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CHAPTER 65

OF 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 the Institute
of Certified Management Consultants
of Atlantic Canada

Short title

1 This Act may be cited as the Certified Management Consultants Act. R.S., c. 65, s. 1.

Interpretation

2 In this Act,

(a) "by-laws" means by-laws of the Institute;

(b) "Institute" means the Institute of Certified Management Consultants of Atlantic Canada incorporated pursuant to the Societies Act. R.S., c. 65, s. 2.

By-laws

3 (1) The Institute may make by-laws

(a) prescribing the qualifications for and conditions of registration for applicants for membership in the Institute;

(b) prescribing a curriculum and courses of study to be pursued by applicants for membership in the Institute and the subjects upon which such applicants shall be examined;

(c) providing for the issuing of certificates of membership to applicants for membership who have met the requirements for membership;

(d) governing the conduct of members in the Institute in the practice of their business or profession by prescribing or providing for a code of ethics, rules of professional conduct and standards of practice and by providing for a complaint procedure and for the suspension, expulsion or other penalty for professional misconduct, incapacity or incompetence.

Appointment of Registrar

(2) The Institute shall appoint a Registrar who shall perform the duties assigned to him by this Act, receive complaints from the public or members of the Institute respecting members of the Institute and perform such other duties as may be assigned to him by the Institute.

Examination of by-laws

(3) The by-laws made pursuant to this Section shall be open to examination by the public at the head office of the Institute during normal office hours. R.S., c. 65, s. 3.

Membership in Institute

4 (1) The Institute shall grant membership in the Institute to any individual who applies therefor in accordance with the by-laws and who

(a) is of good character;

(b) is of the age of majority;

(c) complies with the academic and experience requirements specified in the by-laws; and

(d) passes such examinations as the Board of Directors of the Institute sets or approves in accordance with the by-laws.

Register of members

(2) The Registrar shall keep a register in which shall be entered the names of all members in good standing of the Institute and only those members so registered are entitled to the privileges of membership in the Institute.

Examination of register

(3) The register shall be open to examination by the public at the head office of the Institute during normal office hours. R.S., c. 65, s. 4.

Appeal against refusal of membership

5 (1) An individual who is refused membership in the Institute or a member of the Institute who is disciplined by the Institute may appeal to the Trial Division of the Supreme Court against the refusal of membership or disciplinary action.

Service of notice on Registrar

(2) Where a person appeals pursuant to this Section, a copy of the notice of appeal shall be served on the Registrar and the Registrar shall file with the prothonotary of the Supreme Court a record of the proceeding that resulted in the failure or refusal to grant membership or the decision of the Institute imposing a disciplinary sanction, together with any transcript of evidence.

Jurisdiction of Supreme Court

(3) An appeal pursuant to this Section may be made on a question of law or fact, or both, and the Supreme Court may rescind any decision, may exercise all powers of the Institute and may direct the Institute to take any action that the Institute is empowered to take as the Court considers proper and, for such purposes, the Court may substitute its opinion for that of the Institute or the Court may refer the matter back for rehearing, in whole or in part, in accordance with such directions as the Court considers proper. R.S., c. 65, s. 5.

Use of designation by member

6 (1) Every member in good standing of the Institute may

(a) use the designation "Certified Management Consultant"; and

(b) use the designation "C.M.C." to indicate that the member is a certified management consultant.

Prohibited use of designation

(2) No person shall

(a) use the designation "Certified Management Consultant"; or

(b) use the designation "C.M.C." to indicate that the person is a certified management consultant,

unless the person is a member in good standing of the Institute.

Certificate as proof of membership

(3) In any prosecution for an offence under this Act, a certificate of the Registrar stating that an individual is or is not a member in good standing of the Institute is prima facie proof that that person is or is not a member in good standing of the Institute. R.S., c. 65, s. 6.

Rights of non-members

7 Nothing in this Act affects the right of any person who is not a member of the Institute to practise as or hold himself out as a management consultant so long as the person does not use the designation "Certified Management Consultant" or "C.M.C.". R.S., c. 65, s. 7.

Use of designation by non-members

8 Nothing in this Act affects the right of any person who is not a member of the Institute to use the initials "C.M.C." after his name so long as that person is not practising as a management consultant. R.S., c. 65, s. 8.

Offence and penalty

9 Every person who contravenes this Act is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars. R.S., c. 65, s. 9.

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