| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada | IMPORTANT INFORMATION |
1 In this Act:
"board" means the board established under section 17 (1) for a college;
"bylaw" means a bylaw for a college made under section 19 or 49;
"college" means, in relation to a designated health profession, its college established under section 15 (1);
"designated health profession" means a health profession designated for the purposes of this Act under section 12 (1);
"discipline committee" means the discipline committee for a college as established by a bylaw under section 19 (1) (t);
"health profession" means a profession in which a person exercises skill or judgment or provides a service related to
(a) the preservation or improvement of the health of individuals, or
(b) the treatment or care of individuals who are injured, sick, disabled or infirm;
"health profession association" means a society, as defined in the Society Act, whose members are persons practising a health profession;
"health profession corporation" means a corporation to which a permit has been issued under section 43;
"inquiry committee" means the inquiry committee for a college as established by a bylaw under section 19 (1) (t);
"inspector" means an inspector for a college under section 27;
"minister" includes a person who, to carry out a power, duty or function described in sections 7 to 10,
(a) is employed in the minister's ministry, or
(b) is retained on behalf of the minister;
"registrant" means, in respect of a designated health profession, a person who is granted registration as a member of its college in accordance with section 20;
"registrar" means the person appointed as registrar for a college under section 21 (1);
"registration committee" means the registration committee for a college as established by a bylaw under section 19 (1) (t).
Part 2 — Designated Health Professions
7 (1) A health profession association seeking designation of its health profession under this Act must apply to the minister.
(2) An application under subsection (1) must be in the form and contain the information required by the minister and must be submitted with the prescribed fee.
(3) On receiving an application under subsection (1), the minister may
(a) refuse the application without investigation,
(b) act under section 10, or
(c) conduct an investigation the minister considers necessary to determine whether the health profession should be designated under this Act.
8 The minister may, in the absence of an application under section 7 (1), investigate a health profession to determine whether it should be designated under this Act.
9 (1) If the minister decides to conduct an investigation under section 7 (3) (c) to determine whether a health profession should be designated under this Act, the minister must give public notice of the investigation in the Gazette.
(2) Without limiting an investigation under this Act, the minister may do one or more of the following for the purposes of the investigation:
(a) require the health profession association to provide further information;
(b) examine the directors and officers of the health profession association;
(c) seek the advice of other associations, organizations or persons;
(d) if the minister considers the action to be in the best interests of the health profession association or the public, hold hearings the minister considers necessary in a manner the minister determines;
(e) determine what services practitioners of the health profession provide to persons who require care and treatment within the scope of that health profession;
(f) evaluate the degree of risk to the health or safety of the public from incompetent, unethical or impaired practice of the health profession;
(g) evaluate the degree of supervision that may be necessary or desirable for a person practising the health profession;
(h) assess the degree of supervision that a person practising the health profession receives or is likely to receive with respect to that practice;
(i) determine what educational programs exist in British Columbia or elsewhere for the proper education and training of persons with respect to the practice of the health profession and evaluate the content of those programs;
(j) do other things that the minister considers necessary and incidental to the consideration of the application or matter.
(3) If the minister holds a hearing under subsection (2) (d), the minister may order a person to attend the hearing, to give evidence and to produce records in the possession of or under the control of the person.
(4) On application by the minister to the Supreme Court, a person who fails to attend or to produce records as required by an order under subsection (3) is liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.
(5) Subject to the regulations, the minister may charge to a health profession association part of the costs, including the administrative costs, incurred by the minister to conduct an investigation regarding the health profession association's application under section 7 (1).
10 (1) If the minister receives an application under section 7 (1), the minister must determine whether it would be in the public interest to designate a health profession under this Act, having regard to the information obtained during any investigation and in accordance with the prescribed criteria, if any.
(2) If the minister concludes under subsection (1) that it is contrary to the public interest to designate the applicant a health profession, the minister must refuse the application and provide the applicant with reasons for the refusal.
(3) [Not in force. Repealed 2003-57-1.]
11 The Lieutenant Governor in Council may make regulations respecting the following:
(a) fees, or rates or levels of fees, to be submitted with an application under section 7 (1);
(b) limits on the minister's authority to charge costs under section 9 (5);
(c) criteria to be applied under section 10 (1) in determining whether it would be in the public interest to designate a health profession under this Act.
12 (1) The Lieutenant Governor in Council may, by regulation, designate a health profession.
(2) In respect of a designated health profession, the Lieutenant Governor in Council may, by regulation, prescribe the following:
(a) the name of the college established under section 15 (1) for the health profession;
(b) one or more titles to be used exclusively by registrants;
(c) services that may be performed by registrants;
(d) limits or conditions on the services that may be performed by registrants;
(e) services that may be performed only by registrants;
(f) services that may be performed under the supervision of a registrant by a person who is not a registrant;
(g) services that may be performed by a registrant despite a limitation or prohibition under the regulations, the bylaws or another enactment;
(h) whether the college is designated for the purposes of section 16 (2) (f).
(2.1) A designation under subsection (1) and regulations under subsection (2) may recognize that 2 or more health professions are included in the designation.
(2.2) If subsection (2.1) applies to a college, this Act, the regulations or the bylaws of the college may be applied to
(a) each health profession separately, or
(b) 2 or more health professions jointly.
(3) Subject to subsection (4), notice of a proposal to make, amend or repeal a regulation under this section must be given to the college of each health profession prescribed for the purpose of this subsection at least 3 months before the regulation, amendment or repeal comes into force.
(4) A notice period of less than 3 months applies for the purposes of subsection (3) if the minister specifies this shorter notice period.
13 (1) If a regulation under section 12 (2) (d) limits the services that may be performed in the course of practice of a designated health profession, a registrant must limit his or her practice of that designated health profession in accordance with the regulation.
(2) If a regulation under section 12 (2) (e) prescribes a service that may only be performed by a registrant of a particular college,
(a) a person other than a registrant of the college must not perform the service, and
(b) a person must not recover any fee or remuneration in any court in respect of the performance of the service unless, at the time of performance, the person was a registrant of the college or a corporation entitled to provide the services of a registrant of the college.
(3) If a regulation under section 12 (2) (f) prescribes a service that may only be performed by or under the supervision of a registrant of a particular college,
(a) a person other than a registrant of the college must not perform the service unless he or she does so under the supervision of such a registrant, and
(b) a person other than a registrant of the college or a corporation entitled to provide the services of a registrant of the college must not recover any fee or remuneration in any court in respect of the performance of the service unless, at the time of performance, the person performing the service was supervised by such a registrant.
(4) A person other than a registrant of a college must not use a name, title, description or abbreviation in any manner that expresses or implies that he or she is a registrant or is associated with the college.
14 Despite section 13, nothing in this Act, the regulations or the bylaws prohibits a person from
(a) practising a profession, discipline or other occupation in accordance with this or another Act, or
(b) providing or giving first aid or temporary assistance to another person in case of emergency if that aid or assistance is given without gain or reward or hope of gain or reward.
14.1 (1) The liability of a registrant for professional negligence is not affected by the fact that the registrant practises the designated health profession as an employee of a corporation.
(2) The relationship of a registrant to a corporation, whether as a shareholder, director, officer, agent, trustee, contractor or employee of the corporation, does not affect, modify or diminish the application to the registrant of this Act, the regulations and the bylaws.
(3) Nothing in this Act affects, modifies or limits any law that applies to the fiduciary, confidential or ethical relationships between a registrant and a person receiving the professional services of the registrant.
(4) The relationship between a corporation and a person receiving services provided by the corporation is subject to all applicable law relating to the fiduciary, confidential and ethical relationships that exist between a registrant and the registrant’s client.
15 (1) A college is established for a health profession on designation of the health profession under section 12 (1).
(2) A college established under subsection (1) is a corporation consisting of
(a) the members of the board appointed under section 17 (2) (a), until the first election to the board referred to in section 17 (3), and
(b) the persons who are registrants of the college.
(3) For the purposes of this Act, the regulations and its bylaws, a college may acquire, hold and dispose of land and other property.
(3.1) A college may borrow or raise money, or guarantee or secure the payment of money, for the purposes of this Act.
(4) The Business Corporations Act does not apply to a college unless the Lieutenant Governor in Council, by order, provides that specified provisions of that Act apply to the college, in which case the specified provisions apply.
16 (1) It is the duty of a college at all times
(a) to serve and protect the public, and
(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.
(2) A college has the following objects:
(a) to superintend the practice of the profession;
(b) to govern registrants according to this Act, the regulations and the bylaws of the college;
(c) to establish standards of academic or technical achievement and the qualifications required for registration as a member of the college;
(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst registrants;
(e) to establish and maintain a continuing competency program to promote high practice standards amongst registrants;
(f) to establish, for a college designated under section 12 (2) (h), a patient relations program to seek to prevent professional misconduct of a sexual nature;
(g) to establish, monitor and enforce standards of professional ethics amongst registrants;
(h) to require registrants to provide to an individual access to the individual's health care records in appropriate circumstances;
(i) to inform individuals of their rights under this Act, the regulations and the bylaws of the college and the Freedom of Information and Protection of Privacy Act;
(j) to administer the affairs of the college and perform other duties through the exercise of the powers conferred by this Act, the regulations or the bylaws.
17 (1) For each college established under section 15, there is a board.
(2) The minister must
(a) appoint persons to the first board for a college, who hold office until the time at which the board members referred to in subsection (3) (a) and (a.1) are first elected, and
(b) specify the date on or before which the first election referred to in paragraph (a) must be held.
(3) Following the first election referred to in subsection (2) respecting a college, the board for the college consists of the following:
(a) not fewer than 3 registrants elected in accordance with the bylaws;
(a.1) the non-registrants described in section 19 (1) (l.2) elected in accordance with the bylaws;
(a.2) the non-registrants described in section 19 (1) (l.2) appointed by the board in accordance with the bylaws;
(b) not fewer than 2 persons appointed by the minister.
(4) The number of persons appointed under subsection (3) (b)
(a) must not be less than 1/3 of the total board membership, and
(b) must not be more than the total number of persons elected or appointed under subsection (3) (a) to (a.2).
(5) A member of a board who has resigned or whose appointment or term of office has expired may, even if a successor is appointed or elected, continue to serve as a member of a committee established under section 19 (1) (t) to complete work of the committee that began before the resignation or expiry.
(6) Persons appointed by the minister under subsection (2) (a) or (3) (b) need not be registrants or eligible to be registrants.
17.1 (1) Immediately after an election the registrar must
(a) certify the person who is elected as a member of the board, and
(b) specify in the certificate the dates the member's term of office begins and ends.
(2) Subject to this section, a certificate under subsection (1) is conclusive evidence that the person named in the certificate has been elected a member of the board.
(3) A registrant may question a certificate under subsection (1) by petition to the Supreme Court within 30 days of the certificate being issued by the registrar setting out the grounds on which the registrant questions the certificate.
(4) A petition must be served on the registrar and on the person certified to be elected.
(5) A petition must be heard in a summary way.
(6) The court may give directions on procedure and on persons to be served with the petition.
(7) The court may decide that a person was elected or may order a new election and give directions.
(8) A decision of the court is not subject to appeal and the college and all other persons must be governed by it.
(9) Subsection (1) applies and subsection (3) does not apply to a new election held under subsection (7).
17.2 (1) A board may appoint an executive committee to exercise the powers and perform the duties and functions of the board that are specified in the bylaws.
(2) An executive committee must be composed of members of the board and at least one third of the members of the executive committee must be persons referred to in section 17 (3) (b).
(3) A reference in this Act or the bylaws to a board includes reference to its executive committee if the board has specified under subsection (1) that the executive committee is to exercise the power or perform the duty or function covered by the reference.
18 (1) A board must govern, control and administer the affairs of its college in accordance with this Act, the regulations and the bylaws.
(2) A board must submit an annual report respecting its college, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the college.
18.1 (1) If the minister considers it necessary in the public interest, the minister may appoint a person to inquire into
(a) any aspect of the administration or operation of a college, or
(b) the state of practice of a health profession in
(i) British Columbia,
(ii) a locality, or
(iii) a facility.
(2) Subsection (1) includes inquiry into an exercise of a power or a performance of a duty, or the failure to exercise a power or perform a duty, under this Act, the regulations or the bylaws of a college or its board.
(3) A person appointed under subsection (1) has the power, privileges and protection of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
(4) A person appointed under subsection (1) must comply with any term of reference the minister may establish concerning the conduct of the inquiry.
(5) The expenses incurred by the government under this section respecting a college are a debt due and owing by the college to the government.
18.2 (1) On the completion of an inquiry under section 18.1, the Lieutenant Governor in Council may issue a directive to the board concerning which the inquiry was conducted.
(2) A directive under subsection (1)
(a) may require the board to exercise the powers or perform the duties or functions of the board under this Act, the regulations or the bylaws of the college to address the issues that were the subject of the inquiry under section 18.1,
(b) despite paragraph (a), must not require the board to
(i) adopt a standard, limit or condition under section 19 (1) (k), (l), (l.4), (m) or (n) in a form specified by the directive, or
(ii) do anything under section 20 or Part 3 concerning a specific registrant as defined in section 26, and
(c) may include a requirement that a board submit a written report to the minister, within the time specified in the directive, detailing the measures the board has taken to implement that directive.
(3) A board must comply with a directive issued to it under this section.
19 (1) A board may, by bylaw for its college, do the following:
(a) establish the number of members of the board to be elected under section 17 (3) (a);
(b) establish the time, manner and procedure for the election of registrants to the board under section 17 (3) (a);
(c) regulate the time, place, calling and conduct of meetings of the board and general meetings of registrants;
(d) establish the quorum for meetings of the board, resolutions of the board and general meetings of registrants;
(e) establish the terms of office of elected members of the board, the grounds and procedures for removing elected members of the board before their terms of office have expired and the manner by which vacancies on the board may be filled;
(f) establish forms for the purposes of the bylaws and require use of the forms by registrants;
(g) provide for the appointment, removal, functions and duties of officers of the college;
(h) [Repealed 2003-57-9.]
(i) establish classes of registrants and specify if members of a class are eligible to vote in an election referred to in section 17 (3) (a) or to be elected under section 17 (3) (a);
(j) establish requirements for the registration of a person as a member of the college;
(k) establish standards, limits or conditions for the practice of the designated health profession by registrants;
(k.1) establish aspects of practice that a registrant either may or must not
(i) delegate to a non-registrant to perform, or
(ii) authorize a non-registrant to perform under the supervision of a registrant;
(k.2) establish a quality assurance program;
(k.3) provide for the recognition of registrants as specialists in a field of the health profession;
(k.4) specify the manner by which registrants may hold themselves out as specialists in a field recognized under a bylaw made under paragraph (k.3);
(k.5) establish the obligations that a registrant whose registration is suspended must discharge
(i) in referring patients to another registrant,
(ii) in allowing another member of the college to use the suspended registrant's premises,
(iii) to refrain from deriving an income from the registrant's practice, or from the use by another registrant of the suspended registrant's premises, for the period of the suspension,
(iv) to give proper notice of the suspension to patients, or persons who might wish to become patients, or
(v) to cease during the suspension to be held out as a registrant. ,
(l) establish standards of professional ethics for registrants, including standards for the avoidance of conflicts of interest;
(l.1) establish requirements for the certification of non-registrants described in paragraph (l.2) with the college;
(l.2) establish classes of non-registrants to whom registrants may delegate aspects of practice or who may be authorized to perform aspects of practice in accordance with a bylaw made under paragraph (k.1);
(l.3) establish training and educational requirements for non-registrants described by paragraph (l.2);
(l.4) establish standards, limits or conditions respecting the aspects of practice which may be performed by non-registrants described by paragraph (l.2);
(l.5) establish requirements for renewal, suspension, cancellation and reinstatement of non-registrants described in paragraph (l.2);
(l.6) establish fees payable to the college by non-registrants described in paragraph (l.2);
(l.7) specify that Part 3 applies to non-registrants described in paragraph (l.2), and former such non-registrants, as though they were registrants;
(l.8) establish the number of members of the board
(i) to be elected under section 17 (3) (a.1), and
(ii) to be appointed under section 17 (3) (a.2)
and specify whether or not members in each category are to have voting rights on the board;
(l.9) establish the time, manner and procedure for
(i) the election of non-registrants to the board under section 17 (3) (a.1), and
(ii) the selection and appointment of non-registrants to the board under section 17 (3) (a.2);
(l.91) specify whether members of a class of non-registrants established under paragraph (l.2) are eligible
(i) to vote in an election referred to in section 17 (3) (a.1),
(ii) to be elected under section 17 (3) (a.1), and
(iii) to be appointed under section 17 (3) (a.2);
(l.92) establish forms for the purposes of the bylaws and require use of the forms by non-registrants described in paragraph (l.2);
(m) establish standards of academic or technical achievement and the qualifications required for registration as a member of the college;
(m.1) provide that an academic or technical program specified by a committee established under paragraph (t) meets a standard established under paragraph (m);
(n) establish requirements for continuing education and for continuing competence for registrants;
(o) establish requirements for maintenance of professional liability insurance coverage by registrants;
(p) establish fees payable to the college by registrants;
(q) provide for special fees levied under the bylaws to be payable by registrants;
(r) establish requirements for renewal, suspension, cancellation and reinstatement of the registration of persons practising the designated health profession, including providing for the suspension or cancellation of the registration of a registrant for late payment or non-payment of fees;
(s) regulate and prohibit advertising or types of advertising by registrants;
(t) establish a registration committee, a quality assurance committee, an inquiry committee, a discipline committee, a patient relations committee and other committees the board determines are necessary or advisable;
(u) in respect of a committee established under paragraph (t), provide for the following:
(i) subject to the regulations, the composition of the committee and the appointment and removal of committee members;
(ii) procedures to be followed by the committee including the quorum for the committee;
(iii) the duties and powers of the committee;
(iv) the delegation of a duty or power of the board to the committee;
(v) the delegation of a duty or power of the committee to panels of the committee;
(u.1) specify the powers, duties and functions of the board that an executive committee appointed under section 17.2 (1) may exercise or perform on behalf of the board;
(v) provide for remuneration of the members of the board and of committees established under paragraph (t);
(v.1) establish a tariff of costs to partially indemnify for the expenses incurred by the college for investigations under section 33;
(w) establish the maximum fine that the discipline committee may impose under section 39 (2) (f);
(w.1) establish a tariff of costs to partially indemnify parties for their expenses incurred in the preparation for and conduct of hearings under section 38, other than for investigations under section 33;
(x) establish educational requirements and guidelines for registrants respecting their relations with patients;
(x.1) establish requirements concerning
(i) collection of personal health information,
(ii) creation of health care records containing personal health information, and
(iii) creation of administrative and accounting records;
(y) establish rules concerning access to health care records;
(y.1) establish rules concerning the retention, disclosure, storage and destruction by registrants of
(i) health care records, and
(ii) administrative and accounting records;
(y.2) allow the board
(i) [Repealed 2006-23-9.]
(ii) to act under section 39 (2) to (8) as if it were the discipline committee;
(y.3) allow a committee other than the inquiry committee to make a determination under section 33 and to assume all of the powers, duties and functions of the inquiry committee set out in sections 27 to 37;
(y.4) allow a committee other than the discipline committee to act under section 39.
(y.5) elect that sections 20.2 and 20.3 apply respecting its college;
(y.6) if the board elects under paragraph (y.5) that sections 20.2 and 20.3 apply respecting its college, establish
(i) procedures for an application for review under section 20.2, and
(ii) the practice and procedure for proceedings before the board under section 20.2, which may provide for oral or written hearings;
(z) provide for the general administration and operation of the college.
(1.1) A board may only do the things described in subsection (1), except subsection (1) (k), (l) or (z), by bylaw.
(1.2) A bylaw made under subsection (1) (u) or (u.1) must not delegate to a committee the power to make bylaws.
(1.3) A tariff of costs established under subsection (1) (v.1) must not provide for recovery of the remuneration paid to inspectors or members of the inquiry committee.
(1.4) A tariff of costs established under subsection (1) (w.1) must not provide for recovery of the remuneration paid to members of the discipline committee.
(2) Provisions in a bylaw under subsection (1) may be different for different classes of non-registrants described in subsection (1) (l.2) or registrants.
(3) A bylaw under subsection (1) (a), (e), (i), (j), (k.1), (k.2), (k.3), (k.4), (k.5), (l.1), (l.2), (l.3), (1.4), (l.5), (l.7), (l.8), (l.91), (m), (m.1), (n), (o), (r), (s), (t), (u), (v), (w), (x), (x.1), (y), (y.1), (y.2), (y.3), (y.4), (y.5) or (y.6) has no effect until it is approved by the Lieutenant Governor in Council.
(3.1) A bylaw under subsection (1) (b), (c), (d), (f), (g), (k), (l), (l.6), (l.9), (l.92), (p), (q), (u.1), (v.1), (w.1) or (z) has no effect until it is deposited with the minister.
(3.2) A bylaw made under subsection (1) must be available for inspection by registrants and the public at the office of the college and electronically on the college website.
(4) The Lieutenant Governor in Council must not approve a bylaw made under subsection (1) unless satisfied that appropriate provision has been made respecting the following:
(a) the election of registrants to the board under section 17 (3) (a);
(b) each of the objects referred to in section 16.
(5) The minister may request a board to amend or repeal an existing bylaw for its college or to make a new bylaw for its college if the minister is satisfied that this is necessary or advisable.
(6) If a board does not comply with a request under subsection (5) within 60 days after the date of the request, the Lieutenant Governor in Council may amend or repeal the existing bylaw for the college or make the new bylaw for the college in accordance with the request.
(6.1) A bylaw under subsection (1) (k), (l), (l.4), (m) or (n) must not be altered under subsection (6).
(7) A bylaw, other than a bylaw referred to in subsection (3.1), may not be made, amended or repealed under subsection (1) or (6) unless notice of the proposed bylaw, amendment or repeal is given to the college of each health profession prescribed for the purposes of this subsection
(a) at least 3 months before the bylaw, amendment or repeal comes into force, or
(b) within a period, shorter than that set out in paragraph (a), that the minister specifies as appropriate in the circumstances.
(8) A registrant must not practise a designated health profession except in accordance with the bylaws of the college.
(9) A board must maintain a complete and accurate record of the bylaws that are in effect for its college and must provide a copy of those bylaws to each registrant.
20 (1) The registration committee is responsible for granting registration, including reinstatement of registration, of a person as a member of its college.
(2) The registration committee must grant registration in its college to every person who, in accordance with the requirements of the bylaws,
(a) applies to the college for registration,
(b) satisfies the registration committee that he or she is qualified to be a registrant, and
(c) pays the required fees, if any.
(2.1) Despite subsection (2), the registration committee may refuse to grant registration, may grant registration for a limited period or may attach terms and conditions to the grant of registration if the registration committee determines, after giving the person an opportunity to be heard, that
(a) the person's entitlement to practise the health profession has been cancelled or suspended at some time in British Columbia or in another jurisdiction,
(b) an investigation, review or other proceeding is under way in British Columbia or in another jurisdiction that could result in the person's entitlement to practise the health profession being cancelled or suspended, or
(c) the person has been convicted of an indictable offence.
(2.2) If a person applying for registration has been convicted of an indictable offence, the registration committee must not make a decision under subsection (2.1) unless the registration committee is satisfied that the nature of the offence or the circumstances under which it was committed give rise to concerns about the person's competence or fitness to practise the designated health profession.
(3) If an applicant fails to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined that an applicant for registration presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the registration committee must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of the applicant.
(4) If a bylaw under section 19 (1) (y.5) makes sections 20.2 and 20.3 apply to a college, sections 20.2 and 20.3 apply to a person whose application for registration as a member of the college is refused by the registration committee.
(4.1) If sections 20.2 and 20.3 do not apply to a college, the provisions of section 40 respecting an appeal from a decision of the discipline committee apply to allow a person whose application for registration as a member of the college is refused to appeal the refusal.
(5) A person must not apply for registration or continue to be registered as a member of a college if that person knows that he or she is not qualified to be a registrant.
(6) In this section, "registration committee" includes
(a) the board, if the registration committee has referred an application for registration or reinstatement to the board for decision, and
(b) except in subsections (2.1) and (2.2), the registrar if the registration committee has authorized the registrar in writing to act.
20.1 Sections 20.2 and 20.3 only apply respecting a college if they are made applicable by a bylaw in force under section 19 (1) (y.5).
20.2 (1) An applicant for registration may apply in writing to the board for a review on the record if their application for registration under section 20 (2) is refused by the registration committee.
(2) An application must be made under subsection (1) within 30 days of the day on which the person received notice of the refusal by the registration committee.
(3) On receipt of an application under subsection (1), the board must conduct a review on the record.
(4) If, in the opinion of the board, there are special circumstances, the board may hear evidence that is not part of the record.
(5) After a hearing under this section, the board may
(a) confirm the decision of the registration committee under review,
(b) substitute a decision that could have been made by the registration committee in the matter, or
(c) send the matter back to the registration committee with directions.
(6) [Repealed 2006-23-13.]
20.3 (1) An applicant for registration who is aggrieved or adversely affected by the board's action under section 20.2 (5) may appeal to the Supreme Court.
(2) An appeal under this section must be brought within 30 days after written notice of the board's action under section 20.2 (5) is received by the person bringing the appeal.
(3) Section 40 (3) to (10) applies to an appeal under this section as though the board's action were the decision of the discipline committee referred to in section 40.
20.4 (1) In this section, "governing body" means the governing body of a health profession in another province or a foreign jurisdiction.
(2) A board may promote cooperation with governing bodies for a corresponding health profession by doing one or more of the following:
(a) entering into agreements with one or more governing bodies concerning the interjurisdictional practice of the health profession;
(b) entering into information sharing agreements, as defined in section 69 (1) of the Freedom of Information and Protection of Privacy Act to allow the release of information about a registrant to a governing body, including information about practice restrictions, complaints, competency and discipline.
21 (1) A board must appoint a registrar for its college, who holds office during the pleasure of the board.
(2) The registrar must maintain a register and must enter in it the name and address of every person granted registration under section 20.
(3) The registrar must cancel the registration of a registrant in the register if
(a) the registrant requests or gives written consent to the cancellation,
(b) the registrant has failed to pay a fee for renewal of registration or another fee within the required time,
(c) notification is received of the registrant's death, or
(d) the registration of the registrant has been cancelled under section 39 (2) (e).
(4) [Repealed 2003-57-13.]
22 (1) Subject to subsection (2), the register and bylaws of a college must be open to inspection by any person free of charge at all reasonable times during regular business hours.
(2) The registrar may refuse a person access to the register if the registrar reasonably believes that
(a) the access could threaten the safety of a registrant, or
(b) the person seeking access is doing so for commercial purposes.
(3) If access is refused under subsection (2), the registrar may disclose information from the register that is determined appropriate in the circumstances.
22.1 (1) The registrar must maintain a register setting out, for each registrant, the following:
(a) the registrant's name, business address and business telephone number;
(b) the class of registration, including areas of specialization and related credentials;
(c) any terms, conditions and limitations imposed on the registration by the college;
(d) a notation of each cancellation or suspension of registration;
(e) any additional prescribed matters.
(2) The registrar must include in the register a notation of any cancellation or suspension of registration that occurred or was recorded before the coming into force of this section.
23 A certificate signed by the registrar or by a member of a board is proof, in the absence of evidence to the contrary, of the matters stated in the certificate that relate to the records of its college.
24 (1) No action for damages lies or may be brought against a member of a board or a person acting on behalf of or under the direction of a board or college because of anything done or omitted in good faith
(a) in the performance or intended performance of any duty under this Act, the regulations or the bylaws, or
(b) in the exercise or intended exercise of any power under this Act, the regulations or the bylaws.
(2) Subsection (1) does not absolve a college from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.
Part 3 — Inspections, Inquiries and Discipline
26 In this Part:
"professional misconduct" includes sexual misconduct, infamous conduct and conduct unbecoming a member of the health profession;
"registrant" includes a former registrant, and a non-registrant or former non-registrant to whom this Part applies;
"serious matter" means a matter which, if admitted or proven following an investigation under this Part, would ordinarily result in an order being made under section 39 (2) (b) to (e);
"unprofessional conduct" includes professional misconduct.
27 (1) The inquiry committee may appoint persons as inspectors for the college.
(2) The registrar is an inspector.
28 (1) During regular business hours, an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:
(a) the premises, the equipment and the materials used by a registrant to practise the designated health profession;
(b) the records of the registrant relating to the registrant's practice of the designated health profession and may copy those records;
(c) the practice of the designated health profession performed by or under the supervision of the registrant.
(2) The inquiry committee may direct an inspector to act under subsection (1) or undertake any aspect of an investigation under section 33.
(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of those actions in writing to the inquiry committee.
29 (1) A person authorized by the inquiry committee may apply to the Supreme Court for an order that authorizes a person named in the order
(a) to enter into the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,
(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and
(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.
(2) Unless the court otherwise directs, an application under subsection (1) may be made without notice to any person and may be heard in private.
(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found
(a) that a person who is not a registrant has contravened this Act, the regulations or the bylaws, or
(b) that a person who is a registrant
(i) has contravened this Act, the regulations or the bylaws,
(ii) has failed to comply with a limit or condition imposed under this Act, the regulations or the bylaws,
(iii) has acted in a manner that constitutes professional misconduct,
(iv) is not competent to practise the designated health profession, or
(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise the designated health profession.
(4) In an order under this section, the court
(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,
(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and
(c) may direct that section 30 does not apply to a thing specified in the order
(i) if all limitations and conditions included under paragraph (b) are met, and
(ii) unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the inquiry committee that section 30 apply to the thing seized.
(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds any thing not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act, the regulations or the bylaws may seize and remove that thing.
30 (1) For the purposes of subsection (2), the person who makes a seizure under section 29 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure was made unless this is not practicable.
(2) On receiving a report under subsection (1), the judge must
(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or
(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.
(3) An inspector may make one or more copies of any record detained under subsection (2).
(4) A document purporting to be certified by a representative of the inquiry committee to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.
(5) Subject to an order under section 29 (4) (b), the person from whom any thing is seized under this section or the owner of the thing, if he or she is a different person, is entitled to inspect that thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the board.
(6) A record must not be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either
(a) the person from whom it was seized agrees to its continued detention, or
(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.
31 (1) A person must not obstruct an inspector in the lawful performance of duties or the lawful exercise of powers under this Act, the regulations or the bylaws.
(2) A person must not obstruct a person acting under section 29 or 30 or under an order made under those sections.
32 (1) A person who wishes to make a complaint against a registrant must deliver the complaint in writing to the registrar.
(2) As soon as practicable after receiving a complaint, the registrar must deliver to the inquiry committee a copy of the complaint, an assessment of the complaint and any recommendations of the registrar for the disposition of the complaint.
(3) Despite subsection (2), the registrar, if authorized by the board, may dismiss a complaint, or request that the registrant act as described in section 36 (1), without reference to the inquiry committee if the registrar determines that the complaint
(a) is trivial, frivolous, vexatious, or made in bad faith,
(b) does not contain allegations that, if admitted or proven, would constitute a matter subject to investigation by the inquiry committee under section 33 (4), or
(c) contains allegations that, if admitted or proven, would constitute a matter, other than a serious matter, subject to investigation by the inquiry committee under section 33 (4).
(4) If a complaint is disposed of under subsection (3), the registrar must deliver a written report to the inquiry committee about the circumstances of the disposition.
(5) A disposition under subsection (3) takes effect 30 days after the delivery of the written report described under subsection (4) unless, within that 30 day period, the inquiry committee gives the registrar written direction to proceed under subsection (2).
32.1 In sections 32.2 and 32.3, "other person" means a person who is a registrant in one of the colleges and is believed to be
(a) not competent to practice the designated health profession, or
(b) suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs his or her ability to practice the designated health profession.
32.2 (1) A registrant must report in writing to the registrar of an other person's college if the registrant, on reasonable and probable grounds, believes that the continued practise of a designated health profession by the other person might constitute a danger to the public.
(2) If a person
(a) terminates the employment of an other person,
(b) revokes, suspends or imposes restrictions on the privileges of an other person, or
(c) dissolves a partnership or association with an other person
based on a belief described in subsection (1), the person must report this in writing to the registrar of the other person's college.
(3) If a person intended to act as described in subsection (2) (a), (b) or (c) but the other person resigned, relinquished their privileges or dissolved the partnership or association before the person acted, the person must report this in writing to the registrar of that other person's college.
(4) On receiving a report under subsection (1), (2) or (3), the registrar must
(a) act under section 32 (2) as though the registrar had received a complaint under section 32 (1), or
(b) with the prior approval of the inquiry committee, enter into an agreement with the other person
(i) to set limits or conditions on the practice of the designated health profession by the other person, or
(ii) to suspend the registration of the other person in order that continued practice by the other person does not constitute a danger to the public.
(5) Subject to the registrar's approval, the other person, if ordered under this section to cease or restrict practice as a registrant of the college, may employ another registrant of the college to carry on the practice.
32.3 (1) If an other person is a registrant in a college prescribed for the purposes of this section and because of admission to a hospital or a private hospital as defined in the Hospital Act, for psychiatric care or treatment, or for treatment for addiction to alcohol or drugs the other person is unable to practise, the chief administrative officer of the hospital, or someone acting in that capacity, and the medical practitioner who has the care of the other person must promptly report the admission in writing to the registrar of the other person's college.
(2) The medical practitioner who has care of the other person must, no later than the date of that other person's discharge from the hospital, provide the registrar of the other person's college with a written report of the diagnosis, particulars of treatment, prognosis and an opinion as to whether the other person is fit to continue to practise the other person's health profession.
(3) On receipt of the report, or if the registrar does not receive a report within one week of the other person's discharge but is informed of the discharge, the registrar must
(a) act under section 32 (2) as though the registrar has received a complaint under section 32 (1), or
(b) with the prior approval of the inquiry committee, enter into an agreement with the other person
(i) to set limits or conditions on the practice of the designated health profession by the other person, or
(ii) to suspend the registration of the other person in order that continued practice by the other person does not constitute a danger to the public.
(4) Subject to the registrar's approval, the other person, if ordered under this section to cease or restrict practice as a registrant of the college, may employ another registrant of the college to carry on the practice.
32.4 (1) If a registrant has reasonable and probable grounds to believe that another registrant has engaged in sexual misconduct, the registrant must report the circumstances in writing to the registrar of the other registrant's college.
(2) Despite subsection (1), if a registrant's belief concerning sexual misconduct is based on information given in writing, or stated, by the registrant's patient, the registrant must obtain, before making the report, the consent of
(a) the patient, or
(b) a parent, guardian or committee of the patient, if the patient is not competent to consent to treatment.
32.5 No action for damages lies or may be brought against a person for making a report in good faith as required under section 32.2, 32.3 or 32.4.
33 (1) If a complaint is delivered to the inquiry committee by the registrar under section 32 (2), the inquiry committee must investigate the matter raised by the complainant as soon as possible.
(2) If a registrant fails to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined that the registrant presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the inquiry committee must take the failure or the determination into account, investigate the matter and decide whether to set limits or conditions on the practice of the registrant or whether to suspend or cancel the registration of the registrant.
(3) An applicant or a registrant against whom action has been taken under subsection (2) or section 20 (3) may appeal the decision to the Supreme Court and, for those purposes, the provisions of section 40 respecting an appeal from a decision of the discipline committee apply to an appeal under this section.
(4) The inquiry committee may, on its own motion, investigate a registrant regarding any of the following matters:
(a) a contravention of this Act, the regulations or the bylaws;
(a.1) a conviction for an indictable offence;
(b) a failure to comply with a limit or condition imposed under this Act, the regulations or the bylaws;
(c) professional misconduct;
(c.1) unprofessional conduct or unethical conduct;
(d) competence to practise the designated health profession;
(e) a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs his or her ability to practise the designated health profession.
(4.1) The inquiry committee must not act under subsection (6) (b), (c) or (d) on the basis of subsection (4) (a.1) if the inquiry committee is satisfied that the nature of the offence or the circumstances under which it was committed do not give rise to concerns about the registrant's competence or fitness to practise the designated health profession.
(5) The inquiry committee must request the registrant who is the subject of an investigation under this section to provide it with any information regarding the matter that the registrant believes should be considered by the inquiry committee.
(6) After considering any information provided by the registrant, the inquiry committee may
(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) in the case of an investigation respecting a complaint, take any action it considers appropriate to resolve the matter between the complainant and the registrant,
(c) act under section 36, or
(d) direct the registrar to issue a citation under section 37.
(7) If the inquiry committee acts under subsection (6) (b) to (d), it may award costs to the college against the registrant, based on the tariff of costs established under section 19 (1) (v.1).
34 (1) If the inquiry committee decides under section 33 (6) (a), or the registrar decides under section 32 (3) (a) or (b), to take no further action in an investigation, they must
(a) report to the board the results of the investigation, and
(b) if the investigation resulted from a complaint, notify the complainant of its decision and provide to the complainant the conclusions drawn in the investigation respecting the matters alleged in the complaint.
(2) A complainant who is dissatisfied with the decision referred to in subsection (1) may request the board to review that decision.
(3) A request for review under subsection (2) must be made within 14 days of the day the complainant receives notice under subsection (1) (b).
(4) After receiving the inquiry committee's report or after conducting a review that was requested under subsection (2), the board must
(a) confirm the inquiry committee's decision,
(b) direct the inquiry committee to act under section 33 (6),
(c) direct the inquiry committee to act under section 36, or
(d) direct the registrar to issue a citation under section 37.
35 (1) If the inquiry committee considers the action necessary to protect the public during the investigation of a registrant or pending a hearing of the discipline committee, it may
(a) set limits or conditions on the practice of the designated health profession by the registrant, or
(b) suspend the registration of the registrant.
(2) If the inquiry committee acts under subsection (1), it must notify the registrant in writing of its decision, of the reasons for the decision and of the registrant's right to appeal that decision to the Supreme Court.
(3) A decision under subsection (1) is not effective until the earlier of
(a) the time the registrant receives the notice under subsection (2), and
(b) 3 days after the notice is mailed to the registrant at the last address for the registrant recorded in the register of the college.
(4) If the inquiry committee determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the registrant in writing of the cancellation as soon as possible.
(5) A registrant against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for those purposes, the provisions of section 40 respecting an appeal from a decision of the discipline committee apply to an appeal under this section.
36 (1) In relation to a matter investigated under section 33, the inquiry committee may request in writing that the registrant 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) consent to a reprimand;
(d) undertake or consent to any other action specified by the inquiry committee.
(1.1) If requested by the complainant and if a consent or undertaking given under subsection (1) relates to the complaint made by the complainant, the inquiry committee must deliver a written summary of the consent or undertaking to the complainant.
(2) If a registrant refuses to give an undertaking or consent requested under subsection (1), or if a registrant fails to comply with an undertaking or consent given in response to a request under subsection (1), the inquiry committee may direct the registrar to issue a citation for a hearing by the discipline committee regarding the matter.
37 (1) If directed by the inquiry committee or the board, the registrar must issue a citation that
(a) names the affected registrant as respondent,
(b) describes the nature of the complaint or other matter that is to be the subject of the hearing,
(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 must have a citation either delivered to the respondent by personal service or sent by registered mail to the respondent at the last address for the respondent recorded in the register referred to in section 21 (2) not fewer than 30 days before the date of the hearing.
(3) If the subject matter of a citation is a complaint, the registrar must 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 board afterwards determines that a hearing by the discipline committee is not required and the registrar must then cancel the citation and notify the respondent and the complainant, if any, of the cancellation.
37.1 (1) The registrant may give the inquiry committee a written proposal at any time before the commencement of a hearing under section 38
(a) admitting the nature of the complaint or other matter that is to be the subject of the hearing,
(b) consenting to the making of an order under section 39 (2) or (8) as set out in the proposal,
(c) consenting to indemnify the college for the investigation under section 33 in an amount not to exceed the costs for the inquiry calculated under the tariff of costs established under section 19 (1) (v.1), and
(d) if the registrant gives the proposal to the inquiry committee less than 7 days before the hearing is scheduled to commence, consenting to indemnify the college for preparing for the hearing in an amount not to exceed the costs of preparing for the hearing calculated under the tariff of costs established under section 19 (1) (w.1).
(2) The inquiry committee may accept or reject a proposal received under subsection (1) based on the investigations described in section 33 respecting the complaint.
(3) If the inquiry committee accepts a proposal received under subsection (1),
(a) an order under section 39 is deemed to be made as set out in the proposal,
(b) section 39 (3) applies to the order under paragraph (a) as though it had been made by the discipline committee, and
(c) section 38 does not apply to the citation.
(4) If the inquiry committee rejects a proposal received under subsection (1),
(a) a hearing of the citation must proceed as though the proposal had not been made, and
(b) the discipline committee must not consider the admission described in subsection (1) (a) or the consent described in subsection (1) (b) in determining the matter or in making an order under section 39.
(5) If the hearing under section 38 has commenced
(a) the registrant may give to the inquiry committee a written proposal
(i) described in subsection (1) (a) to (c), and
(ii) consenting to indemnify the college for preparing for and conducting the hearing in an amount not to exceed the costs of preparing for and conducting the hearing calculated under the tariff of costs established under section 19 (1) (w.1), and
(b) the inquiry committee may accept or reject the proposal in its discretion.
(6) If the inquiry committee accepts a proposal under subsection (5) it must make an order under section 39 as set out in the proposal.
(7) Subsection (4) applies if the inquiry committee rejects a proposal received under subsection (5).
38 (1) The discipline committee must hear and determine a matter set for hearing by citation issued under section 37.
(2) The respondent and the college may appear as parties and with legal counsel at a hearing of the discipline committee.
(2.1) A complainant may be represented by legal counsel, at the complainant's cost, when the complainant is giving evidence at a hearing of the discipline committee.
(3) A hearing of the discipline committee must be in public unless
(a) the complainant, the respondent or a witness requests the discipline committee to hold all or any part of the hearing in private, and
(b) the discipline committee is satisfied that holding all or any part of the hearing in private would be appropriate in the circumstances.
(4) At a hearing of the discipline committee,
(a) the testimony of witnesses must be taken on oath, which may be administered by any member of the discipline committee, and
(b) the college and the respondent have the right to cross examine witnesses and to call evidence in reply.
(4.1) Subject to subsection (4.2), evidence is not admissible at a hearing of the discipline committee unless, at least 14 days before the hearing, the party intending to introduce the evidence provides the other party with
(a) in the case of documentary evidence, an opportunity to inspect the document,
(b) in the case of expert testimony,
(i) the name and qualifications of the expert,
(ii) a copy of any written report the expert has prepared respecting the matter, and
(iii) a written summary of the evidence the expert will present at the hearing if the expert did not prepare a written report in respect of the matter, and
(c) in the case of testimony of a witness who is not an expert, the name of that witness and an outline of their anticipated evidence.
(4.2) The discipline committee may
(a) grant an adjournment of a hearing,
(b) allow the introduction of evidence that is not admissible under subsection (4.1), or
(c) make any other direction it considers appropriate
if the discipline committee is satisfied that this is necessary to ensure that the legitimate interests of a party will not be unduly prejudiced.
(5) If 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 Act, the regulations or the bylaws.
(6) 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.
(7) On application by the discipline committee to the Supreme Court, a person who fails to attend or to produce records as required by an order under subsection (6) is liable to be committed for contempt as if he or she were in breach of an order or judgment of the Supreme Court.
(8) If 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 section 39 (1), the discipline committee may set limits or conditions on the practice of the designated health profession by the registrant or may suspend the registration of the registrant and, for those purposes, section 35 applies.
39 (1) On completion of a hearing, the discipline committee may dismiss the matter or determine that the respondent
(a) has not complied with this Act, a regulation or a bylaw,
(b) has not complied with a standard, limit or condition imposed by this Act, a regulation or a bylaw,
(c) has committed professional misconduct or unprofessional conduct,
(d) has incompetently practised the designated health profession, or
(e) suffers from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs their ability to practise the designated health profession.
(2) If a determination is made under subsection (1), the discipline committee may, by order, do one or more of the following:
(a) reprimand the respondent;
(b) impose limits or conditions on the respondent’s practice of the designated health profession;
(c) suspend the respondent’s registration;
(d) subject to the bylaws, impose limits or conditions on the management of the respondent’s practice during the suspension;
(e) cancel the respondent’s registration;
(f) fine the respondent in an amount not exceeding the maximum fine established under section 19 (1) (w).
(3) An order of the discipline committee under subsection (2) must
(a) be in writing,
(b) include reasons for the order, and
(c) be delivered to the respondent and to the complainant, if any.
(4) If the discipline committee dismisses the matter under subsection (1) on the basis that the matter was without merit, it may award costs to the respondent against the college, based on the tariff of costs established under section 19 (1) (w.1).
(5) If the discipline committee acts under subsection (2), it may award costs to the college against the respondent, based on the tariff of costs established under section 19 (1) (w.1).
(6) Costs awarded under subsection (4) must not exceed, in total, 50% of the actual costs to the respondent for legal representation for the purposes of the investigation under section 33 and the hearing.
(7) Costs awarded under subsection (5) must not exceed, in total, 50% of the actual costs to the college for legal representation for the purposes of the hearing.
(8) If the registration of the respondent is suspended or cancelled under subsection (2), the discipline committee may
(a) impose conditions on the lifting of the suspension or the eligibility to apply for reinstatement of registration,
(b) direct that the lifting of the suspension or the eligibility to apply for reinstatement of registration will occur on
(i) a date specified in the order, or
(ii) the date the discipline committee or the board determines that the respondent has complied with the conditions imposed under paragraph (a), and
(c) impose conditions on the respondent’s practice of the designated health profession that apply after the lifting of the suspension or the reinstatement of registration.
(9) If an order under subsection (2) is appealed under section 40 within 30 days after it is made, the discipline committee, on application of the respondent under this section, may
(a) stay the order pending the hearing of the appeal, and
(b) set terms and conditions on the practice of the designated health profession by the respondent during the stay.
40 (1) A college or respondent described in section 38 (2) aggrieved or adversely affected by an order of the discipline committee under section 39 may appeal or the board may appeal the order to the Supreme Court.
(2) An appeal under this section must be commenced within 30 days after the date of the decision.
(3) An appeal under this section must be an originating application commenced by filing a petition in any registry of the Supreme Court, and the Rules of Court respecting originating applications apply to the appeal but Rule 49 does not apply.
(4) The petition commencing an appeal under this section must be served on the college, effected by service on the registrar, within 14 days of its filing in the court registry.
(5) The petition commencing an appeal under this section must also be served on the parties to the discipline committee proceeding in which the order being appealed was made and, if the matter relates to a complaint, on the complainant.
(6) The persons required to be served under subsection (4) or (5), other than the complainant, may be parties to an appeal under subsection (1).
(7) On request by a party to an appeal under subsection (1) and on payment by the party of any disbursements and expenses in connection with the request, the registrar must provide that party with copies of part or all, as requested, of the record of the proceeding before the discipline committee.
(8) An appeal under subsection (1) must be a review on the record unless the court is satisfied that a new hearing or the admission of further evidence is necessary in the interests of justice.
(9) On the hearing of an appeal under this section, the court may
(a) confirm, vary or reverse the decision of the discipline committee,
(b) refer the matter back to the discipline committee, with or without directions, or
(c) make any other order it considers appropriate in the circumstances.
(10) A decision of the Supreme Court on an appeal under subsection (1) may be appealed to the Court of Appeal if leave to appeal is granted by a justice of the Court of Appeal.
Part 4 — Health Profession Corporations
40.1 In this Part, "holding company" means a corporation described in section 43 (1) (c) (ii) or (1) (d) (i) (B).
41 This Part applies to a designated health profession only if a regulation under section 50 (2) (a) provides that it applies.
42 (1) Subject to this Act, the regulations and the bylaws, no corporation, other than a health profession corporation holding a valid permit under section 43 (1), may carry on the business of providing to the public health profession services that may be performed by the registrants of the college whose board issued or renewed the permit.
(2) The services referred to in subsection (1) must only be provided by the health profession corporation through one or more persons, each of whom is
(a) a registrant of the college, or
(b) if permitted by the bylaws, an employee of the health profession corporation under the direct supervision of a registrant of the college.
43 (1) A board must issue or renew a permit authorizing a corporation to operate as a health profession corporation if satisfied that all the following requirements and conditions have been met:
(a) the corporation is a company within the meaning of the Business Corporations Act and is in good standing under that Act;
(b) if a term is prescribed under section 50 (2) (b) for the designated health profession, the name of the corporation includes the term;
(c) all voting shares of the corporation are legally and beneficially owned by
(i) registrants of the college, or
(ii) companies as defined in the Business Corporations Act, all the voting shares of which are legally and beneficially owned by registrants of the college and all the non-voting shares of which are legally and beneficially owned by persons
(A) who are registrants of the college,
(B) who are the spouse, children, parents, siblings or other relatives of a shareholding registrant of the college, or
(C) who reside with a shareholding registrant of the college;
(d) all non-voting shares of the corporation are
(i) legally and beneficially owned by persons who are
(A) described in paragraph (c) (ii) (A) to (C), or
(B) companies as defined in the Business Corporations Act, all the shares of which are legally and beneficially owned by persons described in paragraph (c) (ii) (A) to (C), or
(ii) held in trust by a trustee who is a person resident in Canada and approved by the board, on behalf of a trust
(A) that is governed by the laws of British Columbia or another jurisdiction in Canada, and
(B) all the beneficiaries of which are persons described in paragraph (c) (ii) (A) to (C);
(e) all the directors of the corporation are registrants of the college;
(f) all the persons who will be providing the services on behalf of the corporation are registrants of the college or are under the direct supervision of a registrant of the college;
(g) all requirements and conditions established by bylaw under section 49 have been met;
(h) all requirements established by regulation under section 50 have been met.
(1.1) In subsection (1) (c) (ii) (B), "spouse" means a person who
(a) is married to another person, or
(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.
(2) A board may refuse to issue or renew a permit under subsection (1) if
(a) the health profession corporation has previously had its permit revoked, or
(b) a shareholder, director or officer of the health profession corporation was a shareholder, director or officer of a health profession corporation that previously had its permit revoked.
(3) Despite subsection (1), voting or non-voting shares of a health profession corporation may be vested in
(a) an executor or administrator of the estate of a deceased registrant to allow the executor or administrator to discharge duties as executor or administrator of the estate, or
(b) a trustee in bankruptcy to allow the trustee to discharge duties as trustee in bankruptcy in respect of the corporation or a registrant.
(4) In this section, "board" includes the registrar if the board has authorized the registrar to act for it under this section.
44 (1) A board may, after a hearing, revoke a permit issued by it to a health profession corporation if
(a) in the course of providing services the corporation, its officers, employees or agents does anything that, if done by a registrant, would be professional misconduct,
(b) the corporation ceases to comply with a requirement or condition referred to in section 43 (1), or
(c) the corporation contravenes section 45.
(2) As alternatives to revoking a permit, a board may
(a) reprimand one or more shareholders of the corporation who are registrants, or
(b) impose a fine on the corporation in an amount not exceeding $10 000.
(3) A health profession corporation against which or a registrant against whom a decision under subsection (1) or (2) is made may appeal the decision to the Supreme Court and, for those purposes, the provisions of section 40 respecting an appeal from a decision of the discipline committee apply to an appeal under this section.
(4) If a board revokes a permit for a health profession corporation or refuses to renew a permit for a health profession corporation, it must notify the Registrar of Companies for the purposes of section 29 (5) of the Business Corporations Act.
45 (1) A corporation that has a term prescribed by regulation under section 50 (2) (b) as part of its name must not carry on any business unless it holds a valid permit under section 43 (1).
(2) A health profession corporation that holds a valid permit under section 43 (1) must not carry on any activities, other than the provision of services referred to in section 42 and services that are directly associated with the provision of those services that would, for the purposes of the Income Tax Act (Canada), give rise to income from business.
(3) An act of a corporation, including a transfer of property to or by the corporation, is not invalid merely because the corporation contravenes subsection (1) or (2).
46 (1) A shareholder of a health profession corporation must not enter into a voting trust agreement, proxy or any other type of agreement that vests in another person who is not a registrant qualified to hold shares in the corporation the authority to exercise the voting rights attached to any or all of the shares of the shareholder.
(2) A shareholder of a holding company must not enter into a voting trust agreement, proxy or any other type of agreement that vests in another person who is not a registrant qualified to hold shares in the holding company the authority to exercise the voting rights attached to any or all of the shares of the shareholder.
47 A shareholder, director, officer or employee of a health profession corporation may be compelled in a proceeding under this Act, other than a proceeding under section 51 in which the person is a defendant, to give evidence and to produce all files and records in his or her possession or power that are relevant to a matter raised in the proceeding.
49 (1) The bylaws of a board under section 19 apply to health profession corporations under the board's authority and the board may exercise the powers given by this Act, the regulations and the bylaws to enforce those bylaws against a health profession corporation.
(2) A board may make bylaws it considers necessary or advisable in relation to health profession corporations under its authority.
(3) Without limiting subsection (2), a board may make bylaws respecting the following matters:
(a) the issue and renewal of permits, including the setting of fees and the establishment of procedures for obtaining or renewing permits;
(b) procedures for revocation of permits and for hearings respecting revocation of permits under section 44;
(c) names and the approval of names, including the types of names, by which a health profession corporation may be known;
(d) the disposition of shares in a health profession corporation belonging to a shareholder who ceases to be a registrant or who remains a registrant but is not qualified to practise the designated health profession;
(e) requirements for the issuance or renewal of permits and conditions that may be attached to permits, including the establishment of amounts of insurance that health profession corporations must carry or must provide to each of their employees for the purpose of providing indemnity against professional liability claims.
(4) Provisions in a bylaw under this section may be different, at the discretion of the board, for different permit holders.
(5) Section 19 (3), (3.2), (4) and (7) applies to bylaws made under this section.
50 (1) The Lieutenant Governor in Council may make regulations respecting health profession corporations for a designated health profession.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:
(a) the application of this Part to a designated health profession;
(b) a term that must be included in the name of a health profession corporation.
(3) Subject to subsection (4), notice of a proposal to make, amend or repeal a regulation under this section must be given to the college of each health profession prescribed for the purpose of this subsection at least 3 months before the regulation, amendment or repeal comes into force.
(4) A notice period of less than 3 months applies for the purposes of subsection (3) if the minister specifies this shorter notice period.
51 (1) A person who contravenes section 13 (1), (2), (3) or (4), 20 (5), 31 (1) or (2), 50.2, 52.1 (1) or 53 (1) or (2) commits an offence.
(2) Section 5 of the Offence Act does not apply to this Act, the regulations or any bylaws made under this Act.
(3) A prosecution of an offence under this Act must not be commenced after the expiration of 2 years from the date of the alleged offence.
(4) In any prosecution under this Act, it is sufficient to prove that the accused has done or committed a single act of unauthorized practice or has committed on one occasion any of the acts prohibited by this Act.
52 (1) A board or a person may apply to the Supreme Court for an interim or permanent injunction to restrain a person from contravening any provision of this Act, the regulations or the bylaws.
(2) A contravention may be restrained under subsection (1) whether or not a penalty or other remedy has been provided by this Act, the regulations or the bylaws.
53 (1) Subject to the Ombudsman Act, a person must preserve confidentiality with respect to all matters or things that come to the person's knowledge while exercising a power or performing a duty or function under this Act, the regulations or the bylaws unless the disclosure is
(a) necessary to exercise the power or to perform the duty or function, or
(b) authorized as being in the public interest by the board of the college in relation to which the power, duty or function is exercised or performed.
(2) Insofar as the laws of British Columbia apply, a person must not give, or be compelled to give, evidence in a court or in proceedings of a judicial nature concerning knowledge gained in the exercise of a power or in the performance of a duty or function under Part 2.1 or Part 3 unless
(a) the proceedings are under this Act, or
(b) disclosure of the knowledge is authorized under subsection (1) (b) or under the bylaws or regulations made under this Act.
(3) The records relating to the exercise of a power or the performance of a duty or function under Part 2.1 or Part 3 are not compellable in a court or in proceedings of a judicial nature insofar as the laws of British Columbia apply unless
(a) the proceedings are under this Act, or
(b) disclosure of the knowledge is authorized under subsection (1) (b) or under the bylaws or regulations made under this Act.
54 (1) If a notice or other document is required to be delivered to a person under this Act, the regulations or the bylaws, it is deemed to have been received by the person 7 days after the date on which it was mailed if it is sent by registered mail,
(a) in the case of a document to be delivered to a registrant, to the last address for that registrant recorded in the register referred to in section 21 (2), and
(b) in other cases, to the last address of that person known to the sender.
(2) For the purpose of proving deemed receipt of a document referred to in subsection (1), proof of receipt may be made by affidavit as to the date on which the document was sent by registered mail.
55 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations
(a) subject to this Act, prescribing a change in the composition of a committee established under section 19 (1) (t), or of panels of a committee,
(b) requiring that a board or a committee established under section 19 (1) (t) open its meetings, subject to section 53, to attendance by
(i) the registrants, or
(ii) members of the public,
(c) in respect of a regulation under paragraph (b), specifying the circumstances in which a board or a committee established under section 19 (1) (t) may exclude registrants or members of the public from meetings of the board or the committee,
(d) establishing a deadline for a committee established under section 19 (1) (t) to complete a stage of its work respecting the registration of applicants to a college or the disposal of matters under Part 3 and establishing that the committee must report to the minister, or a person specified by the minister, if the deadline is missed,
(e) specifying the information that a registrar must collect and include in a register to which section 21 (2) refers,
(f) specifying how a registrar is to establish, maintain, make open to the public and otherwise administer a register to which section 21 (2) refers,
(g) prescribing reserved actions for the purposes of Part 4.1,
(h) exempting a person, or a class of persons, for the purposes of section 50.2 (1) (c), and
(i) exempting an activity for the purposes of section 50.2 (1) (d).
(3) Subject to subsection (4), notice of a proposal to make, amend or repeal a regulation under this section must be given to the college of each health profession prescribed for the purpose of this subsection at least 3 months before the regulation, amendment or repeal comes into force.
(4) A notice period of less than 3 months applies for the purposes of subsection (3) if the minister specifies this shorter notice period.
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