ACTS OF 2002
1 This Act may be cited as the Canadian Information Processing Society of Nova Scotia Act. 2002, c. 3, s. 1.
3 There is hereby established a body corporate to be known in English as the Canadian Information Processing Society of Nova Scotia and to be known in French as L'Association canadienne de l'informatique de Nouvelle Écosse. 2002, c. 3, s. 3.
(a) enhance the professional standing of its members by actively promoting the designations reserved by this Act through a program of education and support within the Province and by emphasizing the benefits of the designations to members and employers alike, and provide such program in co-operation with the Canadian Information Processing Society-National and its local sections; and
(a) acquire and take by purchase, donation, devise, bequest or otherwise real and personal property and hold, enjoy, sell, exchange, lease, let, improve and develop the same and erect and maintain buildings and structures;
(g) make by-laws not inconsistent with this Act or any provision of law for the conduct and management of its activities and affairs and, without restricting the generality of the foregoing, make by-laws
(ii) establishing classes of membership of which one class is certified membership, with power to confer and impose on each class of members such duties, rights and privileges as may be set out in the by-laws and with further power to prescribe the academic and experience requirements for and conditions and qualifications required for admission into any class of membership,
(iii) regulating and governing the conduct of members in the practice of their profession by prescribing a code of ethics, rules of professional conduct and standards of practice, establishing and maintaining a discipline committee, providing for the suspension, expulsion or other penalties for contravention of the code, rules or standards and providing for appeals and procedures relating to appeals from decisions of the discipline committee,
(x) establishing a Board of Directors of the Society with power to determine the composition of the Board, the manner in which the members of the Board are appointed or elected by the members of the Society and their terms of office,
(xi) prescribing the duties and powers of the Board, with power to vest in the Board any corporate power of the Society and to prescribe the terms, conditions or limitations, if any, under which such power is vested in or may be exercised by the Board,
(xiv) establishing offices of the Society, assigning a name to each office, establishing the manner in which officers are appointed or elected and their terms of office and imposing and conferring powers and duties on each officer,
(xvi) establishing procedure at meetings of the members of the Society and the Board, with power to establish the notice required to convene meetings, the procedure for convening meetings, the order of business at meetings and what constitutes a quorum at a meeting, with further power to provide for voting by proxy.
(2) Any surplus derived from carrying on the affairs and business of the Society shall be applied solely in promoting and carrying out its objects and shall not be divided among its members. 2002, c. 3, s. 8.
(3) The composition of the Board and the manner of its election, quorum for directors' meetings, notification of the electors of the time and place of holding elections, nomination of candidates, presiding officers at elections, taking and counting of votes, casting votes in the case of an equality of votes, tenure of office of members of the Board and other necessary details shall be as set out in the by-laws of the Society.
(4) In the event of death, resignation or incapacity of any member of the Board, the remaining members shall fill the vacancy for the balance of the term in the manner provided by the by-laws of the Society. 2002, c. 3, s. 9.
(2) No person shall use a designation set out in subsection (1) or any combination or form of words or initials to suggest that the person is entitled to use that designation as a member of the Society unless that person is, according to the by-laws of the Society, included in the class of members of the Society that are entitled to use that designation.
(3) Nothing in this Act affects the right of a person who is not a member of the Society to practise or be employed as an information technology professional as long as that person does not use the designation referred to in subsection (1). 2002, c. 3, s. 11.
(2) Where a person does or attempts to do anything contrary to this Act or the by-laws, the Board may apply to a judge of the Supreme Court of Nova Scotia for an injunction or other order and the judge may make any order that the justice of the case requires.
(3) No action lies against the Society, the Board, a member of the Board, a custodian or any committee, officer, appointee or employee of the Society or the Board for anything done or omitted to be done in good faith pursuant to this Act, or the by-laws, regulations, policies or standards adopted pursuant to this Act. 2002, c. 3, s. 12.
13 In a prosecution of an offence under this Act, a certificate purporting to be the certificate of the President or a Vice-president of the Society that a person is or is not a member of that class of members that is, according to the by-laws, entitled to use a designation referred to in Section 11, is prima facie proof that that person is or is not a member of that class. 2002, c. 3, s. 13.
14 (1) A person who has been refused membership or certification or a person who has been subject to a disciplinary sanction under the by-laws of the Society may, within thirty days of the date of the decision, appeal to the Board from the refusal to grant membership or certification or from the sanction.
(3) The Board may affirm or rescind the decision being appealed, may substitute its opinion for that of any committee of the Society, may refer the matter back to a committee for rehearing in whole or in part or may direct a committee to take such action as the Board considers appropriate.
15 (1) Upon the request of a person desiring to appeal to the Board and upon payment of a reasonable fee, the secretary shall give the person a certified copy of the record of the proceeding that resulted in the refusal to grant membership or certification or the imposition of a sanction, including the documents submitted and the decision appealed from.
(2) A copy of the register, certified by the secretary of the Society as a true copy, shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of a person's membership and class of membership in the Society.
(3) A certified document purporting to be signed by the secretary of the Society is proof, in the absence of evidence to the contrary, that such person is the secretary, without proof of the person's signature or the person being in fact the secretary.
(4) The absence of the name of any person from a copy of the register certified by the secretary of the Society as a true copy is proof, in the absence of evidence to the contrary, that the person is not registered as a member of the Society. 2002, c. 3, s. 15.
(2) A by-law of the former Society, in effect immediately before the coming into force of this Act, that is not inconsistent with this Act, continues as a by-law of the Society until it is amended or repealed pursuant to this Act.
(3) Each person who, immediately before the coming into force of this Act, is an officer or director of the former Society, is an officer or director of the Society, as the case may be, until that person ceases to be an officer or director of the Society.
(7) A reference in any enactment or in any deed, lease, will, trust indenture or other document to the former Society shall, with respect to any subsequent transaction, matter or thing, be construed to be a reference to the Society. 2002, c. 3, s. 16.
Proclaimed - October 10, 2002
In force - October 10, 2002