1st Session, 34th Legislature,
37 Elizabeth II, 1988
BILL 32 THE MANITOBA INSTITUTE
OF Supply Chain Management Association (SCMA) ACT
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 In this Act,
"certified professional purchaser" means a purchaser who is a member of the Institute and holds a class of membership as is permitted by the by-laws of the Institute to use the designation "Certified Professional Purchaser" and to use after his or her name the initials "SCMP"; ("acheteur professionnel licencié")
"court" means the Court of Queen's Bench for Manitoba; ("tribunal")
"Institute" means the Manitoba Institute of the Purchasing Management Association of Canada; ("Institut")
"purchaser" means any person who is engaged for hire, gain or hope of reward, either directly or indirectly, in procurement or materials management function; ("achateur")
Corporate status and powers
2 The Manitoba Institute of the Purchasing Management Association of Canada Inc. as constituted before the coming into force of this Act, is hereby continued a body corporate under the name of The Manitoba Institute of the Purchasing Management Association of Canada and, subject to the provisions of this Act and the Corporations Act, has the capacity, rights, powers and privileges of a natural person.
Board of directors
3(1) The affairs and business of the Institute shall be managed by a board of directors consisting of not more than nine members a majority of whom shall constitute a quorum.
Constitution of board of directors
3(2) The Institute shall, subject to subsection (1), by by-law provide for the number of members of the board of directors, the method of election or appointment of members and officers of the board of directors and conduct in all other particulars of the affairs of the Institute.
Constitution of officers and directors
3(3) The members of the board of directors and the officers of the Insitute in office on the coming into force of this Act shall continue in office until their successors are elected or appointed as the case may be.
4(1) In addition to its powers under the this Act and the Corporations Act, the Institute may make by-laws not inconsistant with this or any other Act of Legislature
- (a) prescribing the qualifications for and conditions of registration for applicants for membership in the Institute;
(b) prescribing classes of membership and the rights, duties and responsibilities of those classes of membership;
(c) prescribing a curriculum and courses of study to be pursued by applicants for membership and the subjects upon which the applicants shall be examined and providing for the granting of certificates of membership to applicants who have successfully passed the examinations;
(d) regulating and governing the conduct of members of the Institute in the practise of their business or profession by prescribing a code of ethics, rules of professional conduct and standards of practice; and
(e) providing for reprimand, censure, suspension or cancellation of registration of members for professional misconduct, incapacity or incompetence.
Continuation of by-law
4(2) By-laws of the Manitoba Institute of the Purchasing Management Association of Canada Inc. in existence on the coming into force of this Act remain in full force and effect until repealed or amended.
Inspection of by-laws
4(3) The by-laws of the Institute shall be open to examination by the public at the head office of the Institute during normal office hours.
5(1) The Institute shall grant membership in the Institute to any individual who applies therefore in accordance with the by-laws, if the individual
- (a) is of good character;
- (b) has complied with the academic and experience requirements specified in the by-laws for the issuance of membership of the class applied for;
- (c) has passed such examinations and has met such other qualifications as the board of directors may prescribe in accordance with the by-laws; and
- (d) has paid such fee or fees as are prescribed in the by-laws.
Continuation of membership
5(2) Every person appearing or entitled to appear as a certified member of the Manitoba Institute of the Purchasing Management Association of Canada Inc. on the list of certified members thereof on the coming into force of this Act is a certified member of the Institute.
6(1) The Institute shall cause to be kept at the head office of the Institute a register in which shall be entered the names of all members of the Institute in good standing and their class of membership; and only those persons so registered are entitled to the privileges of membership in the Institute.
Inspection of register
6(2) The register shall be open to examination by the public at the head office of the Institute during normal office hours.
7 The head office of the Institute shall be at such a place in Manitoba as may be determined by the board of directors.
Review by board of directors
6(1) Where a person applies to be registered under this Act as a member of the Institute and application is refused, the applicant may, within 15 days after receiving written notice of the refusal, file at the head office of the Institute a written request for a hearing by the board of directors to review the refusal and the board of directors shall, within 30 days after the receipt of the request by the Institute, cause a hearing to be held into the matter and may confirm the decision or cause the applicant to be registered.
Application to subsections, 9(2) to (6)
8(2) Subsections 9(2), (3), (4), (5) and (6) apply with such modifications as the circumstances require to a hearing conducted under subsection (1).
Complaint of misconduct
9(1) Subject to subsection (2), where a written compliant is made to the board of directors at the head office of the Institute that a member has
- (a) been guilty of professional misconduct; or
- (b) contravened a provision of this Act or the by-laws of the Institute;
the board of directors may hold a hearing into the complaint.
Notice of hearing
9(2) Before holding a hearing under subsection (1), the board of directors shall, at least 15 days before the date of the hearing, cause to be served upon the member against whom the complainte is made, by personal service, or by registered or certified mail postage prepaid, addressed to the address of the member as recorded in the records of the Institute, a statement of the particulars of the complaint and a notice of the date, time and place of the hearing; and a statement or notice sent by registered or certified mail shall be deemed to have been served on the day after the day on which it was mailed.
Rights of the member
9(3) Where the board of directors holds a hearing into complaint against a member, the member is entitled to be present and to be represented by council or an agent and to cross-examine witnesses and adduce evidence at the hearing.
Hearing in absence of person
9(4) Where service of notice of the hearing on the member against whom the complaint is made is proved by affidavid or viva vcce evidence, and the member against whom the complaint has been made does not attend or give good and sufficient reason to the board of directors for failing to attend, the board of directors may proceed with the hearing in the absence of and without further notice to the member and take such action as is authorized under this Act.
Evidence and witnesses
9(5) In conducting a hearing under this section, the board of directors has the same powers of taking evidence, of compelling the attendance of witnesses and the production of books, papers and documents, as a commissioner appointed to hold a public inquiry under Part V of the Manitoba Evidence Act under that Act.
Evidence to be sworn
9(6) All evidence received at a hearing under this section shall be given under oath and taken down in writing or otherwise recorded by a reporter duly sworn.
Decision of board of directors
9(7) Where, after completing a hearing into a complaint against a member, the board of directors finds that the member
- (a) is guilty of professional misconduct;
- (b) has contravened a provision of this Act or the by-laws of the Institute;
it may, subject to the by-laws, reprimand, censure, suspend the registration of, or cancel the registration of, the member against whom the complaint is made, and it may order the member to pay all or any part of the costs and expences incurred by the Institute in and for the investigation of the complaint and the conduct of the hearing.
Committee of three to hold hearing
9(8) Notwithstanding subsection 3(1), any hearing held pursuant to sections 8 or this section shall be heard by a committee consisting of three members of the board of directors of the Institute.
Appeal from order of board of directors
10(1) Any person who considers himself aggrieved by an order or decision of the board of directors relating to
- (a) a refusal of registration; or
- (b) a suspension or cancellation of registration; or
- (c) a reprimand or censure;
may appeal from the order or decision to a judge of the court at any time within two months from the date of the order or decision.
Order of judge
10(2) The judge may, upon hearing of the appeal, make such order or decision relating thereto and as to costs, as the court considers just.
Method of commencing appeal
10(3) An appeal under subsection (1) shall be made by originating notice of motion returnable before a judge of the court and shall be founded upon the record of proceedings and reports relating thereto and the order or decision of the board of directors in the manner, certified by the person responsible for maintaining the register.
Institute shall furnish copy
10(4) The Institiute shall, upon the request of a person desiring to appeal, furnish to that person at the expense of the person a certified copy of all proceedings, reports, orders and papers upon which the board of directors acted in making the order of decision in respect of which the appeal is taken.
Failure to file transcript of evidence
10(5) If a transcript of evidence of a hearing is obtainable and the appellant has not filed two copies thereof with the court within 30 days of the date of receipt by the appellant of the transcript, the appeal shall be deemed to be abandoned unless the court has extended the time for filing of the transcript.
No practice pending appeal
10(6) Except as provided in section 11, a member whose registration has been suspended or cancelled under this section shall not use the designation "Certified Professional Purchaser" and shall not use after his or her name the initials "SCMP" within the province.
Effect of suspension and cancellation
11 Where the registration of a member is suspended or cancelled under section 9 and the suspension or cancellation is not set aside under section 10, the member shall not use the designation "Certified Professional Purchaser" and shall not use after his or her name the initials "SCMP" within the province until the suspension expires or the registration, where cancelled, is renewed.
No action to lie
12 No action lies against the board of directors, any committee of the board of directors, any member, or any officer or employee of the Institute, for any act or proceedings taken or enforced or attempted under this Act or a by-law of the Institute, if the act or proceeding was taken, enforced or attempted in good faith without malice.
13 (1) Every certified professional purchaser may use the designation "Certified Professional Purchaser" and may use after his or her name the initials "SCMP" indicating that he or she is a Certified Professioanl Purchaser.
13 (2) Any person who, not being a Certified Professional Purchaser, takes or uses the designation, "Certified Professional Purchaser" alone or in combination with any other word, name, title or description, or who implies, suggests or holds out that he or she is a Certified Professional Purchaser is guilty of an offence and liable to a fine not exceeding $500.00 for the first offence and not exceeding $1,000.00 for a subsequent offence.
Rights of non-members
14 This Act does not affect or interfere with the right of any person who is not a member of the Institute
- (a) to practice as a purchaser in Manitoba; or
- (b) to use the initials "SCMP" after his or her name so long as the person is not a purchaser.
Conflict with The Corporations Act
15 Where a provision of this Act is inconsistent with or repugnant to any provision of The Corporations Act, the provision of this Act prevails.
Reference in Continuing Consolidation
16 This Act may be referred to as chapter P310 in the Continuing Consolidation of the Statutes of Manitoba.
Commencement of Act
17 This Act comes into force on the day it receives the royal assent.