Interior Designers Regulations
made under Section 43 of the
Interior Designers Act
S.N.S. 2003, c. 6
O.I.C. 2004-405 (effective October 20, 2004), N.S. Reg. 215/2004
amended to O.I.C. 2024-18 (effective January 16, 2024), N.S. Reg. 3/2024
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
Membership classes
Membership duration and qualifications
Membership Director to determine whether applicant qualifies
Membership application
Decision regarding application
Appeal of decision of Membership Director
Setting down hearing for appeal
Registrar to enter in Register
Persons to hear appeal and appeal final
Registered member
Exceptions to Registered Class membership criteria
Registered Class membership entitlements
Intern member
Exceptions to Intern Class membership criteria
Time limits pertaining to NCIDQ qualification examination
Intern Class membership entitlements
Inactive member
Inactive Class membership entitlements
Inactive Class membership limited to 5 years
Allied member
Allied Class membership entitlements
Non-resident Registered member
Certificate of Non-resident registration
Non-resident Class membership entitlements
Student member
Student member ceases to be member upon graduation
Student Class membership entitlements
Retired member
Retired Class membership entitlements
Application for previous class of membership
Honorary member
Honorary Class membership entitlements
Fellow member
Fellow Class membership entitlements
Mandatory liability insurance
Liability insurance for government employees
Discipline of members
Composition of complaints committee
Complaints committee procedure
Decisions of complaints committee
Notification of decision and referral to hearing committee
Composition of hearing committee
Parties to hearing proceedings
Hearing open to public
Rights of member subject to complaint
Oral evidence recorded
Hearing committee may make findings of fact and orders
Hearing committee fine amount
Board and committees may set procedures
Confidentiality of disciplinary proceeding records
Certificate as prima facie proof
Citation
1 These regulations may be cited as the Interior Designers Regulations.
Definitions
2 (1) In these regulations
(a) “Act” means the Interior Designers Act;
(b) “APENS” means the Association of Professional Engineers of Nova Scotia;
(c) “ASID” means the American Society of Interior Designers;
(d) “by-laws” mean the by-laws of the Association made under Section 41 of
the Act;
(e) “competency hours standard” means a minimum of 1000 hours of
qualifying practice experience or qualifying intern experience within the
previous 5 years or a minimum of 500 hours of qualifying practice
experience or qualifying intern experience within the previous 12 months;
(f) “CEU credit” means credit for successful completion of a period of study,
lectures or other educational programming in interior design that is
accredited for continuing education purposes in accordance with the by-laws;
(g) “education qualification” means successful completion of
(i) an education program in interior design of not less than 3 academic
years in duration that is accredited by FIDER, or
(ii) prior to December 31, 2007, a full-time education program in interior
design of not less than 3 academic years in duration that is not
accredited by FIDER but is approved by the Board as an appropriate
program;
(h) “examination qualification” means achievement of a passing grade in all
parts of the NCIDQ qualification examination;
(i) “exercising independent professional judgment” means rendering services
for which the sole compensation is payment of a disclosed fee or
remuneration and which is free of financial interest in the supply of goods
that may be recommended by rendering such services, and for the purposes
of this definition, any person employed by or under contract for services
with the supplier of goods or with a person associated or affiliated with a
supplier is considered to have a financial interest in the supply of the goods;
(j) “FIDER” means the Foundation for Interior Design Education Research;
(k) “full-time equivalent year” means engaged in an activity for an average of
not fewer than 35 hours per week for one year, excluding vacation;
(l) “IDC” means the Interior Designers of Canada;
(m) “NCIDQ” means the National Council for Interior Design Qualification;
(n) “NSAA” means the Nova Scotia Association of Architects;
(o) “qualifying intern experience” means the number of hours engaged in the
practice of interior design while exercising independent professional
judgment,
(i) after the coming into force of the Act and these regulations, by
(A) an Intern member under the supervision of
(I) a Registered member, or
(II) a registered member of NSAA,
in accordance with the monitoring and evaluation requirements
set out in the by-laws, or
(B) a person who is not a permanent resident of the Province, under
the supervision of
(I) an interior designer who meets the requirements of clause
24(1)(a), or
(II) a licensed architect with equivalent qualifications to those
of a registered member of NSAA, and
(ii) before the coming into force of the Act and these regulations, by
(A) a person under the supervision of
(I) an interior designer who had the qualifications set out in
clauses 12(1)(a) and 12(1)(b), or
(II) a registered member of NSAA, or
(B) a person who is not a permanent resident of the Province, under
the supervision of
(I) an interior designer with the qualifications described in
clause 24(1)(a), or
(II) a licensed architect with equivalent qualifications to those
of a registered member of NSAA,
but does not include hours engaged in the practice of interior design by a
person before that person has satisfied the education qualification or the
equivalent of the education qualification for a non-resident under clause
24(1)(a); and
(p) “qualifying practice experience” means the number of hours engaged in the
practice of interior design while exercising independent professional
judgment,
(i) after the coming into force of the Act and these regulations, by
(A) a Registered member in accordance with the Act and these
regulations, or
(B) a person who is not a permanent resident of the Province and
who is an interior designer who meets the requirements of
clause 24(1)(a), and
(ii) before the coming into force of the Act and these regulations, by
(A) a person who, at the time of performing the services, met the
requirements of clauses 12(1)(a) and 12(1)(b), or
(B) a person who is not a permanent resident of the Province and
who, at the time of performing the services, met the
requirements of clause 24(1)(a).
(2) In the Act and these regulations
(a) “conduct unbecoming an interior designer” means acts or omissions outside
the practice of interior design but which nevertheless negatively reflect upon
the profession of interior design as a whole and upon the interior designer’s
suitability to be a member;
(b) “professional incompetence” means the lack of ability to integrate and apply
the knowledge, skills and judgment when engaged in the practice of interior
design that, having regard to all the circumstances, is required to practise
safely and ethically in a given practice setting;
(c) “professional misconduct” means conduct or acts relevant to the practice of
interior design that, having regard to all the circumstances, would be
reasonably regarded by members of the Association as disgraceful,
dishonourable or unprofessional, and, without limiting the generality of the
foregoing, may include
(i) contravention of the Act or the regulations,
(ii) failing to maintain any standards of professional conduct,
(iii) failing to uphold the code of ethics adopted by the Association,
(iv) knowingly contravening the Building Code Act or regulations made under
that Act,
(v) knowingly contravening any federal, provincial or municipal law, regulation
or by-law relating to the construction of and non-structural alterations to the
interior area of a structure designed for human habitation, and
(vi) failing to reply to any letter received from the Registrar, complaints
committee or hearing committee related to the professional conduct or
competence of a member.
Membership classes
3 The members of the Association are those persons who are entered on the Register of the
Association in any one or more of the following classes:
(a) Registered Class;
(b) Intern Class;
(c) Inactive Class;
(d) Allied Class;
(e) Non-Resident Registered Class;
(f) Student Class;
(g) Retired Class;
(h) Honorary Class; and
(i) Fellow Class.
Membership duration and qualifications
4 (1) Membership granted in any year expires on December 31 of that year.
(2) Each applicant must satisfy the qualifications and requirements of the membership
class to which membership is being sought regardless of whether the application is
for membership or renewal of membership.
Membership Director to determine whether applicant qualifies
5 The Board member holding the position of Membership Director must determine
whether an applicant for membership meets the criteria for the class of membership
sought.
Membership application
6 A person who applies for registration in any class other than Honorary Class must
(a) submit to the Registrar a completed application on a form prescribed by the
Board together with all supporting documents;
(b) satisfy the Registrar that the applicant is the person named in any diploma or
documentation submitted in support of the application;
(c) provide any additional information and proof that the Registrar requests to
determine that the person satisfies all conditions prescribed for the class of
membership sought;
(d) proof of the insurance coverage required by Section 37, and [sic]
(e) pay the prescribed fee.
Decision regarding application
7 (1) If a person applies to be registered as a member of the Association and it appears
to the Registrar that the applicant
(a) meets all requirements for registration in a class of membership as are set
out in the regulations; and
(b) has satisfied the requirements of Section 6,
the Registrar must refer the application and all supporting documentation to the
Membership Director, who must make a decision and deliver a notice stating their
decision and the reasons for the decision to the Registrar within 30 days after the
date of the application.
(2) For the purposes of these regulations, the date of application is the later of
(a) the date that the completed application form is received by the Registrar;
(b) the date that payment of the prescribed fees is made to the Registrar; and
(c) the date that all required documents, information and proof are delivered to
the Registrar.
(3) The Registrar must promptly deliver a copy of the decision to the applicant.
(4) The Registrar must enter into the Register the name and class of membership of
the applicant upon receipt of a decision of the Membership Director approving the
application.
Appeal of decision of Membership Director
8 A person affected by a decision of the Membership Director with respect to their
registration may appeal, in writing, to the Board within 30 days after the date that the
person receives the decision and the Board may reconsider the decision of the
Membership Director and may
(a) direct the Registrar to enter the applicant’s name in the Register under the
class of membership as determined by the Board;
(b) adjourn further consideration of the application pending completion by the
applicant of an educational program or qualifying intern experience or
provision of other information identified by the Board as required for a
successful application; or
(c) direct the Registrar to refuse the registration of the applicant if the Board is
not satisfied that the applicant meets the criteria for the class of membership
sought.
Setting down hearing for appeal
9 Upon receipt of an appeal under Section 8, the Board must
(a) set a date for the hearing of the appeal to be held not later than 60 days after
the date that the Board receives the written notice of the appeal;
(b) serve written notice of the date, time and place for the hearing of the appeal
upon the applicant; and
(c) advise the applicant of their right to appear before the Board and to be
represented by counsel at the expense of the applicant.
Registrar to enter in Register
10 The Registrar must enter into the Register the name and class of membership of an
applicant in accordance with any direction of the Board under Section 8.
Persons to hear appeal and appeal final
11 (1) The Membership Director and any other member of the Board who has taken part
in any consideration of the subject matter with the Membership Director must not
hear an appeal under Section 8.
(2) The Board’s decision in any appeal under Section 8 is final and binding and is not
subject to any further appeal.
Registered member
12 (1) A person may be entered or renewed in the Register in the Registered Class of
membership if the person
(a) satisfies the education qualification and the examination qualification or was
a registered member under the former Act in good standing at any time
between February 25, 1994, and the date the Act came into force;
(b) has completed a sufficient number of full-time equivalent years of
qualifying intern experience, not being fewer than 3 years, that, when added
to the number of academic years duration of that person’s education
qualification, exceeds a total of 7 years;
(c) has completed the minimum number of CEU credits required under the by-laws;
(d) has qualifying practice experience and qualifying intern experience for a
total of not less than the competency hours standard;
(e) is of good character and adheres to the code of ethics and standards of the
Association;
(f) is in good standing with respect to the payment of membership fees and
other fees prescribed by the Association;
(g) is covered by professional liability insurance as required by Section 37; and
(h) is a permanent resident of the Province, or is temporarily resident outside
the Province and was a permanent resident of the Province within 5 years of
the date of their application or renewal.
(2) A person who is entered in the Register in the Registered Class is a Registered
member.
Exceptions to Registered Class membership criteria
13 If an applicant for the Registered Class of membership meets all of the requirements of
Section 12 except that the applicant ceased to satisfy clause 12(1)(d)
(a) more than 5 years before the application, but did satisfy clause 12(1)(d)
fewer than 10 years before the application, the applicant may be registered
as a Registered member if the applicant in the 12 months immediately
preceding the date of application completed 1/10 of 1 CEU credit for each
month since the applicant ceased to satisfy clause 12(1)(d), to a maximum
of 3 CEU credits; or
(b) more than 10 years before the application, the applicant may not be
registered as a Registered member unless the applicant rewrites and
successfully completes the NCIDQ qualification examination.
Registered Class membership entitlements
14 A Registered member is entitled to
(a) receive notice of and attend general meetings of the Association;
(b) serve on committees and hold an office in the Association;
(c) receive notice of special events and such other information as the directors
may decide to send to members generally from time to time;
(d) be nominated as director or officer or both;
(e) vote at general meetings of the Association; and
(f) use the seal issued to the member under Section 30 of the Act in accordance
with Sections 18 and 31 of the Act and with the by-laws.
Intern member
15 (1) A person may be entered or renewed in the Register in the Intern Class of
membership if the person
(a) is engaged in the practice of interior design under the supervision of a
Registered member or a registered member of NSAA;
(b) satisfies the education qualification;
(c) satisfies the examination qualification or undertakes, in writing, to
(i) apply for and commence writing the NCIDQ qualification
examination within 12 months of the time when the person’s
qualifying intern experience meets the requirements of clause
12(1)(b), and
(ii) satisfy the examination qualification within 5 years of having been
accepted by NCIDQ to write the NCIDQ qualification examination;
(d) is in good standing with respect to the payment of membership fees and
other fees prescribed by the Association; and
(e) is of good character and adheres to the code of ethics and standards of the
Association.
(2) A person who is entered in the Register in the Intern Class is an Intern member.
Exceptions to Intern Class membership criteria
16 (1) Despite clause 15(1)(a), a person who is not practising interior design may be
admitted as an Intern member for 1 year after the date of their first application
under Section 6 for membership in the Intern Class in order to obtain employment
or a contract for their services and obtain the qualifying intern experience necessary
to satisfy the requirements of clause 12(1)(b).
(2) Despite clause 15(1)(c), an Inactive member who undertakes to write or re-write
and successfully complete all parts of the NCIDQ qualification examination within
5 years of their application under Section 6 for membership in the Intern Class may
be admitted as an Intern member during the 5 years immediately after the date of
their first application allowed under this subsection for membership in the Intern
Class.
Time limits pertaining to NCIDQ qualification examination
17 (1) If an Intern member has not been accepted to write and has not commenced
writing the NCIDQ qualification examination within 12 months of the time when
the Intern member’s qualifying intern experience meets the requirements of clause
12(1)(b), the Intern member will be suspended as an Intern member and is not
eligible for membership in the Intern Class until they have been accepted to write
and have commenced writing the NCIDQ qualification examination.
(2) If an Intern member does not successfully complete the NCIDQ qualification
examination within 5 years of first being accepted by NCIDQ to write it, the Intern
member will be suspended as an Intern member and is not eligible for membership
until they have successfully completed the NCIDQ qualification examination, at
which time they will be eligible to apply to be a Registered member.
Intern Class membership entitlements
18 (1) An Intern member is entitled to
(a) receive notice of and attend general meetings of the Association;
(b) serve on committees of the Association; and
(c) receive notice of special events and such other information as the directors
may decide to send to members generally from time to time.
(2) An Intern member is not entitled to vote at general meetings or hold office as a
director or officer of the Association.
(3) An Intern member is entitled to practise interior design if the Intern member is
doing so under the supervision of a Registered member or a registered member of
the NSAA and in that capacity the Intern member is entitled to receive and collect
such remuneration for practising as is agreed upon by the Registered member or
the registered member of the NSAA.
Inactive member
19 (1) A person may be entered or renewed in the Register in the Inactive Class of
membership if the person
(a) is not engaged in the practice of interior design;
(b) was a Registered member under these regulations or under the former Act
or both for a minimum of 12 consecutive months;
(c) is in good standing with respect to the payment of membership fees and
other fees prescribed by the Association;
(d) is covered by professional liability insurance required by Section 37;
(e) is of good character and adheres to the code of ethics and standards of the
Association; and
(f) is a permanent resident of the Province, or is temporarily resident outside
the Province and was a permanent resident of the Province within 5 years of
the date of application or renewal.
(2) A person who is entered in the Register in the Inactive Class is an Inactive
member.
Inactive Class membership entitlements
20 (1) An Inactive member is entitled to
(a) receive notice of and attend general meetings of the Association;
(b) serve on committees of the Association; and
(c) receive notice of special events and such other information as the directors
may decide to send to members generally from time to time.
(2) An Inactive member is not entitled to vote at general meetings or hold office as a
director or officer of the Association.
Inactive Class membership limited to 5 years
21 A person may be entered in the Register in the Inactive Class for not more than 5
consecutive years.
Allied member
22 (1) A person may be entered or renewed in the Register in the Allied Class of
membership if the person
(a) is not engaged in the practice of interior design other than activities
described in Section 3 of the Act;
(b) is engaged in
(i) full-time or part-time teaching or directing interior design programs
at post-secondary schools, colleges or universities, or
(ii) manufacturing or supplying furnishings, materials or services related
to interior design;
(c) satisfies the education qualification;
(d) is in good standing with respect to the payment of membership fees and
other fees prescribed by the Association; and
(e) is of good character and adheres to the code of ethics and standards of the
Association.
(2) A person who is entered in the Register in the Allied Class is an Allied member.
Allied Class membership entitlements
23 (1) An Allied member is entitled to
(a) receive notice of and attend general meetings of the Association;
(b) serve on committees of the Association; and
(c) receive notice of special events and such other information as the directors
may decide from time to time.
(2) An Allied member is not entitled to vote at general meetings or hold office as a
director or officer of the Association.
(3) Work performed in accordance with clause 22(1)(b) does not qualify as qualifying
practice experience or qualifying intern experience for registration in the
Registered Class or in the Intern Class.
Non-resident Registered member
24 (1) A person may be entered or renewed in the Register in the Non-resident Registered
Class who
(a) is a member in good standing in the interior design association recognized
by IDC or ASID for the jurisdiction in which they reside in the class of
membership that has qualifications and requirements that substantially meet
or exceed the qualifications and requirements of clauses 12(1)(a) and
12(1)(b) for the Registered Class of membership, or who resides in a
jurisdiction in which there is no interior design association recognized by
IDC or ASID but who satisfies all qualifications and requirements of
clauses 12(1)(a) and 12(1)(b) for the Registered Class of membership;
(b) has completed the minimum number of CEU credits required under the by-laws;
(c) has qualifying practice experience and qualifying intern experience for a
total of not less than the competency hours standard;
(d) is of good character and adheres to the code of ethics and standards of the
Association;
(e) is in good standing with respect to the payment of membership fees and
other fees prescribed by the Association;
(f) is covered by professional liability insurance as required by Section 37; and
(g) is not a permanent resident of the Province.
(2) A person who is entered in the Register in the Non-resident Registered Class is an
[a] Non-Resident Registered member.
Certificate of Non-resident registration
25 (1) The Registrar must issue to each Non-resident Registered member a Certificate of
Non-resident Registration.
(2) The member must attach the Certificate of Non-resident Registration provided to
the member under Section 30 of the Act to technical submissions prepared or
issued by the member for use in the Province in accordance with Section 18 and
subsection 31(2) of the Act and with the by-laws.
Non-resident Class membership entitlements
26 (1) A Non-resident Registered member is entitled to
(a) receive notice of and attend general meetings of the Association;
(b) serve on committees of the Association; and
(c) receive notice of special events and such other information as the directors
may decide to send to members generally from time to time.
(2) A Non-resident Registered member is not entitled to vote at general meetings or
hold office as a director or officer of the Association.
Student member
27 (1) A person may be entered or renewed in the Register in the Student Class of
membership who
(a) is enrolled in an education program in interior design of not less than 3
academic years in duration that is accredited by FIDER; or
(b) is enrolled in a full time program in interior design of not less than 3
academic years in duration that is not accredited by FIDER but that is
approved by the Board as an appropriate program, and who applies for
student membership before December 31, 2005.
(2) A person who is entered in the Register in the Student Class is a Student member.
Student member ceases to be member upon graduation
28 A Student member ceases to be a Student member upon graduation from their
educational institution and if they wish to continue as a member they must re-apply to
the Association for an appropriate category of membership.
Student Class membership entitlements
29 (1) A Student member is entitled to
(a) receive notice of and attend general meetings of the Association;
(b) serve on committees of the Association; and
(c) receive notice of special events and such other information as the directors
may decide to send to members generally from time to time.
(2) A Student member is not entitled to vote at general meetings or hold office as a
director or officer of the Association.
Retired member
30 (1) A person may be entered or renewed in the Register in the Retired Class
(a) who was formerly a Registered, Inactive or Allied member under these
regulations or under the former Act or both for a minimum of 5 consecutive
years;
(b) who is no longer engaged in the practice of interior design or in an activity
which qualifies for Allied membership;
(c) whose written request to be reclassified as a Retired member has been
approved by the Board;
(d) who is in good standing with respect to the payment of membership fees
and other fees prescribed by the Association;
(e) who is covered by professional liability insurance as required by subsection
30(2); and
(f) who is of good character and adheres to the ethical standards of the
Association.
(2) A person who applies for membership in the Retired Class must undertake to
maintain the professional liability insurance specified in Section 37 for a period of
2 years after they are entered in the Register in the Retired Class and must maintain
the insurance for the 2-year period.
(3) A person who is entered in the Register in the Retired Class is a Retired member.
Retired Class membership entitlements
31 (1) A Retired member is entitled to
(a) receive notice of and attend general meetings of the Association;
(b) serve on committees of the Association; and
(c) receive notice of special events and such other information as the directors
may decide to send to members generally from time to time.
(2) A Retired member is entitled to vote at general meetings and to hold office as a
director or officer of the Association.
Application for previous class of membership
32 A Retired member may apply to the Board to be reinstated in their previous membership
class but must satisfy all requirements for membership in that membership class.
Honorary member
33 (1) A person may be entered or renewed in the Register in the Honorary Class who
(a) has rendered distinguished service to art or industry, particularly to the
interior design profession and its greater recognition or betterment, and has
been appointed as an Honorary member by the Board; or
(b) has been recognized as an Honorary member of IDC and has been
recommended by the Board of Directors of IDC as an Honorary member.
(2) A person who is entered in the Register in the Honorary Class is an Honorary
member.
Honorary Class membership entitlements
34 (1) An Honorary member is entitled to
(a) serve on committees of the Association; and
(b) receive notice of special events and such other information as the directors
may decide to send to members generally from time to time.
(2) An Honorary member is not entitled to vote at general meetings or hold office as a
director or officer of the Association.
Fellow member
35 (1) A person may be entered or renewed in the Register in the Fellow Class who
(a) at the time of appointment is a Registered member and has been a
Registered member, a registered member under the former Act or a
registered member in the society that was continued by the former Act for a
minimum combined period of 25 years;
(b) has rendered distinguished service to the profession of interior design and its
greater recognition or betterment, and whose service has been recognized as
such by the Board; and
(c) satisfies all qualifications and requirements for the Registered Class of
membership.
(2) A person who is entered in the Register in the Fellow Class is a Fellow member
and a Registered member.
Fellow Class membership entitlements
36 A Fellow member is entitled to all the rights, privileges and limitations of a Registered
member as set out in Section 14.
Mandatory liability insurance
37 Registered, Non-resident Registered, Inactive and Retired members must, for the periods
specified in these regulations for their respective membership classes, obtain and
maintain insurance policies naming them as insureds from insurers acceptable to the
Board with minimum limits of $250,000 commercial general liability coverage and
$250,000 errors and omissions liability coverage and must provide proof of such
coverage at the time of application for or renewal of membership and at any other time
on the request of the Registrar.
Liability insurance for government employees
38 (1) Registered and Non-resident Registered members who are employed by the
Federal or Provincial government and who do not practise interior design outside
the scope of their employment must submit proof of employment to be exempt
from the mandatory liability insurance.
(2) If any government requires that a Registered member or Non-resident member
who is employed by it obtain general liability or errors and omissions liability
insurance, the member must provide proof of the insurance coverage required of a
Registered member.
Discipline of members
39 (1) A complaint to the Registrar under Section 23 of the Act must be in writing.
(2) The Registrar must refer every complaint received under Section 23 of the Act to a
complaints committee, or if no complaints committee has been appointed, must
request that the Board appoint a complaints committee for the purpose of
investigating the complaint.
Composition of complaints committee
40 (1) The Board must appoint a complaints committee in accordance with Section 24 of
the Act.
(2) The complaints committee may be either a standing committee or one appointed
from time to time on an ad hoc basis.
Complaints committee procedure
41 The complaints committee to which a complaint has been referred for investigation must
(a) notify the member whose conduct or capacity is the subject of the complaint
and give a maximum of 30 days for the member to submit, in writing, to the
complaints committee any explanations or representations the member may
wish to make concerning the matter;
(b) consider the representations of the complainant and the member relating to
the complaint; and
(c) examine all records and other documents, in addition to the representations
referred to above, that the complaints committee, in its sole discretion,
believes should be examined.
Decisions of complaints committee
42 The complaints committee must, within 90 days of notifying the member against whom
the complaint has been lodged,
(a) if, in the opinion of the complaints committee the complaint is frivolous or
otherwise unworthy of pursuing, dismiss the complaint; or
(b) if, in the opinion of the complaints committee, the complaint is not
frivolous or otherwise unworthy of pursuing, deal with the complaint by
(i) if, in the opinion of the complaints committee, it is appropriate,
attempting to mediate or appoint a mediator to reach a consensual
resolution of the complaint,
(ii) cautioning the member,
(iii) with the consent of the member, entering into a settlement agreement
that includes an admission of a disciplinary violation and specified
disposition including any of the sanctions, penalties and remedial
measures described in subsection 26(2) of the Act, or
(iv) referring the matter to a hearing committee for adjudication.
Notification of decision and referral to hearing committee
43 (1) The complaints committee must immediately notify the complainant, the member
and the Registrar in writing of its determination and its reasons.
(2) If the complaints committee refers the complaint to a hearing committee, the
Registrar must request that the Board appoint a hearing committee.
Composition of hearing committee
44 (1) Within 30 days of the date that a request from the Registrar to appoint a hearing
committee is received, the Board must appoint a hearing committee to adjudicate
the complaint or complaints pursuant to Section 25 of the Act.
(2) Members of the hearing committee must not have taken part before the hearing in
any investigation or consideration of the subject matter of the hearing, and must
not communicate directly or indirectly in relation to the subject matter of the
hearing with the person or with any party or representative of a party, except upon
notice to, and with an opportunity for both parties to participate.
Parties to hearing proceedings
45 In proceedings before a hearing committee, the Association and the member whose
conduct is the subject of the complaint are the parties to proceedings.
Hearing open to public
46 A hearing must be open to the public unless the hearing committee orders that the public
be excluded from a hearing or any part of it because the hearing committee is satisfied
that financial or personal matters may be disclosed at the hearing that are of such a
nature that the desirability of avoiding public disclosure of those matters in the interest of
any person affected or in the public interest outweighs the desirability of holding the
hearing in public.
Rights of member subject to complaint
47 The hearing committee must give the member whose conduct is the subject of the
complaint
(a) at least 14 days notice of the date, time and place for the hearing;
(b) an opportunity to inspect all documents that will be produced as evidence at
the hearing, in advance of the hearing; and
(c) the right to present evidence and witnesses and cross-examine witnesses and
be represented by counsel.
Oral evidence recorded
48 Oral evidence taken before the hearing must be recorded and, if a party files a notice of
appeal or requests a copy of the transcript, the Registrar must order a transcript of the
recording to be prepared and furnished to that party at that party’s expense.
Hearing committee may make findings of fact and orders
49 After considering the complaint and having afforded the member an opportunity to
answer the complaint at a hearing, the hearing committee must make findings and orders
pursuant to Section 26 of the Act.
Hearing committee fine amount
50 If the hearing committee orders the imposition of a fine on a member under clause
26(2)(e) of the Act, the fine may be in an amount not exceeding $10,000.00.
Board and committees may set procedures
51 Subject to the Act, these regulations and the by-laws, the complaints committee, the
hearing committee and the Board may set their own procedures.
Confidentiality of disciplinary proceeding records
52 Any complaints committee and any hearing committee, all members of the Association
and all employees, agents and consultants of the Association having knowledge of or
involved with the keeping of any records relating to, or the conduct of, any disciplinary
proceedings must maintain total confidentiality unless disclosure in the course of
carrying out their duties is required by law or by the Act, these regulations or the by-laws.
Certificate as prima facie proof
53 A certificate of or purporting to be signed by the Registrar or other officer of the Board
stating that a person named therein was or was not registered as a member in a class of
membership under the Act and these regulations at a time or during a period stated in the
certificate is prima facie evidence in any court of that fact without proof that the person
signing it is the Registrar or an officer of the Board.
The following regulations are not
yet in force and are not included in the current consolidation: