[36] Projet de loi 83 Original (PDF)
Municipal Law Enforcement Officers'
Association (Ontario) Inc. Act, 1997
EXPLANATORY NOTE
The purpose of the Bill is set out in the Preamble.
Bill Pr1997
An Act respecting the Municipal Law
Enforcement Officers' Association (Ontario) Inc.
Preamble
The Municipal Law Enforcement Officers' Association (Ontario) Inc. has applied for special legislation to enable it to grant to certain of its members the right to use the designations "Municipal Law Enforcement Officers (Certified)" and "M.L.E.O.(C)". The applicant represents that it is a corporation.
It is appropriate to grant the application.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Association continued
1. (1) The Municipal Law Enforcement Officers' Association (Ontario) Inc. is continued as a corporation without share capital under the same name.
Members of Association
(2) The persons registered as members of the Association on the day this Act comes into force and such other persons who later become members of the Association constitute the corporation.
Continuation of present board
(3) The members of the board of directors and the officers of the Association in office immediately before the coming into force of this Act are continued in office until their successors are elected or appointed under this Act.
Letters patent revoked
(4) The letters patent and supplementary letters patent of the Association are revoked, but their revocation does not affect the rights or obligations of the Association or any by-law, resolution or appointment of the Association except to the extent that the by-law, resolution or appointment is inconsistent with this Act.
Special Act corporation
(5) The Association shall be deemed to be a corporation incorporated by a special Act.
Objects
2. The objects of the Association are,
(a) to bring members of the Association into helpful association with each other and similar organizationsin order to advance their knowledge and professional skills;
(b) to promote the attainment of acceptable standards of ethics, practices and procedures for the enforcement of provincial Acts and municipal by-laws;
(c) to identify, consider and recommend amendments to provincial Acts and regulations for the purpose of improving the standards of municipal law enforcement;
(d) to encourage the distribution of information of interest pertaining to provincial statutes and municipal by-laws by means of bulletins, training seminars, meetings and other methods of communication;
(e) to encourage and assist in the development of educational and training programs for municipal law enforcement officers;
(f) to co-operate with other municipal associations or technical groups and all levels and committees of government for the purpose of encouraging standards and practices as they relate to the enforcement of provincial Acts and municipal by-laws;
(g) to promote and maintain the professional standards of municipal law enforcement officers;
(h) to provide formal training and continuing education to its members.
By-laws
3. (1) The board of directors of the Association may pass by-laws regarding such matters as are necessary to manage the affairs and carry out the objects of the Association.
Same
(2) Without restricting the generality of subsection (1), the board may pass by-laws,
(a) establishing classes of membership in the Association and prescribing the qualifications for and conditions of registration in,
(i) the class of members who are certified municipal law enforcement officers, and
(ii) other classes of members;
(b) prescribing courses of study and examinations for different classes of membership and for grantingcertificates to persons who have successfully passed the examinations;
(c) prescribing requirements for certificate holders to retain their certificates;
(d) providing for the continuing education of members of the Association;
(e) regulating and governing the conduct of members of the Association in the practice of their profession by prescribing rules of behaviour and standards of practice and ethics and by providing for the suspension, expulsion or other penalty for contravention of the rules or standards;
(f) prescribing fees payable to the Association.
Membership
4. The Association shall grant membership in the Association to any individual who applies for it, in accordance with the by-laws, if the individual,
(a) is at least 18 years old;
(b) has complied with the academic and experience requirements specified in the by-laws of the Association for the issuance of membership; and
(c) has passed such examinations as the board of directors of the Association may set or approve.
Register
5. (1) The registrar of the Association shall keep a register which shall show the names of all members of the Association in good standing and their class of membership.
Same
(2) Only those persons whose names appear in the register are members entitled to the privileges of membership in the Association.
Examination of register
(3) The register shall be open to examination by the public at the head office of the Association during normal office hours.
Designation
6. (1) Every member of the Association who is registered as having satisfied the qualifications required by a by-law made under subclause 3 (2) (a) (i) may use the designations "Municipal Law Enforcement Officer (Certified)" and "M.L.E.O.(C)".
Offence
(2) Any person who is not registered as described in subsection (1) is guilty of an offence if he or she takes or uses the designation "Municipal Law Enforcement Officer (Certified)" or "M.L.E.O.(C).", either alone or in combination with any other word, name, title, initial or description.
Same
(3) Any person who is not a registered member of the Association is guilty of an offence if he or she implies, suggests or holds out that he or she is a member of the Association.
Appeals re membership or sanctions
7. (1) A person who has been refused membership or who has been subject to a disciplinary sanction under the by-laws of the Association may appeal to the Divisional Court from the refusal to grant membership or from the sanction.
Copy of record
(2) Upon the request of a party desiring to appeal to the Divisional Court and upon payment of a reasonable fee, the registrar shall provide the party with a certified copy of the record of the proceeding that resulted in the refusal to grant membership or the imposition of a sanction, including certified copies of the documents received in evidence at the proceeding.
Grounds for appeal
(3) An appeal under this section may be made on questions of law or fact or both.
Powers of court
(4) The court may affirm or rescind the decision being appealed, may substitute its opinion for that of the Association, may refer the matter back to the Association for rehearing in whole or in part or may direct the Association to take such action as the court considers appropriate.
Evidence
8. (1) A copy of the register, certified by the registrar 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 Association.
Same
(2) A certificate purporting to be signed by the registrar is proof, in the absence of evidence to the contrary, that such person is the registrar without proof of the signature or of that person being in fact the registrar.
Same
(3) The absence of the name of any person from a copy of the register, certified by the registrar 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 Association.
Right to practise unaffected
9. (1) This Act does not affect or interfere with the right of any person who is not a member of the Association to practise as a municipal law enforcement officer in the Province of Ontario or to be employed by a municipality or a police services board as a municipal law enforcement officer.
Police Services Act unaffected
(2) This Act does not affect or interfere with the appointment and regulation of municipal law enforcement officers under the Police Services Act.
Surplus
10. Any surplus derived from carrying on the affairs and business of the Association shall be applied solely in promoting and carrying out its objects and shall not be divided among its members.
Commencement
11. This Act comes into force on the day it receives Royal Assent.
Short title
12. The short title of this Act is the Municipal Law Enforcement Officers' Association (Ontario) Inc. Act, 1997.