing all or part of the order or decision of the council.
(3) An appeal under this section is to be similar to an appeal to the Supreme Court under the Offence Act.
(4) Costs of the appeal are in the discretion of the court.
Offence, penalty and recovery of fees
27 (1) A person who is not a member must not use the title of agrologist or an abbreviation of it.
(2) A person who contravenes this section commits an offence and is liable, on conviction, to a fine of not more than $100 for the first offence and not more than $200 for every subsequent offence.
(3) A person who contravenes this section is not entitled to recover any fee, reward or disbursement for services rendered as an agrologist.
Offence
28 (1) A person who wilfully registers or attempts to register under this Act by making or producing, or causing to be made or produced, a false or fraudulent representation or declaration, either verbally or in writing, and a person who knowingly aids and assists the person commits an offence under this Act.
(2) A person who commits an offence under subsection (1) is liable, on conviction, to a fine of not less than $50 and not more than $200.