600 Appeals to Council
601 Structure and powers with respect to appeals
(1) All appeals to the Council shall be heard and determined by a panel of not less than five (5) members of Council, as appointed by the Council to hear the appeal.
(2) The panel of Council shall
(a) hear appeals from decisions and/or orders of the Discipline Committee ; and
(b) conduct reviews of the final decisions of the Membership Committee.
(3) Any member or student found guilty of any charge by the Discipline Committee may appeal against any decision and/or order made by the Discipline Committee.
(4) Any applicant or grandparented student dissatisfied with the final decision made by the Membership Committee may request a review of the decision by the Council.
(5) Upon any appeal or review, the panel of Council shall have all of the powers conferred on the Discipline Committee or the Membership Committee , as the case may be, and, in addition shall have the power by order to confirm, reject or vary any decision of the Discipline Committee or the Membership Committee and to make any order which, in its discretion, the nature of the case or natural justice may require.
(6) The decision of the panel of Council in any particular case shall be final, binding and conclusive for all purposes, subject only to an appeal to the Court of Queen's Bench as provided for in Section 20 of the Act.
(7) The panel of Council shall advise the parties to its proceedings of the disposition of every appeal and review taken to it.
(8) The procedure before and at any appeal under this bylaw shall be in accordance with the provisions of Bylaws 550 through 580.
602 Relief in a particular case
Notwithstanding any other provision in the bylaws, the panel of Council may, in particular cases, proceed in such manner and grant such relief as the nature of the case or natural justice may require.
603 Notice of appeal or request for review
(1) Any appeal or request for review must be made by filing a written notice of appeal or request for review and in the case of an appeal of an order of the Discipline Committee,
(a) a bond in an amount equal to one-half of any fine ordered by the Discipline Committee pursuant to Bylaw 530(2)(b), such amount to be subject to a maximum of $5,000 for any appeal of any order of the Discipline Committee made pursuant to Bylaw 530(2); and
(b) either
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a written confirmation that a transcript of the Discipline Committee proceeding has been ordered pursuant to Bylaw 605; or |
| (ii) |
a written notice that an application to dispense with the requirement of filing a complete transcript will be filed pursuant to Bylaw 606, |
with the Chief Executive Officer or his or her designate within ten (10) days of the date the party appealing or making the request has been served with a copy of the decision and/or order of the Discipline Committee or Membership Committee , as the case may be, and unless written notice of appeal or request for review, accompanied by either the confirmation or the application referred to above, is given as required by the bylaws, the decision and/or order of the Discipline Committee or the Membership Committee, as the case may be, in any particular case shall be final, binding and conclusive for all purposes, subject only to an appeal to the Court of Queen's Bench as provided for in Section 20 of the Act.
(2) The Chief Executive Officer or his or her designate shall promptly, upon receiving a notice of appeal or request for review give notice of it to the other party to the proceeding.
604 Grounds for appeal or review and relief sought
Any notice of appeal or request for review shall be made in the form prescribed by the Council, and shall set out the grounds for appeal or review and shall state the relief asked and, in the case of appeals, whether the member appealing wishes the appeal to proceed on the basis of the record of the proceedings before the Discipline Committee, or by way of a hearing de novo. Further, in instances where the relief asked is
(a) a change in any finding on which the decision and/or order of the Discipline Committee or Membership Committee as the case may be, was based, then the finding and the change requested shall be set forth in the notice or request for review,
(b) the setting aside of, or a change in, the whole or any part of any decision and/or order and, in that case, such part of the decision and/or order shall be set forth in the notice or request for review, or
(c) in the case of an appeal, a new formal hearing of the whole or a particular aspect of the charge by the panel of Council, and in the latter case, any such particular aspect of the charge shall be set forth in the notice.
Except by leave of the panel of Council and upon application duly made in accordance with the provisions of the bylaws, no ground for appeal, or review may be put forth, and no relief may be asked at the hearing, which is not included in the notice of appeal or request for review.
An appeal to the panel of Council shall proceed on the basis of a hearing of the record of the proceedings before the Discipline Committee, unless the member appealing has requested the hearing de novo in the notice of appeal. If the member appealing has requested a hearing de novo, the panel of Council after hearing submissions from the member, shall decide in its absolute discretion whether to proceed on the basis of the record of proceedings before the Discipline Committee, or on the basis of a hearing de novo.
605 Obtaining transcripts
Where an appeal is taken from a decision and/or order of the Discipline Committee, the party appealing shall, subject to Bylaw 606, obtain, pay for and file, within the time prescribed by the Council, a complete transcript of the Discipline Committee proceedings, and that transcript shall be conclusive evidence of the proceedings for the purposes of the appeal.
606 Dispensing with transcript
(1) A party to any appeal may file within five (5) days of the notice of appeal an application to dispense with the requirement of filing a complete transcript as provided in Bylaw 605.
(2) The application shall set out the grounds upon which the applicant believes that a complete transcript is not required for the appeal. (3) Upon hearing the application and any opposition to it from the opposing party, the chair of the panel of Council may, in his or her absolute discretion, dispense with the requirement of filing a complete transcript as provided in Bylaw 605 and may order instead that the party appealing file only those portions of the transcript as bear upon the grounds set forth in the notice of appeal.
607 Establishing hearing date(s)
(1) When a notice of appeal or request for review is duly given, the Chief Executive Officer or his or her designate shall promptly give notice to the parties to the proceedings of the time and place appointed for a hearing.
(2) The parties shall be entitled to at least ten (10) days notice of the time and place appointed for the hearing.
608 Amendment of notice of appeal or request for review
(1) Any notice of appeal or request for review may be amended at the hearing with leave of the panel of Council, either upon the consent of the parties to the proceeding or provided that notice of application for amendment setting out the proposed amendment was served upon the other party and the Chief Executive Officer or his or her designate at least five (5) days prior to the date appointed for the hearing.
(2) Where an amendment is made pursuant to this bylaw, a reference in the bylaws to a "notice of appeal" or "request for review" thereafter shall mean the notice of appeal or request for review as amended.
609 Member of tribunal of first instance not to participate in appeal or review hearing
A member of the Discipline Committee, Professional Conduct Committee or Membership Committee, as the case may be, who has participated in the hearing of a charge or application by that committee shall not participate in any hearing before the panel of Council in the same matter.
[The next bylaw is Bylaw 701]
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