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B.C. ASSOCIATION OF CLINICAL COUNSELLORS
Office Consolidation current to: April 30, 2007
Prepared by: George K. Bryce, legal counsel
Note: This is an office consolidation of the BCACC’s Constitution and Bylaws and sets out the versions of the Constitution and Bylaws current to the above noted date, which is the date when the Registrar of Companies approved and filed the last set of amendments to the Bylaws. This O/C version of the Constitution and Bylaws has been prepared for ease of reference. The original versions as filed with the Registrar are available at the Victoria office should be consulted for legal purposes.
Constitution of the B.C. Association of Clinical Counsellors
(i) The Name of the Society
The name of the society is the B.C. Association of Clinical Counsellors.
(ii) Mission Statement
The B.C. Association of Clinical Counsellors is a society of regulated Clinical Counsellors dedicated to providing the highest standard of professional counselling, consulting, assessment, testing and training services. Members of the society act to enhance mental health by providing responsive, accountable, and ethical counselling, consulting, assessment, testing and training services to individuals, couples, families, and groups.
(iii) Fundamental Purposes
Fundamental Purpose 1
Developing and advocating for the profession of counselling (promoting the self-interest of the profession and the membership).
Fundamental Purpose 2
Regulating the professional practice of registered members (protecting the public interest through entry criteria, peer review and discipline).
Fundamental Purpose 3
Maintaining an operational structure and infrastructure to support the foregoing fundamental purposes.
(iv) Values and duties of the profession
Clinical counsellors
(a) value people, their dignity, integrity and fundamental rights and freedoms,
(b) respect the personal beliefs of all people, and
(c) consider the interdependence between the physical, mental, psychological, emotional, moral, social and spiritual aspects of human nature.
Last revised 1998/09/03/ma
BYLAWS
1(1) In these Bylaws:
"Act" means the Society Act (British Columbia) from time to time in force and all amendments to it;
"BCACC" means the B.C. Association of Clinical Counsellors, a society registered and defined as a society under the Act;
"Code of Ethical Conduct" means the code to govern the professional behaviour and promote the ethical conduct of members, as approved by the Board pursuant to bylaw 30(1)(b).
"Delegate Council" means the Delegate Council established under bylaw 69;
"Delegate Council Representative" means a Delegate Council Representative as elected under bylaw 65.
"Director" means a member of the Board of Directors, as listed in bylaw 29;
"Executive Vice-President" means the member elected pursuant to bylaw 33 and is the equivalent to the position of secretary, as that title is used in the Act;
"Regional Vice-President" means the member elected pursuant to bylaw 64 or appointed pursuant to bylaw 68 to represent a region described in Schedule "A";
"Registrar" means the member appointed pursuant bylaw 48(1)(a);
"Standards of Clinical Practice" means the standards to govern professional practice and promote proper clinical practice of members, as approved by the Board pursuant to bylaw 30(1)(b).
(2) Words importing the singular include the plural and vice versa; and words importing the male person include a female person and a corporation.
2(1) In this bylaw, "Previous Bylaws" means the bylaws of the BCACC that were repealed and replaced by these Bylaws.
(2) The members of the BCACC are
(a) persons who, as of the effective date of these Bylaws, were registered members under the Previous Bylaws, and
(b) persons subsequently registered as members in accordance with these Bylaws,but in either case, have not ceased to be members.
3. Every member shall uphold the constitution and comply with these Bylaws and any Code of Ethical Conduct or Standards of Clinical Practice adopted by the Board.
Ceasing to be a member
4. A person shall cease to be a member of the BCACC:
(a) by delivering his resignation in writing to the Executive Vice-President of the BCACC or by mailing or delivering it to the address of the BCACC;
(b) on his death or in the case of a corporation on dissolution;
(c) on being expelled in accordance with bylaw 5 or Part 10;
(d) on having been a member not in good standing for 90 days.
Expelling a member
5(1) A member may be expelled by a resolution of the members passed by two thirds majority vote of the members attending a general meeting.
(2) Before the members may act in accordance with subsection (1), a notice of the resolution for expulsion shall be provided to the membership, accompanied by a brief statement of the reason or reasons for the proposed expulsion.
(3) The person who is the subject of the proposed resolution for expulsion shall be given an opportunity to be heard at the general meeting before the resolution is put to a vote.
Categories of membership
6(1) There shall be the following categories of membership in the BCACC:
(a) registered member;
(b) honorary member;
(c) inactive member;
(d) associate member.
(2) For the purposes of any vote that is required or authorized under these Bylaws, a "member" means a registered member.
(3) For clarity, an honorary, inactive or associate member may not vote in any proceeding required or authorized under these Bylaws.
Registration Committee
7(1) The Registration Committee shall consist of at least three persons appointed by the Board.
(2) The chair of the Registration Committee shall be elected in accordance with bylaws 34 to 36.
(3) The Registration Committee shall evaluate the application and the credentials of all applicants for membership in the BCACC in accordance with the registration requirements prescribed by these Bylaws.
Investigation of an applicant
8(1) At the request of the Registration Committee, the Inquiry Committee may investigate an applicant for membership in the BCACC.
(2) Upon completion of its investigation, the Inquiry Committee shall submit a report to the Registration Committee setting out its findings of fact and recommendations concerning the application, if any.
(3) The matters the Inquiry Committee may investigate under this section include but are not limited to:
(a) a prior or current complaint against the applicant;
(b) whether the applicant has been expelled from an educational program;
(c) whether the applicant's entitlement to practice clinical counselling has been cancelled or suspended or limited in this or any other jurisdiction at any time;
(d) whether, at the time of the application an investigation, review or proceeding is taking place in this or any other jurisdiction which could result in the suspension, cancellation, or limitation of the applicant's entitlement to practice;
(e) whether the applicant's conduct would constitute a breach of the code of ethical conduct or standards of clinical practice;
(f) whether the applicant has been convicted in Canada or elsewhere of a material offence which would constitute a breach of the code of ethical conduct or standards of clinical practice, or otherwise make the applicant unsuitable for membership;
(g) any other matter that is reasonably related to the applicant's suitability to become a member of the BCACC.
9(1) If in the opinion of the majority of the members of the Registration Committee, an applicant meets the eligibility criteria prescribed by these Bylaws and is suitable for membership, the committee may
(a) grant the applicant admission to the BCACC as a member in the applicable category, and
(b) direct the Registrar to enter that person’s name, address and qualification in the register.
(2) The Registrar shall inform the applicant, in writing, of the committee’s determination.
(3) The Registration Committee may delegate any of its powers under bylaw 7(3) or this bylaw to the Registrar as it sees fit.
10. The onus is on the applicant to satisfy the Registration Committee that the applicant has met the criteria for registration prescribed by these Bylaws.
11. A person seeking admission to the BCACC shall be evaluated according to the following general criteria:
(a) general academic qualifications;
(b) counselling training;
(c) work experience;
(d) professional conduct.
12(1) An applicant who meets each of the following criteria is entitled to be registered as a Registered Member:
(a) the applicant holds at least a master’s degree;
(b) the applicant’s graduate degree must be in a field of study that is prescribed by the Board;
(c) the applicant’s graduate degree must be from an institution that is acceptable to the Board;
(d) the education program that granted the degree must provide graduates with a broad counselling base in the following core areas:
I. normal development and abnormal psychology,
II. counselling and personality theories,
III. group therapy theory and practice,
IV. family therapy theory and practice,
V. basic research design, and
VI. ethics;
(e) the academic instruction provided by the educational program must be supplemented by direct instruction, simulations, and supervised clinical training so that the applicant can demonstrate integration of the core areas listed in bylaw 12(1)(d);
(f) the applicant’s clinical training must
I. include the number of hours of clinical supervision, including the number of hours of direct observation of the applicant by a supervisor, as specified by the Board,
II. involve direct supervision by a supervisor of applicant-client interactions to a standard that is acceptable to the Board, and
III. have been conducted under the formal supervision of a qualified professional who is acceptable to the Registration Committee;
(g) the applicant must not have been convicted for an offence that the Committee determines would make him or her unsuitable to be a registered member of the Association;
(h) the applicant must not have been found to have engaged in professional misconduct or conduct that the Committee has determined would indicate that he or she is not a good citizen;
(i) the applicant agrees to abide by the BCACC Code of Ethical Conduct and the Standards of Clinical Practice;
(j) the applicant is covered by individual professional liability insurance to a standard and level of coverage that is prescribed by the Board.
(2) An applicant for membership as a registered member must provide the Registration Committee with the following information:
(a) a complete membership application in a form approved by the Committee;
(b) the applicable application fee in the amount specified by the Board;
(c) an official, sealed transcript from his or her graduate program;
(d) evidence in the form specified by the Committee of a broad counselling education in the core areas specified in bylaw 12(1)(d) and clinical training as specified in bylaws 12(1)(e) and (f);
(e) a criminal records check report current within the past 6 months;
(f) evidence of professional conduct or other evidence of good citizenship in a form specified by the Committee;
(g) evidence of being covered by individual professional liability insurance in a form specified by the Committee.
(3) Only a registered member is entitled to
(a) represent herself or himself as a registered member,
(b) display a certificate of registration as a registered member, and
(c) use the designation Registered Clinical Counsellor or its abbreviation, R.C.C
12.1(1) An applicant who holds a graduate degree that does not meet the requirements established in bylaws 12(1)(b) to (c) may be granted full registration by the Registration Committee where the applicant can prove to the Committee’s satisfaction that he or she
(a) holds a graduate degree at either the master’s or the doctoral level;
(b) has a combination of knowledge, skills and abilities which in the opinion of the Committee are substantially equivalent to those that would be obtained through the requirements set out in bylaws 12(1)(b) to (c), and
(b) otherwise meets the requirements set out in bylaws 12(1)(d) to (j), and has provided the information required by bylaw 12(2).
(2) An applicant who becomes a registered member under this bylaw is entitled to the rights and privileges set out under bylaw 12(3). (3) This bylaw does not come into force and has no effect until such time as the Board has
(a) approved policies and procedures for the Registration Committee to help it administer the requirements of this bylaw, and
b) passed a resolution that expressly brings this bylaw into force.
12.2(1) For the purposes of this bylaw a “regulatory body” means either a regulatory body that has been established pursuant to provincial, territorial or state professional legislation, or a voluntary professional association that regulates its members pursuant to its bylaws, whether or not that body is located in the province of BC or in another jurisdiction.
(2) If
(a) an applicant is at the time of application to the BCACC a member of another regulatory body,
)b) the scope of practice for that other profession is the same or substantially the same as the scope of practice for clinical counsellor as defined by the Board, and
(c) the membership criteria set by that regulatory body are the same or substantially the same as the criteria set out in bylaws 12(1)(a) to (f),
the Registration Committee may grant registration as a registered member to that applicant in accordance with this bylaw.
(3) Before accepting an application from an applicant who is a member of another regulatory body, the Registration Committee must confirm each of the following:
(a) the applicant is currently a member in good standing of the other regulatory body;
(b) the scope of practice of that profession is the same or substantially the same as the scope of practice for clinical counsellor as defined by the Board;
(c) the membership criteria set by that regulatory body are the same or substantially the same as the criteria set out in bylaws 12(1)(a) to (f);
(d) the applicant has met the remaining requirements set out in bylaws 12(1)(g) to (j), and has provided the information required by bylaw 12(2).
(4) An applicant from another jurisdiction who becomes a registered member under this bylaw is entitled to the rights and privileges listed in bylaw 12(3).
An unresolved issue with another regulatory body
12.3(1) An applicant who is or was a member of another regulatory body is considered to have an “unresolved issue” with that body if one of the following exist:
(a) the applicant is or was the subject of a complaint investigation by that body which has not been resolved to the satisfaction of that body;
(b) the applicant is or was named in a citation issued by that body which remains active;
(c) the applicant is or was involved in a disciplinary proceeding administered by that body which has not completed or been resolved to the satisfaction of that body;
(d) the other body advises the Registration Committee that the applicant is not a member in good standing with that body.
(2) The Registration Committee may not accept an application for registration from an applicant with an unresolved issue with another regulatory body until at least one of the following conditions has been met, depending on the nature of the unresolved issue:
(a) the other body advises the Committee that its complaint investigation or disciplinary proceeding concerning the applicant has been resolved to its satisfaction;
(b) the other body advises the Committee that the applicant is in good standing with that body;
(c) the Committee is satisfied that, notwithstanding the applicant’s status with the other body, he or she is now rehabilitated or has otherwise resolved the issues that were the subject of the other body’s investigation, citation or disciplinary proceeding.
13(1) The Board may by resolution confer honorary membership on a registered member or any other person who, in the opinion of the Board, has made an outstanding contribution to the clinical counselling profession or the BCACC.
(2) An honorary member is not required to pay membership fees.
(3) Unless he or she is also a registered member, an honorary member shall not
(a) represent himself or herself as a registered member,
(b) display a certificate of registration as a registered member, and
(c) use the designation Registered Clinical Counsellor or its abbreviation, R.C.C.
Inactive member
14(1) Only a registered member who does not intend to practice clinical counselling for at least six months may apply to become an inactive member.
(2) A registered member who wishes to become an inactive member shall
(a) sign the application form for inactive registration,
(b) pay the applicable fee for inactive registration,
(c) agree in writing that he or she will not practice clinical counselling for at least six months while an inactive member,
(d) maintain insurance coverage during the period of inactivity, and
(e) provide any additional information that the Registration Committee may request.
(3) An inactive member shall not
(a) represent herself or himself as a registered member,
(b) display a certificate of registration as a registered member,
(c) engage in practice of clinical counselling whether or not he or she is remunerated, and
(d) use the designation Registered Clinical Counsellor or its abbreviation, R.C.C.
(4) Notwithstanding the provisions of sub-bylaws (2) and (3), an inactive member may serve on a committee of the Board of Directors as a non-voting member.
Associate member
15(1) The Board may by resolution establish the criteria for admission of persons as associate members of the BCACC.
(2) A person who has
(a) completed a membership application form and paid the applicable fee, and
(b) met the criteria for admission as an associate member
is entitled to be registered as an associate member.
(3) An associate member shall not
(a) represent herself or himself as a registered member,
(b) display a certificate of registration as a registered member, and
(c) use the designation Registered Clinical Counsellor or its abbreviation, R.C.C.
Affiliated organizations
15.1(1) The Board may by resolution establish the criteria for affiliations with other associations and organizations
(2) An organization that has
(a) completed an affiliation application form and paid the applicable fee, and
(b) met the criteria for acceptance as an affiliate organization is entitled to be recognized as an organizational affiliate of the BCACC.
(3) An organizational affiliate or its members shall not
(a) represent itself, herself or himself as a registered member,
(b) display a certificate of registration as a registered member, or
(c) use the designation Registered Clinical Counsellor or its abbreviation, R.C.C.
(4) Notwithstanding sub-bylaw (2),
(a) affiliated organizations shall have a membership, goals, processes, and values that are compatible with the membership, goals, processes, and values of the BCACC, and
(b) all applications for organizational affiliation with the BCACC shall be received by the Registrar and forwarded to the Board for approval.
(5) Notwithstanding sub-bylaw (3), affiliated organizations
(a) shall receive the same communications and publications routinely available to members of the BCACC, and
(b) may identify themselves as organizational affiliates of the BCACC.
(6) The Registrar shall maintain a list of affiliated organizations.
Appeals
16. A person whose application for membership in the BCACC has been rejected by the Registration Committee may appeal that decision to the Board in accordance with bylaw 49.
Member in good standing
17. A member is a member in good standing if that member has
(a) paid the current annual membership fee on time,
(b) paid any other subscription or debt due and owing by that member to the BCACC on time, and
(c) complied with or completed any terms or conditions that may have been imposed on that member by the Inquiry Committee or the Discipline Committee under Part 10.
Register of members
18(1) There shall be a register known as the B.C. Association of Clinical Counsellors Register.
(2) On direction of the Registration Committee, the Registrar shall enter in the register the name, address, and qualifications of every person entitled to be a member, and other information the committee may from time to time direct.
(3) The Registrar shall remove the name of a member from the register who ceases to be a member in accordance with bylaw 4.
(4) A member who changes her or his name, address or qualifications shall promptly inform the Registrar of that change, and the Registrar shall enter that change in the register.
Disclosure of registration status
19(1) Where an inquiry about the registration status of a person is received by the Board or the Registrar, the Registrar shall disclose:
(a) whether or not that person is a member or a former member of the BCACC;
(b) whether or not the Discipline Committee has ever issued an order relating to that person under bylaw 97 and the details of that order;
(c) whether or a Consent Agreement has been established with that person under bylaw 89 and the details of the agreement that can be released in accordance with that agreement.
(2) Except with the consent of the person affected, the Registrar shall not release the names of complainants, clients, or their families or information which might otherwise enable a person inquiring about the status of a member to establish the identity of a complainant, clients or their families.
Definitions and interpretation
20(1) In this part,
"general meeting" means an annual general meeting or an extraordinary general meeting of the membership.
"special business" means
(a) all business at an extraordinary general meeting;
(b) all business transacted at an annual general meeting, except the following:
(i) the adoption of rules of order;
(ii) the consideration of the financial statements;
(iii) the report of the directors;
(iv) the report of the auditor, if any;
(v) the election of directors;
(vi) the appointment of the auditor, if required;
(vii) the other business that, under these Bylaws, ought to be transacted at an annual general meeting, or business which is brought under consideration by the report of the directors issued with the notice convening the meeting.
(2) Every general meeting, other than an annual general meeting, is an extraordinary general meeting.
Time and place of general meetings
21(1) General meetings of the BCACC shall be held at the time and place, in accordance with the Act, that the directors may decide.
(2) Notwithstanding subsection (1):
(a) there shall be an annual general meeting of the members which shall take place on or before October 30 in any year;
(b) an extraordinary general meeting shall be convened if 10 percent of the membership sign a petition requesting such a meeting;
(c) the directors may, when they think fit, convene an extraordinary general meeting.
Notice of general meetings
22(1) Notice of a general meeting, shall
(a) be mailed to all members in good standing at least 4 weeks before the date of such meeting, and
(b) specify the place, day and hour of the meeting and, in the case of special business, the general nature of that business.
(2) The accidental omission to give notice of a general meeting to, or the non-receipt of a notice by, any of the members entitled to receive a notice does not invalidate proceedings at that meeting.
Composition of the annual general meeting
23. The annual general meeting shall be comprised of two separate sessions:
(a) the annual Delegate Council meeting;
(b) the annual general meeting of all members.
Quorum
24. A quorum at a general meeting shall consist of 25 members in good standing.
Lack of quorum
25(1) No business, other than the election of a chair and the adjournment or termination of the meeting, shall be conducted at a general meeting at a time when a quorum is not present.
(2) If at any time during a general meeting there ceases to be a quorum present, business then in progress shall be suspended until there is a quorum present or until the meeting is adjourned or terminated.
(3) If within 30 minutes from the time appointed for a general meeting a quorum is not present, the meeting, if convened on the requisition of members, shall be terminated; but in any other case, it shall stand adjourned to the same day in the next week, at the same time and place.
(4) If, at the meeting that was adjourned in accordance with subsection (3), a quorum is not present within 30 minutes from the time appointed for the meeting, the members present constitute a quorum.
Chair of general meetings
26(1) The president of the BCACC, the executive vice-president or in the absence of both, one of the other directors present, shall preside as chair of a general meeting.
(2) If at a general meeting
(a) there is no president, executive vice-president or other director present within 15 minutes after the time appointed for holding the meeting, or
(b) the president and all the other directors present are unwilling to act as chair,
the members present shall choose one of their number to be chair.
Adjournment of general meetings
27(1) A general meeting may be adjourned from time to time and from place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
(2) When a meeting is adjourned for 4 weeks or more, notice of the adjourned meeting shall be given as in the case of the original meeting.
(3) Except as provided in this bylaw, it is not necessary to give notice of an adjournment or of the business to be transacted at an adjourned general meeting.
Voting at general meetings
28(1) A member in good standing present at a general meeting is entitled to one vote.
(2) Voting shall be by show of hands, and voting by proxy is not permitted.
Composition of the Board
29. There shall be a Board of Directors composed of the following:
(a) the President;
(b) the Executive Vice-President;
(c) the President-Elect;
(d) the Past-President;
(e) the chairs of the standing committees;
(f) the Regional Vice-Presidents.
Powers of the directors
30(1) Subject to all laws affecting the BCACC, these Bylaws, and any rules not inconsistent with these Bylaws, the directors may exercise all the powers and do all the acts and things that the BCACC may exercise and do as a society under the Act, and which are not by these Bylaws or by statute or otherwise lawfully directed or required to be exercised or done by the BCACC in general meeting, including but not limited to the following:
(a) the initial approval of amendments to the Constitution or these Bylaws,
(b) the approval of the Code of Ethical Conduct or the Standards of Clinical Practice, and
(c) the development, approval and implementation of any rule or policy not inconsistent with the Act or these Bylaws;
(d) the determination and collection of membership fees and annual membership dues for all categories of membership.
(2) No rule made by the BCACC at a general meeting invalidates a prior act of the directors that would have been valid if that rule had not been made.
Terms of office
31(1) All members elected to the Board, except the past-president and the president-elect, shall hold office for a term of two years.
(2) The past-president and the president-elect shall hold office for a term of one year.
Criteria for election or appointment to the Board
32. Only a member in good standing may be nominated, stand for election, or be appointed to the Board.
Elections - by members or deemed
33(1) With the exception of the president, the past-president and the Regional Vice-Presidents, all members of the Board shall be elected by the membership at large.
(2) At the end of his or her term of office,
(a) the president-elect is deemed to be the president, and
(b) the president is deemed to be the past-president.
(3) The regional vice-presidents shall be elected in accordance with bylaw 63 by the members living in the region they will represent.
Nominations
34(1) No member shall nominate or second more than one candidate for a position on the Board.
(2) Nominations shall be
(a) made and seconded in writing,
(b) set out on the form approved by the Nominations Committee,
(c) signed by the members making and seconding the nomination,
(d) endorsed with the acceptance of the candidate, and
(e) delivered to the chair of the Nominations Committee at least 49 days prior to the annual general meeting.
Elections and acclamations
35(1) Where two or more candidates have been nominated for an office, an election shall be held for that office by mail ballot forwarded to each member in good standing and
(a) not more than 28 days nor less than 21 days prior to the annual general meeting, and
(b) returnable within 14 days.
(2) Where only one candidate has been nominated for an office by the prescribed deadline, that candidate is deemed to be elected to that office by acclamation.
Election results
36. The chair of the Nominations Committee shall circulate to the membership at the annual general meeting the names of the members elected or acclaimed to office.
Board member ceases to hold office
37. A Board member ceases to hold office as a director in any of the following circumstances:
(a) if the member resigns and gives written notice delivered to the president;
(b) if the member is no longer eligible to be a member of the BCACC in accordance with bylaw 4;
(c) if the member is absent from more than one Board meeting per year, unless excused by the Board for that absence;
(d) if the member has been removed in accordance with bylaw 38;
(e) if the member ceases to reside in the province.
Removal of Board member
38(1) A Board member, other than a Regional Vice-President, may be removed from the Board by a special resolution of the members passed by 75% majority vote of the members attending a general meeting.
(2) A Regional Vice-President may be removed from office in accordance with bylaw 67.
(3) Before the members may act in accordance with subsection (1), a notice of the resolution for removal shall be provided to the membership, accompanied by a brief statement of the reason or reasons for the proposed removal.
(4) The Board member who is the subject of the proposed resolution for removal shall be given an opportunity to be heard at the general meeting before the resolution is put to a vote.
Vacancy on the Board
39(1) Where a Board member ceases to hold office before the end of that person’s term, or if a member is not elected to a Board position, the remaining Board members may appoint a member in good standing to fill that vacancy.
(2) The member appointed under subsection (1) holds office during the unexpired portion of the remaining term of the Board member being replaced.
(3) Notwithstanding a vacancy, the remaining Board members may exercise all the powers vested in the Board by these Bylaws.
Remuneration and expenses of Board members
40. No director shall be remunerated for being or acting as a director, but a director shall be reimbursed for all expenses necessarily and reasonably incurred while engaged in the affairs of the BCACC.
Part 5 – Proceedings of the Board
Meetings of the directors
41(1) The directors may meet together at the places they think fit to dispatch business, adjourn and otherwise regulate the meetings and proceedings of the Board, as they see fit.
(2) The Board shall meet a minimum of three times in the course of the year.
(3) A director may at any time, and the President or Executive Vice-President on the request of a director shall, convene a meeting of the directors.
Chair of Board meetings
42(1) The president shall preside as the chair at all Board meetings, but in the president’s absence, the executive vice-president shall preside.
(2) If both the president and the executive vice-president are absent, a chair shall be appointed from the Board members present.
Quorum and voting
43(1) The directors may from time to time fix the quorum necessary to transact the business of the Board, and unless so fixed the quorum shall be a majority of the directors then in office.
(2) Where there is a quorum at a meeting of the Board, all Board resolutions shall pass by a 50% plus one affirmative vote of the directors attending that meeting.
(3) The chair of a meeting does not have a right to vote and does not have a casting or deciding vote.
(4) In case of an equality of votes the motion shall be declared lost.
(5) A written resolution signed by all members of the Board shall be valid and binding and of the same effect as if such a resolution has been duly passed at a meeting of the Board.
Temporary absence of a director
44(1) A director who may be absent temporarily from B.C. may send or deliver to the address of the BCACC a waiver of notice, which may be by letter, telegram, telex, fax, or e-mail, of any meeting of the directors and may at any time withdraw the waiver.
(2) Until the waiver sent in accordance with subsection (1) is withdrawn,
(a) no notice of meeting of directors shall be sent to the director, and
(b) any and all meetings of the directors of the BCACC, notice of which has not been given to that director shall, if a quorum of the directors is present, be valid and effective.
Duty of directors
45. Every director shall:
(a) act honestly, in good faith and in the best interest of the public;
(b) exercise the care, diligence and skill of a reasonably prudent person in exercising her or his powers and performing her of his functions as a director;
(c) report to the Board any matter or thing, or legal proceedings in which
(i) she or he has been named as a defendant, and
(ii) may constitute a conflict of interest respecting the intents and purposes of the BCACC.
Duties of the Executive Vice-President
46. The Executive Vice-President shall
(a) keep minutes of all meetings of the Board and the Delegate Council or a general meeting, and
(b) have custody of all records and documents of the Association.
Assignment of duties
47. Notwithstanding these Bylaws, responsibility for performing a specific duty may be assigned by the Board to another member of the Board, the Registrar, or a member or an employee of the BCACC.
Appointing the Registrar and other employees
48(1) The Board shall
(a) appoint a member to be the Registrar, and
(b) hire a person to be the executive director, who shall be the chief administrative officer of the BCACC.
(2) The Board may hire or appoint such other persons it determines are necessary for carrying on the functions of the BCACC.
(3) Hiring and appointments shall be done in accordance with the recruitment and selection process established by the Board.
(4) Those persons hired or appointed by the Board shall fulfill the duties and responsibilities prescribed by the Board and detailed in the position descriptions.
(5) Those persons hired or appointed by the Board shall be compensated according to the compensation policy set by the Board.
Appeals to the Board
49(1) Where a provision of these Bylaws grants a person a right to appeal a decision or order to the Board, that appeal shall be conducted in accordance with this bylaw.
(2) Except as otherwise provided by these Bylaws or law, the Board may make rules governing the manner of initiating an appeal, how an appeal shall be heard, considered, resolved, and other related matters.
(3) An appeal must
(a) be in writing,
(b) set out the grounds for the appeal,
(c) provide new evidence to be considered by the Board, if applicable, and
(d) be delivered to the Executive Vice-President within 15 days of the decision or order.
(4) If an appeal has been received in accordance with subsection (3), the Board may strike an appeal panel of at least three members of the Board, but no member of the Board who has been involved in the decision or matter under appeal may sit on the appeal panel.
(5) When an appeal panel has been appointed pursuant to subsection (4), it may exercise all of the powers and duties assigned to the Board in the remainder of this bylaw.
(6) In hearing an appeal under this bylaw, the Board may
(a) review any information, documents, or other evidence whether or not that information was produced before the original committee,
(b) make such inquiries of any person it considers necessary, and
(c) at is sole discretion, hold an oral hearing to hear the appeal.
(7) After it has completed its review, inquiries or hearing, the Board shall
(a) confirm, vary or reverse the decision or order of the committee,
(b) refer the matter back to the committee, with or without directions, or
(c) make any other decision or order that it considers appropriate in the circumstances.
(8) A decision of the Board under subsection (7) is final and conclusive, and is not open to question or review in any court, and proceedings by or before the Board shall not be restrained by injunction, prohibition or other process or proceeding in any court or be removable by certiorari or otherwise in any court.
Part 6 – Committees
Standing committees
50(1) There shall be the following standing committees of the Board:
(a) Legislative Review Committee;
(b) Member Services Committee;
(c) Registration Committee;
(d) Continuing Competency Committee;
(e) Ethics and Standards Committee;
(f) Inquiry Committee;
(g) Discipline Committee.
(2) The chair of each standing committee shall be elected in accordance with bylaws 34 to 36.
Regulation Panel
51(1) There shall be a Regulation Panel that will be composed of the Executive Vice-President, who shall chair the panel, and the chairs of the following standing committees:
(a) Registration Committee;
(b) Ethics and Standards Committee;
(c) Inquiry Committee;
(d) Discipline Committee.
(2) The Regulation Panel shall:
(a) administer and coordinate the BCACC's constitutional purpose of protecting the public interest and regulating the professional practice of members by entry criteria, peer review and discipline;
(b) report to the Board of Directors.
Establishing committees and panels
52(1) The Board may
(a) establish committees or panels,
(b) appoint members to those committees or panels, and
(c) delegate powers to those committees or panels, as it sees fit.
(2) A committee or panel so formed in the exercise of the powers so delegated shall conform to any rules imposed on it by the Board, and shall report every act or thing done in exercise of those powers to the earliest meeting of the directors to be held after it has been done.
Committee chairs
53(1) Unless otherwise appointed by the Board, the members of a committee, other than a standing committee, or panel shall elect a member to chair their meeting.
(2) If no chair is elected in accordance with subsection (1), or if at a meeting the chair is not present, the directors present who are members of the committee shall choose one of their number to chair the meeting, and if no directors who are members of the committee are present, the remaining members of the committee shall choose one of their number to chair the meeting.
Meetings of committees or panels
54. The members of a committee or panel may meet and adjourn as they think proper.
President ex officio members
55. The president shall be an ex officio member of all committees except the Nominations Committee.
Duties of standing committees
56. The chairs of the standing committees of the Board shall fulfill the responsibilities and duties specified by these Bylaws and any position descriptions adopted by the Board.
Part 7 – Executive Committee
Composition of the executive committee
57(1) There shall be an executive committee composed of
(a) the president, and
(b) five other Board members appointed by the Board.
(2) So long as they remain Board members, the executive committee members shall hold office until their successors are elected or appointed.
(3) The executive committee may appoint another member of the Board to fill a vacancy until the next Board meeting.
(4) With the exception of the president, the Board may at any time remove an executive committee member or appoint a new or an additional member.
Powers of the executive committee
58(1) The executive committee shall take cognizance of and act on all matters delegated to it by the Board, or that my require attention between Board meetings.
(2) The executive committee may exercise the Board’s powers unless the Board otherwise resolves.
(3) If they are within the scope of its authority, the acts of the executive committee are effective as the acts of the Board, until they are amended or repealed by the Board.
(4) Notwithstanding subsection (2), the executive committee shall not have the power to alter, repeal, or suspend a rule of the Board or Delegate Council or to amend the Constitution or these Bylaws.
Chair and minutes
59(1) The president, if present, shall preside at all meetings of the executive committee.
(2) The executive committee shall keep minutes of its proceedings and shall submit them for the Board’s consideration at the next Board meeting.
Quorum and voting
60(1) Three members of the executive committee is a quorum of that committee.
(2) Where there is a quorum at a meeting of the executive committee, all resolutions shall pass by a 50% plus one affirmative vote of the directors attending that meeting.
(3) The chair of a meeting does not have a right to vote and does not have a casting or deciding vote.
(4) In case of an equality of votes the motion shall be declared lost.
(5) A written resolution signed by all members of the executive committee shall be valid and binding and of the same effect as if such a resolution has been duly passed at a meeting of the committee.
Part 8 – Regional Representation
Regions defined
61. The province shall be divided into regions as set out in Schedule "A", which is attached to and forms part of these Bylaws.
Regional meetings
62. Whenever possible, members from each region shall hold a meeting for members residing in that region at least once per year, and at least three months prior to the BCACC’s annual general meeting, for the purpose of electing a Regional Vice-President and Delegate Council Representatives.
Regional Vice-President
63(1) A Regional Vice-President shall be elected by members residing in the region in which the candidate resides and the members residing in a region are entitled to vote for a Regional Vice-President in accordance with this bylaw.
(2) To be a Regional Vice-President, a member must
(a) be a member in good standing of the BCACC,
(b) reside within the region, and
(c) be duly elected as a Regional Vice-President by the members residing in that region.
Duties of the Regional Vice-President
64. The Regional Vice-President
(a) is deemed to be a member of the Board,
(b) shall represent the region as a Regional Vice-President on the Board, and
(c) may chair any meeting of the Delegate Council Representatives from the region.
Delegate Council Representatives
65(1) The number of members who may sit as Delegate Council Representatives from a region shall be calculated as follows:
(a) every region shall have two representatives;
(b) a region shall have one additional representative for every 100 members;
(c) if there is a remaining number of members of 51 or more, a region shall have one additional representative.
(2) The members residing in a region are entitled to vote for their representatives in accordance with this bylaw, up to the maximum number derived from the calculation in subsection (1).
(3) To be a Delegate Council Representative, a member must
(a) be a member in good standing of the BCACC,
(b) reside within the region, and
(c) be duly elected as a Representative by the members residing in that region.
Terms of office of Regional Vice-Presidents and Delegate Council Representatives
66. Regional Vice-Presidents and Delegate Council Representatives shall hold office for a term of two years.
Removal of a Regional Vice-President and Delegate Council Representative
67(1) A Regional Vice-President or a Delegate Council Representative may be removed from the Delegate Council by a special resolution passed by 75% majority vote of the members from the applicable region attending a meeting.
(2) Before the members in a region may act in accordance with subsection (1), a notice of the resolution for removal shall be provided to the membership residing in that region, accompanied by a brief statement of the reason or reasons for the proposed removal.
(3) The Regional Vice-President or the Delegate Council Representative who is the subject of the proposed resolution for removal shall be given an opportunity to be heard at the regional meeting before the resolution is put to a vote.
Vacancy as a Regional Vice-President or a Delegate Council Representative
68(1) Where a Regional Vice-President or a Delegate Council Representative ceases to hold office before the end of his or her term, or if a member is not elected to a vacant Regional Vice-President or Delegate Council Representative position, the Board may appoint a member in good standing to fill that vacancy.
(2) The member appointed under subsection (1) holds office during the unexpired portion of the remaining term of the vacant position.
(3) Notwithstanding a vacancy of a Regional Vice-President or a Delegate Council Representative, the remaining Delegate Council members may exercise all the powers vested in the Council by these Bylaws.
Part 9 – The Delegate Council
Composition of the Delegate Council
69(1) There shall be an advisory body called the Delegate Council.
(2) The Delegate Council shall consist of
(a) the Directors, including the Regional Vice-Presidents, and
(b) the Delegate Council Representatives elected or appointed in accordance with Part 8.
Purpose of the Delegate Council
70. The members of the Delegate Council shall meet annually to advise the Board and to ratify proposed changes to the Bylaws in accordance with bylaw 108.
Delegate Council meetings
71(1) A meeting of the Delegate Council shall be held
(a) before or as part of the annual general meeting, or
(b) at the call of the Board,
and at a time and location to be determined by the Board.
(2) Notice of a meeting of the Delegate Council shall be given in writing to all members of the Council at least 4 weeks prior to the date for which the meeting was fixed.
Resolutions for Delegate Council meetings
72(1) Resolutions may be submitted to the Delegate Council by one or more of the following methods:
(a) by petition signed by at least 25 members in good standing and filed with the Executive Vice-President;
(b) by the executive committee after adoption of the resolution by those present at a duly constituted executive committee meeting;
(c) by a standing committee through recommendations embodied in reports made to the annual general meeting;
(d) by the Board after adoption of the resolution by those directors present at a duly constituted Board meeting.
(2) Resolutions to be put to the Delegate Council shall be submitted in writing to the president not less than six weeks prior to the date of the Delegate Council meeting so as to make possible the distribution of the written resolution to all members of the Delegate Council.
(3) All members who are not members of the Delegate Council may attend the Delegate Council meetings as observers, but may speak to the proceedings only by leave of the chair.
(4) After disposing of all resolutions before them, the members of the Delegate Council may raise questions on the following matters for the purpose of formulating new resolutions to be considered at the next session of the Delegate Council:
(a) Standards of Clinical Practice;
(b) the Code of Ethical Conduct;
(c) qualification for membership;
(d) licensing and registration;
(e) certification;
(f) amendments to the Constitution or these Bylaws.
Chair of Delegate Council meetings
73(1) The president shall preside as the chair at all Delegate Council meetings, but in the president’s absence, the executive vice-president shall preside.
(2) If both the president and the executive vice-president are absent, the chair shall be appointed from the Delegate Council members present.
Quorum and voting
74(1) One half of the elected or appointed Delegate Council Members constitute a quorum of any meeting of the Council.
(2) Where there is a quorum at a meeting of the Delegate Council, all resolutions shall pass by a 50% plus one affirmative vote of the members attending that meeting.
(3) The chair of a meeting does not have a right to vote and does not have a casting or deciding vote.
(4) In case of an equality of votes the motion shall be declared lost.
(5) Members of the Delegate Council may not cast a vote by proxy for any resolution.
(6) A written resolution signed by all members of the Delegate Council shall be valid and binding and of the same effect as if such a resolution has been duly passed at a meeting of the Council.
Reimbursement of Delegate Council members
75. Members of the Delegate Council attending annual or special meetings shall be reimbursed for ordinary and necessary expenses at rates to be determined from time to time by the Board.
Definitions
76. In this part, the following definitions apply:
"Consent Agreement" means the record of an undertaking or a consent given under bylaw 89 for the purposes of resolving a complaint;
"Incapacitated" means that a member is suffering from a physical or mental ailment, emotional disturbance, or an addiction to alcohol or drugs that impairs her or his ability to practice clinical counselling;
"Public Representative" means a member of the public who is not a member or former member of the BCACC or who has no close family or business relationship with a member or former member;
"Respondent" means the member named on a citation issued pursuant to bylaw 91.
Ethics and StandardsCommittee
77(1) The ethics and standards committee shall consist of at least three persons appointed by the Board.
(2) The chair of the ethics and standards committee shall be elected in accordance with bylaws 34 to 36.
(3) The ethics and standards committee shall be responsible for:
(a) reviewing the Code of Ethical Conduct and Standards of Clinical Practice;
(b) (b) preparing changes to the Code or Standards;
(c) facilitating a review of the proposed changes by the membership in a timely fashion;
(d) submitting proposed amendments to the Code or Standards for approval by the Board, pursuant to bylaw 30(1)(b).
Inquiry Committee
78(1) The inquiry committee shall consist of at least three persons appointed by the Board, including one Public Representative.
(2) The chair of the inquiry committee shall be elected in accordance with bylaws 34 to 36.
(3) The absence of a Public Representative from a meeting of the inquiry committee does not invalidate any decisions made by that committee at that meeting.
(4) The inquiry committee
(a) shall investigate and attempt to resolve complaints against members in accordance with this part, and
(b) may approve policies and procedures that are necessary for it to administer the applicable provisions of this part.
Incapacity to practice and the fitness to practice panel
79(1) Where the inquiry committee has reason to believe that a member may be Incapacitated, the chair of the committee may appoint a fitness to practice panel to investigate the complaint forthwith.
(2) The fitness to practice panel shall:
(a) request the co-operation and consent of the member with respect to the investigation including, if appropriate, requesting the member’s consent to be assessed by an appropriate health care professional and to have the health care professional report the findings of that assessment directly to the committee;
(b) if the co-operation and consent of the member is not forthcoming, the fitness to practice panel shall consider whether it is appropriate to make a recommendation to the inquiry committee to take the necessary action to protect the public under bylaw 86;
(c) at any time if, as a result of their investigation, the fitness to practice panel has reason to believe that the public is at risk it may request the inquiry committee take action under bylaw 86.
(3) In cases where there are reasonable grounds to believe that the member is Incapacitated, the fitness to practice panel will recommend to the inquiry committee to negotiate a Consent Agreement with the member.
Investigators
80(1) The inquiry committee may appoint persons as investigators and such persons may be appointed from the committee itself.
(2) The Registrar is deemed to be an investigator.
Complaints to be made to Registrar for delivery
81(1) A person who wishes to make a complaint against a member shall deliver the complaint in writing to the Registrar.
(2) As soon as practical after receiving a complaint, the Registrar shall deliver to the chair of the inquiry committee a copy of the complaint, an initial assessment of the complaint and any recommendations of the Registrar for the disposition of the complaint.
Investigation by Inquiry Committee
82(1) Where a complaint is delivered to the chair of the inquiry committee by the Registrar, the inquiry committee shall investigate the matter raised by that complaint.
(2) Notwithstanding subsection (1), the inquiry committee may on its own motion investigate a member regarding any of the following matters:
(a) a contravention of these Bylaws;
(b) a failure to comply with a limit or condition imposed under these Bylaws;
(c) any type of professional misconduct or conduct unbecoming of a member;
(d) competence to practice clinical counselling;
(e) a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs his or her ability to practice clinical counselling.
(3) The inquiry committee may request the member who is the subject of an investigation under this bylaw to provide it with any information regarding the matter which the inquiry committee believes should be considered during its investigation.
(4) After considering information collected during an investigation, the inquiry committee may do one or more of the following:
(a) take no further action if the inquiry committee is of the view that the matter is trivial, frivolous, vexatious or made in bad faith or that the conduct or competence to which the matter relates is satisfactory;
(b) issue an advisory statement pursuant to bylaw 87;
(c) request the member take remedial actions and, if necessary, enter into a consent agreement pursuant to bylaw 89;
(d) facilitate a mediation between the complainant and the member pursuant to bylaw 90;
(e) direct the Registrar to issue a citation pursuant to bylaw 91;
(f) take any other action it considers appropriate and necessary to resolve the complaint.
(5) The inquiry committee shall notify a member who is the subject of an investigation and any complainant of the disposition of the investigation and any action taken under this bylaw.
Duty to cooperate
83(1) Every member shall cooperate with an investigation under this Part and shall not hinder, obstruct or withhold information from the inquiry committee.
(2) When so requested by the inquiry committee or its delegate, a member shall
(a) respond to questions and information requests,
(b) provide originals or copies of requested documents, or permit access to originals and the copying of documents, and
(c) permit an inspection of the member’s office, files and clinical notes during normal business hours.
Conviction for a criminal offence
84. Notwithstanding any provision in this part, if the inquiry committee receives proof that a member has been convicted in a court of law of a criminal offence which, in the opinion of the committee, would constitute professional misconduct or is otherwise contrary to the public interest, the inquiry committee may act in accordance with this part.
Report to be made where no remedial or disciplinary action taken
85(1) Where the inquiry committee decides that no remedial or disciplinary action will be taken under this Part regarding the matter investigated, it shall
(a) report to the Board regarding its decision and the results of its investigation, and
(b) in the case of an investigation respecting a complaint, notify the complainant in writing of its decision.
(2) A complainant who is dissatisfied with a decision of the inquiry committee referred to in subsection (1) may appeal that decision to the Board in accordance with bylaw 49.
(3) The Board may, on its own motion after considering a report of the inquiry committee under subsection (1)(a),
(a) direct the inquiry committee to act under this Part, or
(b) direct the Registrar to issue a citation under bylaw 91.
Extraordinary action to protect the public
86(1) If the inquiry committee considers the action necessary to protect the public during the investigation of a member or pending a hearing of the discipline committee, it may
(a) set limits or conditions on the practice of clinical counselling of the member, or
(b) suspend the registration of the member.
(2) If the inquiry committee acts under subsection (1), it shall notify the member in writing of its decision, of the reasons for the decision and of the member's right to appeal that decision to the Board.
(3) A decision under subsection (1) is not effective until the earlier of
(a) the time the member receives the notice under subsection (2), or
(b) three days after the notice is mailed to the member at the last address for the member recorded in the register of the association.
(4) If the inquiry committee determines that action taken under subsection (1) is no longer necessary to protect the public, it shall cancel the limits, conditions or suspension and shall notify the member in writing of this as soon as possible.
(5) A member against whom action has been taken under subsection (1) may appeal the decision to the Board in accordance with bylaw 49, except if a citation has already been issued under bylaw 91.
Advisory statements
87(1) The inquiry committee may at any time issue an advisory statement to a member who is being investigated under this Part.
(2) An advisory statement may contain the following information:
(a) a summary of the results of the investigation;
(b) a description of the committee’s attempts to resolve the complaint, if applicable;
(c) an explanation as to why the advisory statement is being issued;
(d) the respondent member’s right to contest the statement;
(e) what will happen if the statement is not contested;
(f) the complainant’s right to appeal the final statement.
(3) A member who receives an advisory statement may within 15 days contest the statement by advising the committee in writing as to why the member disagrees with the information or advice set out in the statement.
(4) In contesting an advisory statement, the member must:
(a) identify the specific information or advice that the member disagrees with;
(b) provide new information or alternative advice the member thinks should replace the contested information or advice;
(c) explain why the new information or alternative advice is more accurate or appropriate than the original.
(5) A member is entitled to only one opportunity to contest an advisory statement under subsection (4).
(6) If a member who receives an advisory statement does not contest the statement within 15 days
(a) the information and advice set out in the statement is deemed to have been accepted by the member as presented, and
(b) a copy of the statement may then be placed in the member’s file and provided to the complainant.
Appeal
88(1) A member or a complainant may not appeal the inquiry committee’s decision to issue an advisory statement.
(2) If a complainant disagrees with the information or advice in a final advisory statement, the complainant may appeal that information or advice to the Board in accordance with bylaw 49.
Remedial action by consent and consent agreements
89(1) In relation to a matter investigated under this Part, the inquiry committee may request the member to do one or more of the following:
(a) undertake not to repeat the conduct to which the matter relates;
(b) undertake to take educational courses specified by the inquiry committee;
(c) accept a reprimand;
(d) undertake or consent to any other action specified by the inquiry committee.
(2) If the Committee believes a member’s undertaking, acceptance or consent should be documented, it may ask the member to enter into a consent agreement.
(3) A consent agreement shall
(a) include an undertaking, acceptance or consent given by the member under subsection (1),
(b) specify the length of time that an undertaking, acceptance or consent is binding on the member,
(c) specify the procedure that the member may follow to be released from an undertaking, acceptance or consent, and
(d) specify which terms of the Consent Agreement may be disclosed to the public, and the timing of such disclosure.
Mediation
90(1) Where
(a) the inquiry committee determines that the issuance of a citation under bylaw 91 is not warranted, and
(b) the complainant and the member agree to mediation,
the inquiry committee may recommend that a complaint be mediated in accordance with this bylaw.
(2) Following a recommendation under subsection (1), the inquiry committee shall appoint a mediator who is acceptable to the complainant and the member.
(3) The mediator shall conduct the mediation process in accordance with the terms of a written mediation contract executed by the complainant and the member.
(4) Where an agreement between the complainant and the member is reached through mediation, the terms of the agreement may be approved by the inquiry committee.
(5) Where the term of an agreement between the complainant and the member reached through mediation requires the member to undertake or consent to an action referred to in bylaw 84, the inquiry committee may request the member to make such an undertaking or consent where the inquiry committee considers the undertaking or consent to be appropriate in the circumstances.
(6) Where an agreement is approved by the inquiry committee under subsection (5), the inquiry committee shall
(a) report the resolution of the matter to the Board, and
(b) retain a copy of the agreement on file.
(7) Where an agreement is not reached through mediation, the mediator shall refer the matter back to the inquiry committee with or without a commentary on the issues in dispute.
Citation for hearing by discipline committee
91(1) Where directed by the inquiry committee or the Board, the Registrar shall issue a citation that
(a) names the affected member as Respondent,
(b) describes the nature of the complaint or other matter that is to be the subject of the hearing, including the particulars of any evidence in support of that subject matter,
(c) specifies the date, time and place of the hearing, and
(d) advises the Respondent that the discipline committee is entitled to proceed with the hearing in his or her absence.
(2) The Registrar shall have a citation either delivered to the Respondent by personal service or sent by registered mail to the Respondent at the last known address for that person not fewer than 30 days before the date of the hearing.
(3) Where the subject matter of a citation is a complaint, the Registrar shall notify the complainant in writing of the date, time and place of the hearing not fewer than 14 days before the date of the hearing.
(4) The inquiry committee or the Board may direct the Registrar to cancel a citation that has been issued on its direction if the inquiry committee or the Board afterwards determines that a hearing by the discipline committee is not required and the Registrar shall then cancel the citation and notify the Respondent and the complainant, if any, of the cancellation.
(5) On the direction of a panel of the discipline committee, the Registrar may do the following:
(a) join one or more complaints or other matters which are to be the subject of a discipline hearing in one citation as appropriate in the circumstances;
(b) sever one or more complaints or other matters which are to be the subject of a discipline hearing as appropriate in the circumstances;
(c) amend a citation issued under this bylaw.
(6) Where a citation is amended under clause (5)(c) prior to a discipline hearing, the amended citation shall be delivered to the Respondent by personal service or sent by regular mail to the Respondent at the last known address for the person not fewer than 14 days before the date of the hearing.
(7) Where a citation is amended under clause (5)(c) prior to a discipline hearing and the amended citation changes the date, time or place of the hearing, the Registrar shall notify any complainant of the amendment not fewer than 14 days before the date of the hearing.
Discipline Committee
92(1) The discipline committee shall consist of at least three persons appointed by the Board, including at least one Public Representative.
(2) The chair of the discipline committee shall be elected in accordance with bylaws 34 to 36.
(3) The absence of a Public Representative from a meeting of the discipline committee does not invalidate any decisions made by that committee at that meeting.
(4) The discipline committee
(a) shall adjudicate complaints against members and conduct discipline hearings in accordance with this part, and
(b) may approve policies and procedures that are necessary for it to administer the applicable provisions of this part.
Discipline panels
93(1) The chair of the discipline committee shall maintain a roster of members and Public Representatives who can be called upon to sit as members of discipline panels.
(2) The chair of the discipline committee may appoint a panel, consisting of at least three members, one of whom may be a Public Representative, to hear any matter set down for a hearing by citation, and shall designate one member to be the chair of that panel.
(3) When a discipline panel has been appointed pursuant to subsection (1), it may exercise all of the powers and duties assigned to the discipline committee in the remainder of this part.
Avoiding an appearance of bias
94(1) No person may sit on the discipline committee or a panel while he or she is a member of the inquiry committee or a fitness to practice panel.
(2) No member of the discipline committee or a panel may sit on the panel hearing a matter in which he or she
(a) was involved as a member of the inquiry committee or a fitness to practice panel,
(b) has had any prior involvement in the matter, or
(c) has a relationship with either the Respondent or the Complainant that would compromise that member's objectivity.
Discipline Committee hearings
95(1) The discipline committee shall hear and determine a matter that has been set for hearing by a citation issued pursuant to bylaw 91.
(2) The Respondent, an investigator, any member of the inquiry committee, or any other person authorized by the discipline committee may appear as parties and with counsel at a hearing of the discipline committee.
(3) Information about the date, time and subject matter of the hearing shall be provided to any person on request.
(4) A hearing of the discipline committee shall be in public unless
(a) the complainant or the Respondent requests the discipline committee hold the hearing in private, and
(b) the discipline committee is satisfied that a private hearing would be appropriate in the circumstances.
(5) At a hearing of the discipline committee
(a) testimony of witnesses shall be taken on oath, which may be administered by any member of the discipline committee, and
(b) there shall be a full right to cross examine witnesses and call evidence in defence and reply.
(6) Where the Respondent does not attend, the discipline committee may
(a) proceed with the hearing in the Respondent's absence on proof of receipt of the citation by the Respondent, and
(b) without further notice to the Respondent, take any action that it is authorized to take under this Part.
(7) The discipline committee may order a person to attend at a hearing to give evidence and to produce records in the possession of or under the control of the person.
(8) The discipline committee shall provide notice by registered mail or by personal service to a person who is required to attend a hearing under subsection (7).
(9) All discipline hearings shall be recorded.
(10) Where the discipline committee considers the action necessary to protect the public between the time a hearing is commenced and the time it makes an order under bylaw 97, the discipline committee may set limits or conditions on the practice of clinical counselling by the member or may suspend the registration of the member and, for these purposes, bylaw 86 applies.
Disclosure in disciplinary hearings
96(1) At the time a citation is issued pursuant to bylaw 91 or at least 30 days before a hearing scheduled pursuant to bylaw 95, the Registrar shall disclose to the Respondent all information in its possession relating in any way to the allegations set out in the citation, whether it be inculpatory or exculpatory of the conduct of the member.
(2) The information to be disclosed pursuant to subsection (1) includes but is not limited to
(a) the particulars known to the college of the member’s conduct,
(b) the proposed exhibits,
(c) a list of witnesses expected to be called,
(d) copies of witness statements,
(e) the investigators notes, and
(f) the originating complaint.
(3) Subsection (1) does not apply to information that is protected by a recognized form of privileged.
(4) If privileged information is not disclosed in accordance with subsection (3), the Registrar shall at the time a citation is issued or at least 30 days before the scheduled hearing advise the respondent what information is not being disclosed and the reason why.
Action by the Discipline Committee
97(1) On completion of a hearing, the discipline committee may, by order, do one or more of the following:
(a) dismiss the matter;
(b) reprimand the Respondent;
(c) impose limits or conditions on the practice of clinical counselling by the Respondent, including practicing
under supervision for a defined period of time;
(d) suspend the registration of the Respondent for a defined period of time;
(e) cancel the registration of the Respondent;
(f) fine the Respondent in an amount not to exceed $25,000;
(g) assess costs or part of the costs of the investigation of the Respondent's conduct and the hearing of the citation.
(2) An order of the discipline committee under subsection (1) shall be in writing and shall be delivered to the Respondent and to the complainant, if any.
(3) Unless the committee directs otherwise, the Registrar may disclose to any person on request
(a) an order of the discipline committee under subsection (1), or
(b) any reasons the committee may issue in relation to the results of a discipline hearing.
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