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CHAPTER 8

OF THE

THE REVISED STATUTES, 1989


NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act Respecting Agrologists

Short title

1 This Act may be cited as the Agrologists Act. R.S., c. 8, s. 1.

Interpretation

2 In this Act,

(a) "agrologist" means a person registered as a professional agriculturist under this Act;

(b) "agrologist in training" means a person registered as an agrologist in training under this Act;

(c) "Council" means the Council of the Institute;

(d) "Institute" means the Nova Scotia Institute of Agrologists;

(e) "member" means a member of the Institute;

(f) "practising agrology" means teaching or demonstrating the science or art of agriculture or advising or conducting scientific experiments and research in relation thereto as a chief occupation;

(g) "Registrar" means the Registrar of the Institute. R.S., c. 8, s. 2.

INSTITUTE

Institute of Agrologists

3 (1) The Nova Scotia Institute of Agrologists as at present constituted is hereby continued as a body corporate.

Composition

(2) The Institute shall consist of the persons who are at present members and those who hereafter become members in accordance with this Act.

Objects

(3) The objects of the Institute are to

(a) promote and increase the knowledge, skill and proficiency of its members in the practice of agrology;

(b) do all things that may be necessary or incidental or conducive to the usefulness of agrologists to the public; and

(c) ensure for the benefit of the public the proficiency and competency of agrologists. R.S., c. 8, s. 3.

COUNCIL

Management Council

4 (1) There is hereby constituted as the governing board of the Institute the Council of management composed of the President, President-elect, Immediate Past President, and at least seven other councillors elected in the manner provided by the by-laws of the Institute.

Member

(2) All members of the Council shall be resident in the Province and in good standing in the Institute.

Immediate Past President

(3) On retirement each President shall hold office as Immediate Past President on the next succeeding Council.

President-elect

(4) The President-elect shall be elected by and from the registered members of the Institute.

Term of office

(5) The President-elect shall serve as President during the second year following his election and shall hold office until his successor has served as President-elect for one year.

Election and powers

(6) The President-elect shall be elected annually and shall have all the powers of the President during his absence.

Elected members term of office

(7) Subject to subsection (8), the elected members of Council shall hold office for a term of two years.

Members term of office

(8) The members of the governing board who hold office at present shall continue to hold office until the expiration of the respective terms for which they were elected or until their successors are elected and, where additional members are added to the Council, they shall hold office for such term and subject to such conditions as may be prescribed by the by-laws of the Institute.

Vacancy

(9) In case of resignation or death of an elected member of the Council, the vacancy shall be filled in the manner provided by the by-laws of the Institute.

Eligibility

(10) No person shall be eligible for election to the Council or qualified to fill a vacancy thereon or to vote for members thereof unless duly registered under this Act and the by-laws of the Institute.

Duties

(11) The Council shall decide all questions in dispute relating to elections to the Council and the eligibility and rights of membership and the decision of the Council in such matters is final. R.S., c. 8, s. 4.

OFFICERS

Officers

5 (1) The officers of the Institute are

(a) the President, the President-elect and the Immediate Past President;

(b) a Registrar, a Secretary and a Treasurer who in each case must be a member in good standing, but one person may be appointed to two offices; and

(c) any officers who may be appointed by the Council or elected pursuant to the by-laws of the Institute.

Appointment

(2) The Registrar, the Secretary and the Treasurer shall be appointed by the Council from among the members of the Institute.

Term of office

(3) All officers appointed by the Council shall hold office during pleasure of the Council.

Salary and fees

(4) The Council may, subject to the by-laws, fix salaries or fees to be paid to the officers appointed under this Act. R.S., c. 8, s. 5.

MEETINGS

Meetings

6 (1) The meetings of the Institute and of the Council shall be held at the times and places fixed by the by-laws of the Institute.

Notice

(2) Notices of meetings of the Institute shall be mailed at least fourteen days before the day on which the meeting is to be held.

Vote of President

(3) At all meetings, the President for the time being shall have a casting vote only.

Absence of President

(4) If the President is absent from a meeting, the President-elect or, in his absence, the Immediate Past President or, in the absence of all three, a member to be chosen from the members present shall act as President.

Decisions

(5) All questions submitted to the Institute or the Council shall be decided by a majority of the members present, a quorum being not less than fifteen in number in the case of the Institute and four in the case of the Council. R.S., c. 8, s. 6.

POWERS OF THE INSTITUTE

Acquisition and alienation of property

7 The Institute may acquire by gift, purchase or otherwise, and alienate, sell, mortgage, lease or otherwise charge or dispose of, real or personal property for the purpose of carrying into effect and of promoting the aims, objects and designs of the Institute. R.S., c. 8, s. 7.

BY-LAWS OF THE INSTITUTE

By-laws

8 (1) The Institute may make by-laws, rules and regulations respecting

(a) the election of the Council and the filling of vacancies thereon and defining the duties thereof;

(b) the conduct, discipline and honour of its members;

(c) the management of its property;

(d) the appointment of such officers, in addition to those provided for in Sections 4 and 5, as may be necessary for carrying out the purposes of the Institute, and the defining of the duties of such officers;

(e) the maintenance of the Institute by levying annual and other fees and prescribing the same, and the levying of fines for non-payment of 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 of agrologists in training and recording of agricultural students and technicians;

(i) all other purposes deemed necessary or convenient for the management or welfare of the Institute and for the conduct of its business.

Filing

(2) The Institute shall file in the Department of the Attorney General, within thirty days after the date of making, two copies, certified by the Registrar to be true copies, of

(a) all by-laws, rules and regulations hereafter made under this Act; and

(b) all amendments made to such by-laws, rules and regulations. R.S., c. 8, s. 8.

QUALIFICATIONS TO REGISTER

Eligibility for membership

9 (1) A person is eligible for full membership or for membership as an agrologist in training in the Institute if he satifies [satisfies] the Council that he

(a) has obtained

(b) has been engaged in agrology in a professional or other capacity for a period or periods totalling three years after having obtained his degree and that the major part of that time occurred within the three-year period immediately preceding the Councils approval as to the applicants compliance with this clause.

Computation of three-year period

(2) For the purpose of computing the period of three years referred to in clause (b) of subsection (1) the Council may include

(a) time spent in practising agrology as an enrolled agrologist in training;

(b) time spent in post-graduate studies at a university or college recognized by the Council;

(c) time spent in active farming operations.

Further eligibility

(3) A person is eligible for membership in the Institute if he satisfies the Council that he holds a membership in good standing in a professional agricultural body having admission standards considered by the Council to be equivalent to those required by subsection (1).

Certificate of membership

(4) Every applicant who is eligible under this Section and who

(a) has paid the required fees; and

(b) is of good character and reputation in the opinion of the Council,

shall be registered as a member of the Institute by the Registrar and shall be issued a certificate of membership in the Form in the Schedule and such membership shall be subject to such regulations as may be prescribed by by-laws.

Registration of agrologist in training

(5) A person to whom clause (a) of subsection (1) applies may, on application and upon paying the fee prescribed in the by-laws, be registered with the Institute as an agrologist in training.

Restricted membership

(6) No partnership, company, corporation or association of persons shall as such be registered as a member of the Institute.

Practice by agrologist in training

(7) A graduate from a university or college approved by the Council may apply to be enrolled as an agrologist in training and, on payment of the registration fee and subsequent annual fees determined by the by-laws of the Institute, he may be allowed to practise agrology under the guidance of an agrologist.

Training period

(8) The term of training for an agrologist in training shall be three years. R.S., c. 8, s. 9.

EXAMINATIONS

Examination

10 (1) The examination of candidates for admission to the Institute shall be under the control of the Council.

Powers of Council

(2) The Council may

(a) from time to time appoint a board of examiners to examine candidates to determine their admission; and

(b) make regulations

Time and place

(3) Every examination of candidates for admission to membership of the Institute shall be held at a time and place fixed by the Council.

Application for examination

(4) Application for admission to examination for membership of the Institute shall be

(a) made on a form to be supplied on application to the Secretary of the Council; and

(b) filed with the Registrar of the Institute at least four weeks before the times fixed for the examination.

Application fee and content

(5) Every application referred to in subsection (4) shall

(a) be accompanied by the prescribed examination fee; and

(b) contain such information concerning the applicants preliminary education and course of study as the Council may prescribe. R.S., c. 8, s. 10.

REGISTRATION

Register of Agrologists

11 (1) The Council shall cause to be kept by the Registrar a record, to be known as the Register of Agrologists, in which shall be entered the names and addresses of all persons who having complied with this Act and the by-laws thereunder have been admitted to the Institute, and the Register shall be open to inspection to any person at all reasonable times free of charge.

Duty of Registrar

(2) The Registrar shall keep the Register correctly and strictly in accordance with this Act, the by-laws of the Institute and the rules, orders and regulations of the Council.

Annual certificate

(3) The Registrar shall issue an annual certificate of registration in the form and subject to the regulations precribed [prescribed] by by-law of the Institute to all persons whose names have been duly entered in the Register as agrologists by the authority of the Council.

Expiry and renewal

(4) All certificates of registration shall expire on the thirty-first day of December but shall be renewable for one year upon payment of the prescribed fee.

Published list

(5) The Registrar shall, under the direction of the Council, cause to be printed and published a correct list of names, in alphabetical order according to the surnames, with the respective residences, of all persons whose names are in the Register, and if the list is not published yearly he shall issue a yearly addendum.

List as prima facie evidence

(6) Such list or addendum published or purporting to be published by the Institute shall be prima facie evidence in all courts in the Province and before all judges of the provincial court and justices of the peace in and for the Province that the persons therein named are registered according to this Act and, subject to subsection (7), the absence of the name of any such person from the list or addendum shall be prima facie evidence that such person is not registered.

Certificate as prima facie evidence

(7) A certificate of registration purporting to be signed by a person in his capacity as Registrar of the Institute shall be prima facie evidence in said courts that he is such Registrar and of the facts certified. R.S., c. 8, s. 11.

FEES

Fees

12 (1) Members shall pay on registration and annually the fees prescribed by the by-laws of the Institute.

Default

(2) The names of those in default shall be removed from the register by order of the Council after one months notice by prepaid registered mail to the parties, and shall not be reinstated except upon payment of such fees, and fines, if any, as may be imposed under the by-laws of the Institute.

Transferred member

(3) Any person, resident in another province and who is a registered member in good standing in a professional agricultural organization, recognized by the Institute and with which the Institute has a reciprocal agreement, may transfer his membership to the Institute without being assessed a registration fee.

Non-resident

(4) Any person, resident in another province and who is a registered member in good standing in a professional agricultural organization, recognized by the Institute and with which the Institute has a reciprocal agreement, may be allowed to practise agrology part-time in the Province without being assessed a registration fee. R.S., c. 8, s. 12.

DISCIPLINE

Complaint

13 (1) The Council may hear and determine any complaint against a member of the Institute for

(a) violation of any of the provisions of this Act, or of the by-laws, rules or regulations of the Institute;

(b) breach of the professional ethics of the Institute; or

(c) disgraceful or improper conduct.

Duty of Council

(2) Upon receipt of a complaint referred to in subsection (1), the Council shall

(a) appoint a time and a place for hearing the complaint; and

(b) give to the complainant and the accused member of the Institute due notice in writing of the time and place at which the Council will meet to hear the complainant and the accused member, and the evidence adduced on their behalf.

Notice

(3) The notice of the hearing of the complaint shall

(a) be signed by the President or President-elect;

(b) be served on the accused member at least fourteen days before the date set for the hearing; and

(c) embody or be accompanied by a copy of the charges made against the accused member.

Hearing

(4) The Council at the time and place mentioned in the notice of the hearing or at any time and place to which the hearing may be adjourned shall hear the complainant and the accused member and the evidence adduced on their behalf, and if the complaint is found proven the Council may reprimand or fine the accused member or may suspend or expel him from membership in the Institute.

Witness

(5) The testimony of witnesses at the hearing shall be taken under oath and all witnesses called on behalf of the complainant or the accused member may be examined, cross-examined and re-examined.

Evidence

(6) The evidence given at any hearing shall be taken down in shorthand and shall in case of appeal be transcribed.

Failure to attend

(7) If the accused member does not attend the hearing, the Council, upon proof of the service on the accused member of the notice of the hearing and the charge against him, may proceed in the absence of the accused member in the same manner as if he were present at the hearing, and he is not entitled to notice of any adjourned or other meetings and proceedings of the Council in the matter of the complaint.

Costs

(8) Where the Council directs the accused member be suspended or expelled, it may direct that the costs of and incidental to the inquiry be paid by the member, and after the taxation of the costs on the district court scale by a taxing officer, execution may issue out of any county court for the recovery thereof as upon a judgment in an action in that court.

Reinstatement

(9) The Council, where a member has been suspended or expelled, may

(a) reinstate the member; and

(b) restore all his rights and privileges as a member upon such terms and conditions as the Council may decide.

Quorum

(10) For the purposes of this Section, five members of the Council constitute a quorum.

Action against Council

(11) No action lies against the Council or any member thereof for any proceedings taken in good faith, or for orders made or enforced, under the disciplinary provisions of this Act.

Rules

(12) The Council may make rules to regulate

(a) the making of complaints; and

(b) the hearing and determination of matters of complaint under this Section. R.S., c. 8, s. 13.

Appeal

14 (1) A person suspended or expelled from the Institute may, at any time within three months after the date of the order of the Council, appeal to a judge of the Trial Division of the Supreme Court against the order.

Powers of Court

(2) The judge to whom the appeal has been made, after due notice to all parties concerned, shall hear the appeal and allow or dismiss the appeal or make such order varying the order of the Council and such order as to costs as he considers just.

Record of hearing

(3) The appeal shall be founded upon a copy of the evidence and the record of the proceedings before the Council and the order of the Council certified by the Registrar who shall furnish a copy of the same to the appellant upon request.

Decision final

(4) The decision of the judge, to whom the appeal is made, is final. R.S., c. 8, s. 14.

Frivolous complaint

15 When a complaint against any person has been finally determined in his favour and found by the Council to have been frivolous and vexatious, the Council may order the costs to be paid to him out of the funds of the Institute as the Council considers just. R.S., c. 8, s. 15.

OFFENCES

Illegal practice

16 (1) A person who, not being an agrologist and registered under this Act,

(a) practises agrology;

(b) assumes verbally or otherwise the title of agrologist or makes use of any abbreviation thereof, or of any name, title or designation that may lead the public to the belief that he is an agrologist of the Province or a member of the Institute;

(c) holds himself out to the public as an agrologist,

is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred dollars.

Additional penalty

(2) A person who is guilty of an offence under subsection (1) shall be incapable of recovering any fees, rewards or disbursements for any service rendered as such agrologist. R.S., c. 8, s. 16.

Limitation period

17 No prosecutions shall be commenced for an offence against this Act after the expiration of two years from the date of the alleged offence. R.S., c. 8, s. 17.

Certificate as prima facie evidence

18 A certificate of the Registrar under the seal of the Institute shall be prima facie evidence of registration or non-registration. R.S., c. 8, s. 18.

EXEMPTIONS

Act does not apply

19 Nothing in this Act applies to

(a) a person carrying on the business of farming or the growing of crops, unless he becomes a member of the Institute or practises agrology;

(b) a member of the Canadian Armed Forces while actually employed on duty with those Forces;

(c) undergraduate student assistants in agriculture working under the direct supervision of an agrologist and not taking responsibility for their work other than to their immediate superiors;

(d) a person who is not registered as an agrologist under this Act but is registered as a professional engineer under the Engineering Profession Act, or as a veterinarian under the Veterinary Medical Act, if he does not hold himself out as an agrologist;

(e) a person who is not registered as an agrologist under the Act but practises his profession, trade or calling as a chemist, forester, land appraiser or valuator, land surveyor, or a person servicing or repairing farm machinery, if he does not hold himself out as an agrologist. R.S., c. 8, s. 19.

Return by Registrar

20 The Registrar shall, when required by the Governor in Council to do so, transmit to the Attorney General a certified return under the seal of the Institute setting forth all such information and particulars relating to the Institute as he may require. R.S., c. 8, s. 20.

Head office

21 The head office of the Institute shall be located at such place as may be specified in the by-laws of the Institute. R.S., c. 8, s. 21.

SCHEDULE

Form

(Section 9(4))

CERTIFICATE OF MEMBERSHIP

The Nova Scotia Institute of Agrologists by virtue of the authority vested in it by the Legislature of the Province of Nova Scotia awards this certificate to . . . . . . . . . . who has complied with all the requirements of the law regarding the practice of agrology and has been adjudged qualified to practise agrology.

In witness whereof we the undersigned officers of the Institute have hereunto signed our names and affixed the corporate seal of the Institute this . . . . . . . . . . day of . . . . . . . . . . one thousand nine hundred and seventy-two, at . . . . . . . . . . in the Province of Nova Scotia.

. . . . . . . . . . . . . . . . . . . . . . . . . . .

President

. . . . . . . . . . . . . . . . . . . . . . . . . . .

Registrar

R.S., c. 8, Sch.

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