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Regulated Health Professions Act, 1991, S.O. 1991, c. 18

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Regulated Health Professions Act, 1991

S.O. 1991, CHAPTER 18

Historical version for the period June 22, 2006 to December 19, 2006.

Amended by:  1993, c. 37; 1996, c. 1, Sched. G, s. 27; 1998, c. 18, Sched. G, ss. 1-23; 2000, c. 26, Sched. H, s. 3; 2000, c. 42, Sched., ss. 29-40; 2001, c. 8, ss. 217-225; 2002, c. 24, Sched. B, s. 25; 2004, c. 3, Sched. B, s. 11; 2005, c. 28, Sched. B, s. 2; 2006, c. 19, Sched. C, s. 1 (1); 2006, c. 19, Sched. L, ss. 10, 11 (2).

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CONTENTS

1.

Interpretation

2.

Administration of Act

3.

Duty of Minister

4.

Code

5.

Powers of Minister

6.

Reports

Advisory Council

7.

Advisory Council

8.

Qualification of members

9.

Terms of members

10.

Remuneration and expenses

11.

Duties of Advisory Council

12.

Referrals to the Advisory Council

13.

Notice of amendments to Councils

14.

Function is advisory only

15.

Procedure

16.

Employees

17.

Secretary

Health Professions Board

24.

Investigations and expert advice

26.

Extension of time limits

Prohibitions

27.

Controlled acts restricted

28.

Delegation of controlled act

29.

Exceptions

30.

Treatment, etc., where risk of harm

31.

Dispensing hearing aids

32.

Dental devices, etc.

33.

Restriction of title “doctor”

34.

Holding out as a College

34.1

Holding out as a health profession corporation

Miscellaneous

35.

Exemption, aboriginal healers and midwives

36.

Confidentiality

37.

Onus of proof to show registration

38.

Immunity

39.

Service by mail

40.

Offence

41.

Responsibility of employment agencies

42.

Responsibility of employers

43.

Regulations

43.1

Regulations

44.

References to health professionals

Table

 

Schedule 1

Self governing health professions

Schedule 2

Health professions procedural code

Interpretation

1. (1) In this Act,

“Advisory Council” means the Health Professions Regulatory Advisory Council; (“Conseil consultatif”)

“Board” means the Health Professions Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998; (“Commission”)

“certificate of authorization” means a certificate of authorization issued under this Act or the Code; (“certificat d’autorisation”)

“Code” means the Health Professions Procedural Code in Schedule 2; (“Code”)

“College” means the College of a health profession or group of health professions established or continued under a health profession Act; (“ordre”)

“Council” means the Council of a College; (“conseil”)

“health profession” means a health profession set out in Schedule 1; (“profession de la santé”)

“health profession Act” means an Act named in Schedule 1; (“loi sur une profession de la santé”)

“health profession corporation” means a corporation incorporated under the Business Corporations Act that holds a valid certificate of authorization issued under this Act or the Code; (“société professionnelle de la santé”)

“member” means a member of a College; (“membre”)

“Minister” means the Minister of Health and Long-Term Care. (“ministre”)  1991, c. 18, s. 1 (1); 1998, c. 18, Sched. G, s. 1; 2000, c. 42, Sched., s. 29; 2006, c. 19, Sched. L, s. 11 (2).

Hearing not required unless referred to

(2) Nothing in this Act shall be construed to require a hearing to be held within the meaning of the Statutory Powers Procedure Act unless the holding of a hearing is specifically referred to.  1991, c. 18, s. 1 (2).

Administration of Act

2. The Minister is responsible for the administration of this Act. 1991, c. 18, s. 2.

Duty of Minister

3. It is the duty of the Minister to ensure that the health professions are regulated and co-ordinated in the public interest, that appropriate standards of practice are developed and maintained and that individuals have access to services provided by the health professions of their choice and that they are treated with sensitivity and respect in their dealings with health professionals, the Colleges and the Board.  1991, c. 18, s. 3.

Code

4. The Code shall be deemed to be part of each health profession Act.  1991, c. 18, s. 4.

Powers of Minister

5. (1) The Minister may,

(a) inquire into or require a Council to inquire into the state of practice of a health profession in a locality or institution;

(b) review a Council’s activities and require the Council to provide reports and information;

(c) require a Council to make, amend or revoke a regulation under a health profession Act or the Drug and Pharmacies Regulation Act;

(d) require a Council to do anything that, in the opinion of the Minister, is necessary or advisable to carry out the intent of this Act, the health profession Acts or the Drug and Pharmacies Regulation Act.

Council to comply with Minister’s request

(2) If the Minister requires a Council to do anything under subsection (1), the Council shall, within the time and in the manner specified by the Minister, comply with the requirement and submit a report.

Regulations

(3) If the Minister requires a Council to make, amend or revoke a regulation under clause (1) (c) and the Council does not do so within sixty days, the Lieutenant Governor in Council may make, amend or revoke the regulation.

Idem

(4) Subsection (3) does not give the Lieutenant Governor in Council authority to do anything that the Council does not have authority to do.

Expenses of Colleges

(5) The Minister may pay a College for expenses incurred in complying with a requirement under subsection (1).  1991, c. 18, s. 5.

Reports

Annual report

6. (1) Each College and the Advisory Council shall report annually to the Minister on its activities and financial affairs.  1998, c. 18, Sched. G, s. 2 (1).

Five-year report

(2) The Advisory Council shall report to the Minister, within five years after this section comes into force, on the effectiveness of,

(a) each College’s patient relations and quality assurance programs; and

(b) each College’s complaints and discipline procedures with respect to professional misconduct of a sexual nature.  1991, c. 18, s. 6 (2).

Audited financial statement

(3) Each College’s annual report shall include an audited financial statement.  1998, c. 18, Sched. G, s. 2 (2).

Advisory Council

Advisory Council

7. (1) The Advisory Council is established under the name Health Professions Regulatory Advisory Council in English and Conseil consultatif de réglementation des professions de la santé in French.

Composition

(2) The Advisory Council shall be composed of at least five and no more than seven persons who shall be appointed by the Lieutenant Governor in Council on the Minister’s recommendation.

Chair and vice-chair

(3) The Lieutenant Governor in Council shall designate one member of the Advisory Council to be the chair and one to be the vice-chair.  1991, c. 18, s. 7.

Qualification of members

8. A person may not be appointed as a member of the Advisory Council if the person,

(a) is employed in the public service of Ontario or by a Crown agency as defined in the Crown Agency Act; or

(b) is or has been a member of a Council or College.  1991, c. 18, s. 8.

Terms of members

9. (1) Members of the Advisory Council shall be appointed for terms of two years.

Replacement members

(2) A person appointed to replace a member of the Advisory Council before the member’s term expires shall hold office for the remainder of the term.

Reappointments

(3) Members of the Advisory Council are eligible for reappointment.

Initial members

(4) The initial members of the Advisory Council may be appointed for terms of one, two or three years.  1991, c. 18, s. 9.

Remuneration and expenses

10. The members of the Advisory Council shall be paid the remuneration and expenses the Lieutenant Governor in Council determines.  1991, c. 18, s. 10.

Duties of Advisory Council

11. (1) The Advisory Council’s duties are to advise the Minister on,

(a) whether unregulated professions should be regulated;

(b) whether regulated professions should no longer be regulated;

(c) suggested amendments to this Act, a health profession Act or a regulation under any of those Acts and suggested regulations under any of those Acts;

(d) matters concerning the quality assurance programs undertaken by Colleges; and

(e) any matter the Minister refers to the Advisory Council relating to the regulation of the health professions, including any matter described in clauses (a) to (d).

Additional duty

(2) It is the Advisory Council’s duty to monitor each College’s patient relations program and to advise the Minister about its effectiveness.  1991, c. 18, s. 11.

Referrals to the Advisory Council

12. The Minister shall refer to the Advisory Council any issue within the matters described in clauses 11 (1) (a) to (d) that a Council or person requests the Minister to refer to the Advisory Council unless, in the Minister’s opinion, the request is not made in good faith or is frivolous or vexatious.  1991, c. 18, s. 12.

Notice of amendments to Councils

13. (1) If the Minister refers a suggested amendment to this Act, a health profession Act or a regulation under any of those Acts or a suggested regulation under any of those Acts to the Advisory Council, the Minister shall give notice of the suggestion to the Council of every College within ten days after referring it.

Submissions to Advisory Council

(2) A Council may make written submissions to the Advisory Council with respect to a suggestion within forty-five days after receiving the Minister’s notice of the suggestion or within any longer period the Advisory Council may specify.  1991, c. 18, s. 13.

Function is advisory only

14. The function of the Advisory Council is advisory only and no failure to refer a matter or to comply with any other requirement relating to a referral renders anything invalid.  1991, c. 18, s. 14.

Procedure

15. (1) The Advisory Council shall sit in Ontario where and when the chair designates.

Idem

(2) The Advisory Council shall conduct its proceedings in the manner it considers appropriate.  1991, c. 18, s. 15.

Employees

16. (1) The Advisory Council may employ, under the Public Service Act, persons it considers necessary to carry out its duties.

Experts

(2) The Advisory Council may engage experts or professional advisors to assist it.  1991, c. 18, s. 16.

Secretary

17. (1) The Advisory Council shall appoint one of its employees as the Secretary.

Duties

(2) The Secretary’s duties are,

(a) to keep a record of matters that the Minister has referred to the Advisory Council;

(b) to have the custody and care of the records and documents of the Advisory Council;

(c) to give written notice of suggested amendments to this Act, a health profession Act or a regulation under any of those Acts and suggested regulations under any of those Acts that have been referred to the Advisory Council to persons who have filed, with the Secretary, a request to be notified; and

(d) to carry out the functions and duties assigned by the Minister or the Advisory Council.  1991, c. 18, s. 17.

Health Professions Board

18.-23. Repealed:  1998, c. 18, Sched. G, s. 3.

Investigations and expert advice

24. (1) Repealed:  1998, c. 18, Sched. G, s. 4.

Investigators

(2) The Board may engage persons who are not employed in the public service of Ontario to carry out investigations under subsection 28 (3) of the Code.

Experts

(3) The Board may engage persons who are not employed in the public service of Ontario to provide expert or professional advice in connection with a registration hearing, complaint review or registration review.

Independence of experts

(4) A person engaged under subsection (3) shall be independent of the parties and, in the case of a complaint review, of the Complaints Committee.

Advice disclosed

(5) The nature of any advice, including legal advice, given by a person engaged under subsection (3) shall be made known to the parties and they may make submissions with respect to the advice.  1991, c. 18, s. 24 (2-5).

25. Repealed:  1998, c. 18, Sched. G, s. 5.

Extension of time limits

26. (1) If the Board is satisfied that no person will be unduly prejudiced, it may, on reasonable grounds, extend any time limit with respect to,

(a) the obligation, under subsection 28 (1) of the Code, of a panel of a Complaints Committee to dispose of a complaint against a member;

(b) a Registrar’s obligation to give to the Board, under subsection 32 (1) of the Code, a record of an investigation of a complaint against a member and the documents and things upon which a decision was made with respect to the complaint;

(c) a requirement, under subsection 21 (1) of the Code, for a review or hearing by the Board; or

(d) a request, under subsection 29 (2) of the Code, for a review by the Board.

Limitation

(2) The Board shall not extend the time limit set out in subsection 29 (3) of the Code for more than sixty days.  1991, c. 18, s. 26.

Prohibitions

Controlled acts restricted

27. (1) No person shall perform a controlled act set out in subsection (2) in the course of providing health care services to an individual unless,

(a) the person is a member authorized by a health profession Act to perform the controlled act; or

(b) the performance of the controlled act has been delegated to the person by a member described in clause (a).  1991, c. 18, s. 27 (1); 1998, c. 18, Sched. G, s. 6.

Controlled acts

(2) A “controlled act” is any one of the following done with respect to an individual:

1. Communicating to the individual or his or her personal representative a diagnosis identifying a disease or disorder as the cause of symptoms of the individual in circumstances in which it is reasonably foreseeable that the individual or his or her personal representative will rely on the diagnosis.

2. Performing a procedure on tissue below the dermis, below the surface of a mucous membrane, in or below the surface of the cornea, or in or below the surfaces of the teeth, including the scaling of teeth.

3. Setting or casting a fracture of a bone or a dislocation of a joint.

4. Moving the joints of the spine beyond the individual’s usual physiological range of motion using a fast, low amplitude thrust.

5. Administering a substance by injection or inhalation.

6. Putting an instrument, hand or finger,

i. beyond the external ear canal,

ii. beyond the point in the nasal passages where they normally narrow,

iii. beyond the larynx,

iv. beyond the opening of the urethra,

v. beyond the labia majora,

vi. beyond the anal verge, or

vii. into an artificial opening into the body.

7. Applying or ordering the application of a form of energy prescribed by the regulations under this Act.

8. Prescribing, dispensing, selling or compounding a drug as defined in subsection 117 (1) of the Drug and Pharmacies Regulation Act, or supervising the part of a pharmacy where such drugs are kept.

9. Prescribing or dispensing, for vision or eye problems, subnormal vision devices, contact lenses or eye glasses other than simple magnifiers.

10. Prescribing a hearing aid for a hearing impaired person.

11. Fitting or dispensing a dental prosthesis, orthodontic or periodontal appliance or a device used inside the mouth to protect teeth from abnormal functioning.

12. Managing labour or conducting the delivery of a baby.

13. Allergy challenge testing of a kind in which a positive result of the test is a significant allergic response.

Exemptions

(3) An act by a person is not a contravention of subsection (1) if the person is exempted by the regulations under this Act or if the act is done in the course of an activity exempted by the regulations under this Act.  1991, c. 18, s. 27 (2, 3).

Delegation of controlled act

28. (1) The delegation of a controlled act by a member must be in accordance with any applicable regulations under the health profession Act governing the member’s profession.

Idem

(2) The delegation of a controlled act to a member must be in accordance with any applicable regulations under the health profession Act governing the member’s profession.  1991, c. 18, s. 28.

Exceptions

29. (1) An act by a person is not a contravention of subsection 27 (1) if it is done in the course of,

(a) rendering first aid or temporary assistance in an emergency;

(b) fulfilling the requirements to become a member of a health profession and the act is within the scope of practice of the profession and is done under the supervision or direction of a member of the profession;

(c) treating a person by prayer or spiritual means in accordance with the tenets of the religion of the person giving the treatment;

(d) treating a member of the person’s household and the act is a controlled act set out in paragraph 1, 5 or 6 of subsection 27 (2); or

(e) assisting a person with his or her routine activities of living and the act is a controlled act set out in paragraph 5 or 6 of subsection 27 (2).

Counselling

(2) Subsection 27 (1) does not apply with respect to a communication made in the course of counselling about emotional, social, educational or spiritual matters as long as it is not a communication that a health profession Act authorizes members to make.  1991, c. 18, s. 29.

Treatment, etc., where risk of harm

30. (1) No person, other than a member treating or advising within the scope of practice of his or her profession, shall treat or advise a person with respect to his or her health in circumstances in which it is reasonably foreseeable that serious physical harm may result from the treatment or advice or from an omission from them.

Exception

(2) Subsection (1) does not apply with respect to treatment by a person who is acting under the direction of or in collaboration with a member if the treatment is within the scope of practice of the member’s profession.

Delegation

(3) Subsection (1) does not apply with respect to an act by a person if the act is a controlled act that was delegated under section 28 to the person by a member authorized by a health profession Act to do the controlled act.

Counselling

(4) Subsection (1) does not apply with respect to counselling about emotional, social, educational or spiritual matters.

Exceptions

(5) Subsection (1) does not apply with respect to anything done by a person in the course of,

(a) rendering first aid or temporary assistance in an emergency;

(b) fulfilling the requirements to become a member of a health profession if the person is acting within the scope of practice of the profession under the supervision or direction of a member of the profession;

(c) treating a person by prayer or spiritual means in accordance with the tenets of the religion of the person giving the treatment;

(d) treating a member of the person’s household; or

(e) assisting a person with his or her routine activities of living.

Exemption

(6) Subsection (1) does not apply with respect to an activity or person that is exempted by the regulations.  1991, c. 18, s. 30.

Dispensing hearing aids

31. No person shall dispense a hearing aid for a hearing impaired person except under a prescription by a member authorized by a health profession Act to prescribe a hearing aid for a hearing impaired person.  1991, c. 18, s. 31.

Dental devices, etc.

32. (1) No person shall design, construct, repair or alter a dental prosthetic, restorative or orthodontic device unless,

(a) the technical aspects of the design, construction, repair or alteration are supervised by a member of the College of Dental Technologists of Ontario or the Royal College of Dental Surgeons of Ontario; or

(b) the person is a member of a College mentioned in clause (a).

Employers

(2) A person who employs a person to design, construct, repair or alter a dental prosthetic, restorative or orthodontic device shall ensure that subsection (1) is complied with.

Supervisors

(3) No person shall supervise the technical aspects of the design, construction, repair or alteration of a dental prosthetic, restorative or orthodontic device unless he or she is a member of the College of Dental Technologists of Ontario or the Royal College of Dental Surgeons of Ontario.

Denturists

(4) This section does not apply with respect to the design, construction, repair or alteration of removable dentures for the patients of a member of the College of Denturists of Ontario if the member does the designing, construction, repair or alteration or supervises their technical aspects.

Exceptions

(5) This section does not apply with respect to anything done in a hospital as defined in the Public Hospitals Act or in a clinic associated with a university’s faculty of dentistry or the denturism program of a college of applied arts and technology.  1991, c. 18, s. 32.

Restriction of title “doctor”

33. (1) Except as allowed in the regulations under this Act, no person shall use the title “doctor”, a variation or abbreviation or an equivalent in another language in the course of providing or offering to provide, in Ontario, health care to individuals.

Idem

(2) Subsection (1) does not apply to a person who is a member of,

(a) the College of Chiropractors of Ontario;

(b) the College of Optometrists of Ontario;

(c) the College of Physicians and Surgeons of Ontario;

(d) the College of Psychologists of Ontario; or

(e) the Royal College of Dental Surgeons of Ontario.

Definition

(3) In this section,

“abbreviation” includes an abbreviation of a variation.  1991, c. 18, s. 33.

Holding out as a College

34. (1) No corporation shall falsely hold itself out as a body that regulates, under statutory authority, individuals who provide health care.

Idem

(2) No individual shall hold himself or herself out as a member, employee or agent of a body that the individual falsely represents as or knows is falsely represented as regulating, under statutory authority, individuals who provide health care.  1991, c. 18, s. 34.

Holding out as a health profession corporation

34.1 (1) No corporation shall hold itself out as a health profession corporation unless it holds a valid certificate of authorization.  2000, c. 42, Sched., s. 30.

Same

(2) No person shall hold himself or herself out as a shareholder, officer, director, agent or employee of a health profession corporation unless the corporation holds a valid certificate of authorization.  2000, c. 42, Sched., s. 30.

Miscellaneous

Exemption, aboriginal healers and midwives

35. (1) This Act does not apply to,

(a) aboriginal healers providing traditional healing services to aboriginal persons or members of an aboriginal community; or

(b) aboriginal midwives providing traditional midwifery services to aboriginal persons or members of an aboriginal community.

Jurisdictions of Colleges

(2) Despite subsection (1), an aboriginal healer or aboriginal midwife who is a member of a College is subject to the jurisdiction of the College.

Definitions

(3) In this section,

“aboriginal healer” means an aboriginal person who provides traditional healing services; (“guérisseur autochtone”)

“aboriginal midwife” means an aboriginal person who provides traditional midwifery services. (“sage-femme autochtone”)  1991, c. 18, s. 35.

Confidentiality

36. (1) Every person employed, retained or appointed for the purpose of the administration of this Act, a health profession Act or the Drug and Pharmacies Regulation Act and every member of a Council or committee of a College shall preserve secrecy with respect to all information that comes to his or her knowledge in the course of his or her duties and shall not communicate any information to any other person except,

(a) to the extent that the information is available to the public under this Act, a health profession Act or the Drug and Pharmacies Regulation Act;

(b) in connection with the administration of this Act, a health profession Act or the Drug and Pharmacies Regulation Act, including, without limiting the generality of this, in connection with anything relating to the registration of members, complaints about members, allegations of members’ incapacity, incompetence or acts of professional misconduct or the governing of the profession;

(c) to a body that governs a health profession in a jurisdiction other than Ontario;

(d) as may be required for the administration of the Drug Interchangeability and Dispensing Fee Act, the Healing Arts Radiation Protection Act, the Health Insurance Act, the Independent Health Facilities Act, the Laboratory and Specimen Collection Centre Licensing Act, the Ontario Drug Benefit Act, the Narcotic Control Act (Canada) and the Food and Drugs Act (Canada);

(d.1) to a police officer to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result;

(e) to the counsel of the person who is required to preserve secrecy; or

(f) with the written consent of the person to whom the information relates.  1991, c. 18, s. 36 (1); 1996, c. 1, Sched. G, s. 27 (1); 1998, c. 18, Sched. G, s. 7 (1).

Reports required under Code

(1.1) Clauses (1) (c) and (d) do not apply with respect to reports required under section 85.1 or 85.2 of the Code.  1993, c. 37, s. 1.

Definition

(1.2) In clause (1) (d.1),

“law enforcement proceeding” means a proceeding in a court or tribunal that could result in a penalty or sanction being imposed.

Limitation

(1.3) No person or member described in subsection (1) shall disclose, under clause (1) (d.1), any information with respect to a person other than a member.

No requirement

(1.4) Nothing in clause (1) (d.1) shall require a person described in subsection (1) to disclose information to a police officer unless the information is required to be produced under a warrant.  1998, c. 18, Sched. G, s. 7 (2).

Not compellable

(2) No person or member described in subsection (1) shall be compelled to give testimony in a civil proceeding with regard to matters that come to his or her knowledge in the course of his or her duties.  1991, c. 18, s. 36 (2).

Evidence in civil proceedings

(3) No record of a proceeding under this Act, a health profession Act or the Drug and Pharmacies Regulation Act, no report, document or thing prepared for or statement given at such a proceeding and no order or decision made in such a proceeding is admissible in a civil proceeding other than a proceeding under this Act, a health profession Act or the Drug and Pharmacies Regulation Act or a proceeding relating to an order under section 11.1 or 11.2 of the Ontario Drug Benefit Act.  1991, c. 18, s. 36 (3); 1996, c. 1, Sched. G, s. 27 (2).

Onus of proof to show registration

37. (1) A person who is charged with an offence to which registration under a health profession Act would be a defence shall be deemed, in the absence of evidence to the contrary, to have not been registered.  1991, c. 18, s. 37.

Onus of proof to show certificate of authorization

(2) A person who is charged with an offence to which holding a certificate of authorization under a health profession Act would be a defence shall be deemed, in the absence of evidence to the contrary, to have not been issued a certificate of authorization.  2000, c. 42, Sched., s. 31.

Immunity

38. No action or other proceeding for damages shall be instituted against the Advisory Council, a College, a Council, or a member, officer, employee, agent or appointee of the Advisory Council, a College, a Council, a committee of a Council or a panel of a committee of a Council for an act done in good faith in the performance or intended performance of a duty or in the exercise or the intended exercise of a power under this Act, a health profession Act, the Drug and Pharmacies Regulation Act or a regulation or a by-law under those Acts or for any neglect or default in the performance or exercise in good faith of the duty or power.  1991, c. 18, s. 38; 1998, c. 18, Sched. G, s. 8.

Service by mail

39. (1) A notice to be given under this Act to a person may be given by mail.

Idem

(2) If a notice under this Act is sent by prepaid first class mail addressed to the person at the person’s last known address there is a rebuttable presumption that the notice was received by the person on the fifth day after the notice was mailed.  1991, c. 18, s. 39.

Offence

40. (1) Every person who contravenes subsection 27 (1) or 30 (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than six months, or to both.  1991, c. 18, s. 40 (1).

Idem

(2) Every person who contravenes section 31, 32 or 33 or subsection 34 (2) or 34.1 (2) is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for a first offence and not more than $10,000 for a subsequent offence.  1991, c. 18, s. 40 (2); 2000, c. 42, Sched., s. 32 (1).

Idem

(3) Every person who contravenes subsection 34 (1) or 34.1 (1) is guilty of an offence and on conviction is liable to a fine of not more than $10,000 for a first offence and not more than $20,000 for a subsequent offence.  1991, c. 18, s. 40 (3); 2000, c. 42, Sched., s. 32 (2); 2001, c. 8, s. 217.

Same

(4) Every person who contravenes subsection 36 (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000.  1993, c. 37, s. 2.

Responsibility of employment agencies

41. Every person who procures employment for an individual and who knows that the individual cannot perform the duties of the position without contravening subsection 27 (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000.  1991, c. 18, s. 41.

Responsibility of employers

42. (1) The employer of a person who contravenes subsection 27 (1) while acting within the scope of his or her employment is guilty of an offence and on conviction is liable to a fine of not more than $25,000.

Responsibility of directors of corporate employers

(2) In addition, if the employer described in subsection (1) is a corporation, every director of the corporation who approved of, permitted or acquiesced in the contravention is guilty of an offence and on conviction is liable to a fine of not more than $25,000.

Exception

(3) Subsection (2) does not apply with respect to a corporation that operates a public hospital within the meaning of the Public Hospitals Act or to a corporation to which Part III of the Corporations Act applies.  1991, c. 18, s. 42.

Regulations

43. (1) Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations,

(a) prescribing forms of energy for the purposes of paragraph 7 of subsection 27 (2);

(b) exempting a person or activity from subsection 27 (1) or 30 (1);

(c) attaching conditions to an exemption in a regulation made under clause (b);

(d) allowing the use of the title “doctor”, a variation or abbreviation or an equivalent in another language;

(e) respecting health profession corporations;

(f) governing the issue, renewal, suspension, revocation and expiration of certificates of authorization;

(g) governing the names of health profession corporations.  1991, c. 18, s. 43 (1); 2000, c. 42, Sched., s. 33.

Scope of regulations

(2) A regulation may be general or particular in its application.  1991, c. 18, s. 43 (2).

Definition

(3) In clause (1) (d),

“abbreviation” includes an abbreviation of a variation.  1991, c. 18, s. 43 (3).

Regulations

43.1 Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations governing funding under programs required under section 85.7 of the Code, including regulations,

(a) prescribing the maximum amount or a means of establishing the maximum amount of funding that may be provided for a person in respect of a case of sexual abuse;

(b) prescribing the period of time during which funding may be provided for a person in respect of a case of sexual abuse.  1993, c. 37, s. 3.

References to health professionals

44. A reference in an Act or regulation to a person described in Column 1 of the Table shall be deemed to be a reference to a person described opposite in Column 2.  1991, c. 18, s. 44.

45. Omitted (amends or repeals other Acts).  1991, c. 18, s. 45.

46. Omitted (revokes regulations).  1991, c. 18, s. 46.

47., 48. Omitted (amends or repeals other Acts).  1991, c. 18, ss. 47, 48.

49. Omitted (provides for coming into force of provisions of this Act).  1991, c. 18, s. 49.

50. Omitted (enacts short title of this Act).  1991, c. 18, s. 50.

Note: Item 6 of the Table has not been proclaimed in force.

table

 

Column 1

Column 2

1.

person registered as a chiropodist under the Chiropody Act

member of the College of Chiropodists of Ontario

2.

person registered as a dental technician under the Dental Technicians Act

member of the College of Dental Technologists of Ontario

3.

person licensed as a denture therapist under the Denture Therapists Act

member of the College of Denturists of Ontario

4.

person registered as a chiropractor under the Drugless Practitioners Act

member of the College of Chiropractors of Ontario

5.

person registered as a masseur under the Drugless Practitioners Act

member of the College of Massage Therapists of Ontario

6.

person registered as an osteopath under the Drugless Practitioners Act

member of the College of Physicians and Surgeons of Ontario classed as an osteopath

7.

person registered as a physiotherapist under the Drugless Practitioners Act

member of the College of Physiotherapists of Ontario

8.

person registered as a dental hygienist under Part II of the Health Disciplines Act

member of the College of Dental Hygienists of Ontario

9.

person licensed under Part II of the Health Disciplines Act

member of the Royal College of Dental Surgeons of Ontario

10.

person licensed under Part III of the Health Disciplines Act

member of the College of Physicians and Surgeons of Ontario

11.

person who is the holder of a certificate issued under Part IV of the Health Disciplines Act

member of the College of Nurses of Ontario

12.

person licensed under Part V of the Health Disciplines Act

member of the College of Optometrists of Ontario

13.

person licensed under Part VI of the Health Disciplines Act

member of the Ontario College of Pharmacists

14.

Person registered under the Ophthalmic Dispensers Act

member of the College of Opticians of Ontario

15.

person registered under the Psychologists Registration Act

member of the College of Psychologists of Ontario

16.

person registered under the Radiological Technicians Act

member of the College of Medical Radiation Technologists of Ontario

1991, c. 18, Table.

schedule 1
SELF GOVERNING HEALTH PROFESSIONS

Health Profession Acts

Health Profession

Audiology and Speech-Language Pathology Act, 1991

Audiology and Speech-Language Pathology

Chiropody Act, 1991

Chiropody

Chiropractic Act, 1991

Chiropractic

Dental Hygiene Act, 1991

Dental Hygiene

Dental Technology Act, 1991

Dental Technology

Dentistry Act, 1991

Dentistry

Denturism Act, 1991

Denturism

Dietetics Act, 1991

Dietetics

Massage Therapy Act, 1991

Massage Therapy

Medical Laboratory Technology Act, 1991

Medical Laboratory Technology

Medical Radiation Technology Act, 1991

Medical Radiation Technology

Medicine Act, 1991

Medicine

Midwifery Act, 1991

Midwifery

Nursing Act, 1991

Nursing

Occupational Therapy Act, 1991

Occupational Therapy

Opticianry Act, 1991

Opticianry

Optometry Act, 1991

Optometry

Pharmacy Act, 1991

Pharmacy

Physiotherapy Act, 1991

Physiotherapy

Psychology Act, 1991

Psychology

Respiratory Therapy Act, 1991

Respiratory Therapy

1991, c. 18, Sched. 1; 1998, c. 18, Sched. G, s. 9.

schedule 2
HEALTH PROFESSIONS PROCEDURAL CODE

Note:  This Code is deemed by section 4 of the Regulated Health Professions Act, 1991 to be part of each health profession Act.

CONTENTS

1.

Interpretation

1.1

Statement of purpose, sexual abuse provisions

 

College

2.

College is body corporate

3.

Objects of College

4.

Council

5.

Terms

6.

Quorum

7.

Meetings

8.

Remuneration and expenses

9.

Employees

10.

Committees

11.

Annual reports

12.

Executive Committee’s exercise of Council’s powers

13.

Members

14.

Continuing jurisdiction

 

Registration

15.

Registration

16.

Disclosure of application file

17.

Panels

18.

Consideration by panel

19.

Application for variation

20.

Notice of orders

21.

Appeal to Board

22.

Registration hearings or reviews

23.

Register

24.

Suspension for non-payment of fees

 

Complaints

25.

Panel for investigation of complaints

26.

Consideration by panel

27.

Notice of decision

28.

Timely disposal

29.

Review by Board

30.

When no review

31.

Personal representative as complainant

32.

Record of decision to be reviewed

33.

Conduct of review

34.

Procedural provisions

35.

Powers of Board

 

Discipline

36.

Executive Committee referral

37.

Interim suspension

38.

Panel for discipline hearing

39.

Panel members deemed to continue

40.

Amendment of notice of hearing

41.

Parties

41.1

Non-party participation in hearings

42.

Disclosure of evidence

42.1

Disclosure of evidence

43.

No communication by panel members

44.

Legal advice

45.

Hearings public

46.

Exception to closed hearings

47.

Sexual misconduct witnesses

48.

Transcript of hearings

49.

Admissibility of evidence

50.

Members of panel who participate

51.

Professional misconduct

52.

Incompetence

53.

Costs if proceedings unwarranted

53.1

College’s costs

54.

Decision to complainant

55.

Release of evidence

56.

Publication of decisions

 

Incapacity

57.

Registrar’s inquiry

58.

Appointment of board of inquiry

59.

Inquiries by board

60.

Board’s report

61.

Referral to Fitness to Practise Committee

62.

Interim suspension

63.

Restrictions on orders

64.

Panels for Fitness to Practise hearings

65.

Parties

66.

Reports of health professionals

67.

Procedural provisions

68.

Hearings closed

69.

Orders

 

Appeals to Court

70.

Appeals from decisions

71.

No stay of certain orders pending appeal

71.1

No stay of certain orders pending appeal

 

Reinstatement

72.

Applications for reinstatement

73.

Referral to Committee

74.

Orders without hearing

 

Registrar’s Powers of Investigation

75.

Investigators

76.

Powers of investigators

77.

Entries and searches

78.

Copying of documents and objects

79.

Report of investigation

 

Quality Assurance Committee

79.1

Reference to Quality Assurance Committee

80.

Quality assurance program required

81.

Assessors

82.

Co-operation with Committee and assessors

83.

Confidentiality of information

83.1

Quality assurance and other information

 

Patient Relations Program

84.

Patient relations program

85.

Advice to Council

 

Reporting of Health Professionals

85.1

Reporting by members

85.2

Reporting by facilities

85.3

Requirements of required reports

85.4

Additional reports, psychotherapy

85.5

Reporting by employers, etc.

85.6

Immunity for reports

 

Funding for Therapy and Counselling

85.7

Funding provided by College

 

Health Profession Corporations

85.8

Professional corporations

85.9

Notice of change of shareholder

85.10

Application of Act, etc.

85.11

Professional, fiduciary and ethical obligations to patients

85.12

Conflict in duties

85.13

Restrictions apply to corporation’s certificate

85.14

Prohibition, professional misconduct

 

Miscellaneous

86.

Right to use French

87.

Court orders

88.

Evidence of Registrar

89.

Repealed

90.

Repealed

91.

Service by mail

92.

Making false representations to obtain certificates

92.1

Protection for reporters from reprisals

93.

Offence

93.1

Forms

94.

By-laws

95.

Regulations

Interpretation

1. (1) In this Code,

“Board” means the Health Professions Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998; (“Commission”)

“by-laws” means by-laws made by the Council; (“règlements administratifs”)

“certificate of authorization” means a certificate of authorization issued under the Regulated Health Professions Act, 1991 or this Code; (“certificat d’autorisation”)

“certificate of registration” means a certificate of registration issued by the Registrar; (“certificat d’inscription”)

“Council” means the Council of the College; (“conseil”)

“drug” means drug as defined in subsection 117 (1) of the Drug and Pharmacies Regulation Act; (“médicament”)

“health profession corporation” means a corporation incorporated under the Business Corporations Act that holds a valid certificate issued under the Regulated Health Professions Act, 1991 or this Code; (“société professionnelle de la santé”)

“incapacitated” means, in relation to a member, that the member is suffering from a physical or mental condition or disorder that makes it desirable in the interest of the public that the member no longer be permitted to practise or that the member’s practice be restricted; (“frappé d’incapacité”)

“member” means a member of the College; (“membre”)

“Minister” means the Minister of Health and Long-Term Care; (“ministre”)

“patient relations program” means a program to enhance relations between members and patients; (“programme de relations avec les patients”)

“prescribed” means prescribed in the regulations; (“prescrit”)

“quality assurance program” means a program to assure the quality of the practice of the profession and to promote continuing competence among the members; (“programme d’assurance de la qualité”)

“Registrar” means the Registrar of the College; (“registrateur”)

“registration” means the issuance of a certificate of registration. (“inscription”)  1991, c. 18, Sched. 2, s. 1 (1); 1998, c. 18, Sched. G, s. 10; 2000, c. 42, Sched., s. 34; 2006, c. 19, Sched. L, s. 11 (2).

Hearing not required unless referred to

(2) Nothing in the health profession Act or this Code shall be construed to require a hearing to be held within the meaning of the Statutory Powers Procedure Act unless the holding of a hearing is specifically referred to.  1991, c. 18, Sched. 2, s. 1 (2).

Sexual abuse of a patient

(3) In this Code,

“sexual abuse” of a patient by a member means,

(a) sexual intercourse or other forms of physical sexual relations between the member and the patient,

(b) touching, of a sexual nature, of the patient by the member, or

(c) behaviour or remarks of a sexual nature by the member towards the patient.  1993, c. 37, s. 4.

Exception

(4) For the purposes of subsection (3),

“sexual nature” does not include touching, behaviour or remarks of a clinical nature appropriate to the service provided.  1993, c. 37, s. 4.

Statement of purpose, sexual abuse provisions

1.1 The purpose of the provisions of this Code with respect to sexual abuse of patients by members is to encourage the reporting of such abuse, to provide funding for therapy and counselling for patients who have been sexually abused by members and, ultimately, to eradicate the sexual abuse of patients by members.  1993, c. 37, s. 5.

College

College is body corporate

2. (1) The College is a body corporate without share capital with all the powers of a natural person.

Corporations Act

(2) The Corporations Act does not apply in respect to the College.  1991, c. 18, Sched. 2, s. 2.

Objects of College

3. (1) The College has the following objects:

1. To regulate the practice of the profession and to govern the members in accordance with the health profession Act, this Code and the Regulated Health Professions Act, 1991 and the regulations and by-laws.

2. To develop, establish and maintain standards of qualification for persons to be issued certificates of registration.

3. To develop, establish and maintain programs and standards of practice to assure the quality of the practice of the profession.

4. To develop, establish and maintain standards of knowledge and skill and programs to promote continuing competence among the members.

5. To develop, establish and maintain standards of professional ethics for the members.

6. To develop, establish and maintain programs to assist individuals to exercise their rights under this Code and the Regulated Health Professions Act, 1991.

7. To administer the health profession Act, this Code and the Regulated Health Professions Act, 1991 as it relates to the profession and to perform the other duties and exercise the other powers that are imposed or conferred on the College.

8. Any other objects relating to human health care that the Council considers desirable.

Duty

(2) In carrying out its objects, the College has a duty to serve and protect the public interest.  1991, c. 18, Sched. 2, s. 3.

Council

4. The College shall have a Council that shall be its board of directors and that shall manage and administer its affairs.  1991, c. 18, Sched. 2, s. 4.

Terms

5. (1) No term of a Council member who is elected shall exceed three years.

Multiple terms

(2) A person may be a Council member for more than one term but no person who is elected may be a Council member for more than nine consecutive years.  1991, c. 18, Sched. 2, s. 5.

Quorum

6. A majority of the members of the Council constitute a quorum.  1991, c. 18, Sched. 2, s. 6.

Meetings

7. (1) The meetings of the Council shall be open to the public and reasonable notice shall be given to the members of the College and to the public.

Exclusion of public

(2) Despite subsection (1), the Council may exclude the public from any meeting or part of a meeting if it is satisfied that,

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that meetings be open to the public;

(c) a person involved in a criminal proceeding or civil suit or proceeding may be prejudiced;

(d) personnel matters or property acquisitions will be discussed;

(e) instructions will be given to or opinions received from the solicitors for the College; or

(f) the Council will deliberate whether to exclude the public from a meeting or whether to make an order under subsection (3).

Orders preventing public disclosure

(3) In situations in which the Council may exclude the public from meetings, it may make orders it considers necessary to prevent the public disclosure of matters disclosed in the meeting, including banning publication or broadcasting of those matters.

Reasons noted in minutes

(4) If the Council excludes the public from a meeting or makes an order under subsection (3), it shall have its reasons for doing so noted in the minutes of the meeting.  1991, c. 18, Sched. 2, s. 7.

Remuneration and expenses

8. Council members appointed by the Lieutenant Governor in Council shall be paid, by the Minister, the expenses and remuneration the Lieutenant Governor in Council determines.  1991, c. 18, Sched. 2, s. 8; 2006, c. 19, Sched. L, s. 10 (1).

Employees

9. (1) The Council may employ persons it considers advisable.

Registrar

(2) The Council shall appoint one of its employees as the Registrar.  1991, c. 18, Sched. 2, s. 9.

Committees

10. (1) The College shall have the following committees:

1. Executive Committee.

2. Registration Committee.

3. Complaints Committee.

4. Discipline Committee.

5. Fitness to Practise Committee.

6. Quality Assurance Committee.

7. Patient Relations Committee.

Appointment

(2) The Council shall appoint the members of the committees.  1991, c. 18, Sched. 2, s. 10 (1, 2).

Composition

(3) The composition of the committees shall be in accordance with the by-laws.  1991, c. 18, Sched. 2, s. 10 (3); 1998, c. 18, Sched. G, s. 11.

Annual reports

11. (1) Each committee named in subsection 10 (1) shall annually submit a report of its activities to the Council.

Exclusions from reports

(2) The Executive Committee shall not submit a report that contains information, other than information of a general statistical nature, relating to,

(a) a referral by the Executive Committee to the Discipline or Fitness to Practise Committee until a panel of the Discipline or Fitness to Practise Committee disposes of the matter;

(b) an approval for the Registrar to appoint an investigator until the investigation is completed and reported by the Registrar and the Executive Committee decides not to make a referral with respect to the matter to the Discipline Committee or, if the Executive Committee makes a referral with respect to the matter to the Discipline Committee, until a panel of the Discipline Committee disposes of the matter; or

(c) an interim order made by the Executive Committee in respect of a member until a panel of the Discipline Committee disposes of the matter.  1991, c. 18, Sched. 2, s. 11.

Executive Committee’s exercise of Council’s powers

12. (1) Between the meetings of the Council, the Executive Committee has all the powers of the Council with respect to any matter that, in the Committee’s opinion, requires immediate attention, other than the power to make, amend or revoke a regulation or by-law.

Report to Council

(2) If the Executive Committee exercises a power of the Council under subsection (1), it shall report on its actions to the Council at the Council’s next meeting.  1991, c. 18, Sched. 2, s. 12.

Members

13. (1) A person registered by the College is a member.

Suspended members

(2) A person whose certificate of registration is suspended is not a member.  1991, c. 18, Sched. 2, s. 13.

Continuing jurisdiction

14. (1) A person whose certificate of registration is revoked or who resigns as a member continues to be subject to the jurisdiction of the College for professional misconduct referable to the time when the person was a member.

Idem

(2) A person whose certificate of registration is suspended continues to be subject to the jurisdiction of the College for incapacity and for professional misconduct or incompetence referable to the time when the person was a member or to the period of the suspension.  1991, c. 18, Sched. 2, s. 14.

Registration

Registration

15. (1) If a person applies to the Registrar for registration, the Registrar shall,

(a) register the applicant; or

(b) refer the application to the Registration Committee.  1991, c. 18, Sched. 2, s. 15 (1).

Referrals to Registration Committee

(2) The Registrar shall refer an application for registration to the Registration Committee if the Registrar,

(a) has doubts, on reasonable grounds, about whether the applicant fulfils the registration requirements;

(b) is of the opinion that terms, conditions or limitations should be imposed on a certificate of registration of the applicant and the applicant does not consent to the imposition; or

(c) proposes to refuse the application.  1991, c. 18, Sched. 2, s. 15 (2); 1993, c. 37, s. 6.

Notice to applicant

(3) If the Registrar refers an application to the Registration Committee, he or she shall give the applicant notice of the statutory grounds for the referral and of the applicant’s right to make written submissions under subsection 18 (1).

Terms, etc., attached on consent

(4) If the Registrar is of the opinion that a certificate of registration should be issued to an applicant with terms, conditions or limitations imposed and the applicant consents to the imposition, the Registrar may do so with the approval of a panel of the Registration Committee selected by the chair for the purpose.

Panels for consent

(5) Subsections 17 (2) and (3) apply with respect to the panel mentioned in subsection (4).  1991, c. 18, Sched. 2, s. 15 (3-5).

Disclosure of application file

16. (1) The Registrar shall give an applicant for registration, at his or her request, all the information and a copy of each document the College has that is relevant to the application.

Exception

(2) The Registrar may refuse to give an applicant anything that may, in the Registrar’s opinion, jeopardize the safety of any person.  1991, c. 18, Sched. 2, s. 16.

Panels

17. (1) An application for registration referred to the Registration Committee or an application referred back to the Registration Committee by the Board shall be reviewed by a panel selected by the chair from among the members of the Committee.

Idem

(2) A panel shall be composed of at least three persons, one of whom shall be a person appointed to the Council by the Lieutenant Governor in Council.

Quorum

(3) Three members of a panel constitute a quorum.  1991, c. 18, Sched. 2, s. 17.

Consideration by panel

18. (1) An applicant may make written submissions to the panel within thirty days after receiving notice under subsection 15 (3) or within any longer period the Registrar may specify in the notice.

Orders by panel

(2) After considering the application and the submissions, the panel may make an order doing any one or more of the following:

1. Directing the Registrar to issue a certificate of registration.

2. Directing the Registrar to issue a certificate of registration if the applicant successfully completes examinations set or approved by the panel.

3. Directing the Registrar to issue a certificate of registration if the applicant successfully completes additional training specified by the panel.

4. Directing the Registrar to impose specified terms, conditions and limitations on a certificate of registration of the applicant and specifying a limitation on the applicant’s right to apply under subsection 19 (1).

5. Directing the Registrar to refuse to issue a certificate of registration.

Idem

(3) A panel, in making an order under subsection (2), may direct the Registrar to issue a certificate of registration to an applicant who does not meet a registration requirement unless the requirement is prescribed as a non-exemptible requirement.

Order on consent

(4) The panel may, with the consent of the applicant, direct the Registrar to issue a certificate of registration with the terms, conditions and limitations specified by the panel imposed.  1991, c. 18, Sched. 2, s. 18.

Application for variation

19. (1) A member may apply to the Registration Committee for an order directing the Registrar to remove or modify any term, condition or limitation imposed on the member’s certificate of registration as a result of a registration proceeding.

Limitations

(2) The right to apply under subsection (1) is subject to any limitation in the order imposing the term, condition or limitation or to which the member consented and to any limitation made under subsection (7) in the disposition of a previous application under this section.

Panels

(3) An application to the Registration Committee under subsection (1) or an application referred back to the Registration Committee by the Board shall be reviewed by a panel selected by the chair from among the members of the Committee.

Idem

(4) Subsections 17 (2) and (3) apply with respect to the panel mentioned in subsection (3).

Submissions

(5) An applicant may make written submissions to the panel.

Orders

(6) After considering the application and the submissions, the panel may make an order doing any one or more of the following:

1. Refusing the application.

2. Directing the Registrar to remove any term, condition or limitation imposed on the certificate of registration.

3. Directing the Registrar to impose terms, conditions or limitations on the certificate of registration.

Limitations on applications

(7) The panel, in disposing of an application under this section, may fix a period of time not longer than six months during which the applicant may not apply under subsection (1).  1991, c. 18, Sched. 2, s. 19.

Notice of orders

20. (1) A panel shall give the applicant notice of an order it makes under subsection 18 (2) or 19 (6) and written reasons for it if the order,

(a) directs the Registrar to refuse to issue a certificate of registration;

(b) directs the Registrar to issue a certificate of registration if the applicant successfully completes examinations or additional training;

(c) directs the Registrar to impose terms, conditions and limitations on a certificate of registration of the applicant; or

(d) refuses an application for an order removing or modifying any term, condition or limitation imposed on a certificate of registration.

Contents of notice

(2) A notice under subsection (1) shall inform the applicant of the order and of the provisions of subsections 21 (1) and (2).  1991, c. 18, Sched. 2, s. 20.

Appeal to Board

21. (1) An applicant who has been given a notice under subsection 20 (1) of an order may require the Board to hold a review of the application and the documentary evidence in support of it, or a hearing of the application, by giving the Board and the Registration Committee notice in accordance with subsection (2).

Requirements of notice

(2) A notice under subsection (1) shall be a written notice, given within thirty days after the notice under subsection 20 (1) was given, specifying whether a review or a hearing is required.

Order, etc., to Board

(3) If the Registration Committee receives a notice that an applicant requires a hearing or review, it shall, within fifteen days after receiving the notice, give the Board a copy of the order made with respect to the application, the reasons for it and the documents and things upon which the decision to make the order was based.

When order may be carried out

(4) An order of a panel, notice of which is required under subsection 20 (1), may be carried out only when,

(a) the applicant has given the Registrar notice that the applicant will not be requiring a review or hearing;

(b) thirty-five days have passed since the notice of the order was given under subsection 20 (1) without the applicant requiring a review or hearing; or

(c) the Board has confirmed the order.  1991, c. 18, Sched. 2, s. 21.

Registration hearings or reviews

22. (1) This section applies to a hearing or review by the Board required by an applicant under subsection 21 (1).

Procedural provisions

(2) The following provisions apply with necessary modifications to a hearing or review:

1. Subsection 38 (4) (exclusion from panel).

2. Section 42 (disclosure of evidence).

3. Section 43 (no communication by panel members).

4. Section 50 (members of panel who participate).

5. Section 55 (release of evidence).

Idem

(3) The following provisions also apply with necessary modifications to a hearing:

1. Section 45 (hearings open).

2. Section 47 (sexual misconduct witnesses).

3. Section 48 (transcript of hearings).  1991, c. 18, Sched. 2, s. 22 (1-3).

Same

(3.1) The following provisions of the Statutory Powers Procedure Act also apply with necessary modifications to a review by the Board:

1. Section 21.1 (correction of errors).

2. Section 25.1 (rules).  1998, c. 18, Sched. G, s. 12.

Findings of fact

(4) The findings of fact in a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act.

Idem

(5) The findings of fact in a review shall be based exclusively on the application and documentary evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act.

Disposal by Board

(6) The Board shall, after the hearing or review, make an order doing any one or more of the following:

1. Confirming the order made by the panel.

2. Requiring the Registration Committee to make an order directing the Registrar to issue a certificate of registration to the applicant if the applicant successfully completes any examinations or training the Registration Committee may specify.

3. Requiring the Registration Committee to make an order directing the Registrar to issue a certificate of registration to the applicant and to impose any terms, conditions and limitations the Board considers appropriate.

4. Referring the matter back to the Registration Committee for further consideration by a panel, together with any recommendations the Board considers appropriate.

Idem

(7) The Board may make an order under paragraph 3 of subsection (6) only if the Board finds that the applicant substantially qualifies for registration and that the panel has exercised its powers improperly.

Limitation on order

(8) The Board, in making an order under subsection (6), shall not require the Registration Committee to direct the Registrar to issue a certificate of registration to an applicant who does not meet a registration requirement that is prescribed as a non-exemptible requirement.

Parties

(9) The College and the applicant are parties to a hearing or review.  1991, c. 18, Sched. 2, s. 22 (4-9).

Register

23. (1) The Registrar shall maintain a register.  1991, c. 18, Sched. 2, s. 23 (1).

Contents of register

(2) The register shall contain,

(a) each member’s name, business address and business telephone number and, if applicable, the name of each health profession corporation in which he or she is a shareholder;

(b) each member’s class of registration and specialist status;

(c) the terms, conditions and limitations imposed on each certificate of registration;

(d) a notation of every revocation and suspension of a certificate of registration;

(d.1) the name, business address and business telephone number of every health profession corporation;

(d.2) the names of the shareholders of each health profession corporation;

(d.3) a notation of every revocation and suspension of a certificate of authorization;

(e) the result of every disciplinary and incapacity proceeding;

(e.1) where findings of the Discipline Committee are appealed, a notation that they are under appeal;

(f) information that a panel of the Registration, Discipline or Fitness to Practise Committee specifies shall be included; and

(g) information that is required to be kept in the register in accordance with the by-laws.  1991, c. 18, Sched. 2, s. 23 (2); 1993, c. 37, s. 7 (1); 1998, c. 18, Sched. G, s. 13 (1); 2000, c. 42, Sched., s. 35 (1); 2001, c. 8, s. 218 (1, 2).

Same

(2.1) When an appeal of findings of the Discipline Committee is finally disposed of, the notation added to the register under clause (2) (e.1) shall be removed.  1993, c. 37, s. 7 (2).

Access to information

(3) A person may obtain, during normal business hours, the following information contained in the register:

1. Information described in clauses (2) (a), (b), (c), (d.1) and (d.2).

2. Information described in clause (2) (d) relating to a suspension that is in effect.

2.1 Information described in clause (2) (d.3) relating to a revocation or suspension that is in effect.

3. The results of every disciplinary and incapacity proceeding completed within six years before the time the register was prepared or last updated,

i. in which a member’s certificate of registration was revoked or suspended or had terms, conditions or limitations imposed on it, or

ii. in which a member was required to pay a fine or attend to be reprimanded or in which an order was suspended if the results of the proceeding were directed to be included in the register by a panel of the Discipline or Fitness to Practise Committee.

3.1 For every disciplinary proceeding, completed at any time before the time the register was prepared or last updated, in which a member was found to have committed sexual abuse, as defined in clause 1 (3) (a) or (b), the results of the proceeding.

3.2 Information described in clause (2) (e.1) related to appeals of findings of the Discipline Committee.

4. Information designated as public in the by-laws.  1991, c. 18, Sched. 2, s. 23 (3); 1993, c. 37, s. 7 (3, 4); 1998, c. 18, Sched. G, s. 13 (2); 2000, c. 42, Sched., s. 35 (2); 2001, c. 8, s. 218 (3).

When information can be withheld

(3.1) The Registrar may refuse to allow a person to obtain a member’s business address and business telephone number if the Registrar has reasonable grounds to believe that disclosure of the information may jeopardize the member’s safety.  1998, c. 18, Sched. G, s. 13 (3).

Panels specifying information in register

(4) In disposing of a matter, a panel of the Registration, Discipline or Fitness to Practise Committee may, for the purposes of clause (2) (f), specify information to be included in the register.  1991, c. 18, Sched. 2, s. 23 (4).

Panels directing results to be public

(5) In disposing of a matter, a panel of the Discipline or Fitness to Practise Committee may, for the purposes of subparagraph ii of paragraph 3 of subsection (3), direct that the results of the proceeding be included in the register.  1991, c. 18, Sched. 2, s. 23 (5).

Information from register

(6) The Registrar shall provide to a person, upon the payment of a reasonable charge, a copy of any information in the register the person may obtain.  1991, c. 18, Sched. 2, s. 23 (6).

Meaning of “results of proceeding”

(7) For the purpose of this section and section 56,

“result”, when used in reference to a disciplinary or incapacity proceeding, means the panel’s finding, particulars of the grounds for the finding, and the penalty imposed, including any reprimand.  1993, c. 37, s. 7 (5).

Suspension for non-payment of fees

24. If a member fails to pay a fee that he or she is required to pay in accordance with the by-laws, the Registrar shall give the member notice of default and of intention to suspend the member and may suspend the member’s certificate of registration for failure to pay the fee two months after notice is given.  1998, c. 18, Sched. G, s. 14.

Complaints

Panel for investigation of complaints

25. (1) A complaint filed with the Registrar regarding the conduct or actions of a member shall be investigated by a panel selected by the chair of the Complaints Committee from among the members of the Committee.

Composition

(2) A panel shall be composed of at least three persons, at least one of whom shall be a person appointed to the Council by the Lieutenant Governor in Council.

Quorum

(3) Three members of a panel constitute a quorum.

Complaint must be recorded

(4) A panel shall not be selected unless the complaint is in writing or is recorded on a tape, film, disk or other medium.

Notice to member

(5) The Registrar shall give the member who is the subject of a complaint notice of the complaint and of the provisions of subsection 26 (1).  1991, c. 18, Sched. 2, s. 25.

Consideration by panel

26. (1) A member who is the subject of a complaint may make written submissions to the panel within thirty days after receiving notice under subsection 25 (5).

Powers of panel

(2) A panel, after investigating a complaint regarding the conduct or actions of a member, considering the submissions of the member and considering or making reasonable efforts to consider all records and documents it considers relevant to the complaint, may do any one or more of the following:

1. Refer a specified allegation of the member’s professional misconduct or incompetence to the Discipline Committee if the allegation is related to the complaint.

2. Refer the member to the Executive Committee for incapacity proceedings.

3. Require the member to appear before the panel or another panel of the Complaints Committee to be cautioned.

4. Take action it considers appropriate that is not inconsistent with the health profession Act, this Code, the regulations or by-laws.  1991, c. 18, Sched. 2, s. 26.

Complaint about sexual abuse

(3) In exercising its powers under paragraph 4 of subsection (2), the panel may not refer the matter to the Quality Assurance Committee if the complaint is about sexual abuse as defined in clause 1 (3) (a) or (b).

Complaint in bad faith, etc.

(4) If the panel considers a complaint to be frivolous, vexatious, made in bad faith or otherwise an abuse of process, it shall give the complainant and the member notice that it intends to take no action with respect to the complaint and that the complainant and the member have a right to make written submissions within 30 days after receiving the notice.

Same

(5) If the panel is satisfied, after considering the written submissions of the complainant and the member, that a complaint was frivolous, vexatious, made in bad faith or otherwise an abuse of process, the panel shall not take action with respect to the complaint.  1998, c. 18, Sched. G, s. 15.

Notice of decision

27. A panel shall give the complainant and the member who is the subject of the complaint,

(a) a copy of its decision;

(b) a copy of its reasons, if the panel decided to take no action with respect to a complaint or to do anything under paragraph 3 or 4 of subsection 26 (2); and

(c) a notice advising the member and the complainant of any right to request a review they may have under subsection 29 (2).  1991, c. 18, Sched. 2, s. 27.

Timely disposal

28. (1) A panel shall dispose of a complaint within 120 days after the filing of the complaint.

If complaint not disposed of

(2) If a complaint regarding the conduct or actions of a member has not been disposed of by a panel within 120 days after the filing of the complaint, the Board, on application of the member or the complainant, may require the Complaints Committee to ensure the complaint is disposed of.

If further delay

(3) If the complaint is not disposed of within sixty days after the Board’s requirement, the Board shall investigate the complaint and make an order under subsection (5) within 120 days after the Board’s requirement.

Board’s investigatory powers

(4) In investigating a complaint, the Board has all the powers of a panel of the Complaints Committee and of the Registrar with respect to the investigation of the matter and, in particular, the Board may appoint an investigator under clause 75 (c).

Powers of Board

(5) After an investigation, the Board may do any one or more of the following:

1. Refer the matter to the Complaints Committee.

2. Make recommendations the Board considers appropriate to the Complaints Committee.

3. Require the Complaints Committee or a panel to do anything the Committee or a panel may do under the health profession Act and this Code except to request the Registrar to conduct an investigation.  1991, c. 18, Sched. 2, s. 28.

Review by Board

29. (1) Subject to section 30, the Board shall review a decision of a panel of the Complaints Committee if the Board receives a request under subsection (2).

Request for review

(2) The complainant or the member who is the subject of the complaint may request the Board to review a decision of a panel of the Complaints Committee unless the decision was,

(a) to refer an allegation of professional misconduct or incompetence to the Discipline Committee; or

(b) to refer the member to the Executive Committee for incapacity proceedings.

Time limit

(3) A request for a review may be made only within thirty days after the receipt of the notice of the right to request a review given under clause 27 (c).

Parties

(4) The complainant and the member who is the subject of the complaint are parties to a review.  1991, c. 18, Sched. 2, s. 29.

When no review

30. (1) The Board shall not review a decision if the party who requested the review withdraws the request and the other party consents.

Request in bad faith, etc.

(2) If the Board considers a request to review a decision to have been frivolous, vexatious, made in bad faith or otherwise an abuse of process, it shall give the parties notice that it intends not to proceed with the review and that the parties have a right to make written submissions within thirty days after receiving the notice.

Idem

(3) If the Board is satisfied, after considering the written submissions of the parties, that a request was frivolous, vexatious, made in bad faith or otherwise an abuse of process, the Board shall not review the decision.  1991, c. 18, Sched. 2, s. 30.

Personal representative as complainant

31. A complainant’s personal representative may act as the complainant for the purposes of a review of the decision by the Board if the complainant dies or becomes incapacitated.  1991, c. 18, Sched. 2, s. 31.

Record of decision to be reviewed

32. (1) If the Board is requested to review a decision, the Registrar shall give the Board, within fifteen days after the Board’s request, a record of the investigation and the documents and things upon which the decision was based.

Disclosure

(2) Before reviewing a decision, the Board shall disclose to the parties everything given to it by the Registrar under subsection (1).

Exceptions

(3) The Board may refuse to disclose anything that may, in its opinion,

(a) disclose matters involving public security;

(b) undermine the integrity of the complaint investigation and review process;

(c) disclose financial or personal or other matters of such a nature that the desirability of avoiding their disclosure in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that disclosure be made;

(d) prejudice a person involved in a criminal proceeding or in a civil suit or proceeding; or

(e) jeopardize the safety of any person.  1991, c. 18, Sched. 2, s. 32.

Conduct of review

33. (1) In a review, the Board shall consider either or both of,

(a) the adequacy of the investigation conducted; or

(b) the reasonableness of the decision.

Procedure

(2) In conducting a review, the Board,

(a) shall give the party requesting the review an opportunity to comment on the matters set out in clauses (1) (a) and (b) and the other party an opportunity to respond to those comments;

(b) may require the College to send a representative;

(c) may question the parties and the representative of the College;

(d) may permit the parties to make representations with respect to issues raised by any questions asked under clause (c); and

(e) shall not allow the parties or the representative of the College to question each other.  1991, c. 18, Sched. 2, s. 33.

Procedural provisions

34. (1) The following provisions apply with necessary modifications to a review by the Board:

1. Section 43 (no communication by panel members).

2. Section 45 (hearings open).

3. Section 47 (sexual misconduct witnesses).

4. Section 50 (members of panel who participate).

5. Section 55 (release of evidence).  1991, c. 18, Sched. 2, s. 34.

Same

(2) The following provisions of the Statutory Powers Procedure Act also apply with necessary modifications to a review by the Board:

1. Section 4 (waiver of procedural requirement).

2. Section 4.1 (disposition of proceeding without hearing).

3. Section 5.1 (written hearings).

4. Section 5.2 (electronic hearings).

5. Section 5.3 (pre-hearing conferences).

6. Section 21 (adjournments).

7. Section 21.1 (correction of errors).

8. Section 25.1 (rules).  1998, c. 18, Sched. G, s. 16.

Powers of Board

35. (1) After conducting a review of a decision, the Board may do any one or more of the following:

1. Confirm all or part of the decision.

2. Make recommendations the Board considers appropriate to the Complaints Committee.

3. Require the Complaints Committee to do anything the Committee or a panel may do under the health profession Act and this Code except to request the Registrar to conduct an investigation.

Decision in writing

(2) The Board shall give its decision and reasons in writing to the parties and the Complaints Committee.  1991, c. 18, Sched. 2, s. 35.

Discipline

Executive Committee referral

36. (1) The Executive Committee may refer a specified allegation of a member’s professional misconduct or incompetence to the Discipline Committee.  1991, c. 18, Sched. 2, s. 36.

Allegations of sexual abuse

(2) In deciding whether or not to refer an allegation of the sexual abuse of a patient to the Discipline Committee, the Executive Committee shall take into account any opinion, required under subsection 85.3 (5), as to whether or not the member who is the subject of the report is likely to sexually abuse patients in the future.  1993, c. 37, s. 9.

Interim suspension

37. (1) The Executive Committee may, subject to subsection (5), make an interim order directing the Registrar to suspend or impose terms, conditions or limitations on a member’s certificate of registration if,

(a) an allegation is referred to the Discipline Committee; and

(b) it is of the opinion that the conduct of the member exposes or is likely to expose his or her patients to harm or injury.

Procedure following interim suspension

(2) If an order is made under subsection (1) by the Executive Committee in relation to a matter referred to the Discipline Committee,

(a) the College shall prosecute the matter expeditiously; and

(b) the Discipline Committee shall give precedence to the matter.

Duration of order

(3) An order under subsection (1) continues in force until the matter is disposed of by a panel of the Discipline Committee.

Panel’s order

(4) In a matter in which an order under subsection (1) was made, an order of a panel of the Discipline Committee directing the Registrar to revoke, suspend or impose conditions on a member’s certificate takes effect immediately despite any appeal.

Restrictions on orders

(5) No order shall be made under subsection (1) with respect to a member by the Executive Committee unless the member has been given,

(a) notice of the Committee’s intention to make the order; and

(b) at least fourteen days to make written submissions to the Committee.  1991, c. 18, Sched. 2, s. 37.

Panel for discipline hearing

38. (1) The chair of the Discipline Committee shall select a panel from among the members of the Committee to hold a hearing of allegations of a member’s professional misconduct or incompetence referred to the Committee by the Executive or Complaints Committee.

Composition

(2) A panel shall be composed of at least three and no more than five persons, at least two of whom shall be persons appointed to the Council by the Lieutenant Governor in Council.

Idem

(3) At least one of the members of a panel shall be both a member of the College and a member of the Council.

Exclusion from panel

(4) No person shall be selected for a panel who has taken part in the investigation of what is to be the subject-matter of the panel’s hearing.

Quorum

(5) Three members of a panel, at least one of whom must be a member who was appointed to the Council by the Lieutenant Governor in Council, constitute a quorum.  1991, c. 18, Sched. 2, s. 38.

Panel members deemed to continue

39. A member of a panel who ceases to be a member of the Discipline Committee after a hearing of a matter has commenced before the panel shall be deemed, for the purposes of dealing with that matter, to remain a member of the panel until the final disposition of the matter.  1991, c. 18, Sched. 2, s. 39.

Amendment of notice of hearing

40. A panel may at any time permit a notice of hearing of allegations against a member to be amended to correct errors or omissions of a minor or clerical nature if it is of the opinion that it is just and equitable to do so and the panel may make any order it considers necessary to prevent prejudice to the member.  1991, c. 18, Sched. 2, s. 40.

Parties

41. The College and the member against whom allegations have been made are parties to a hearing.  1991, c. 18, Sched. 2, s. 41.

Non-party participation in hearings

41.1 (1) A panel may allow a person who is not a party to participate in a hearing if,

(a) the good character, propriety of conduct or competence of the person is an issue at the hearing; or

(b) the participation of the person, would, in the opinion of the panel, be of assistance to the panel.

Extent of participation

(2) The panel shall determine the extent to which a person who is allowed to participate may do so and, without limiting the generality of this, the panel may allow the person to make oral or written submissions, to lead evidence and to cross examine witnesses.  1993, c. 37, s. 10.

Disclosure of evidence

42. (1) Evidence against a member is not admissible at a hearing of allegations against the member unless the member is given, at least ten days before the hearing,

(a) in the case of written or documentary evidence, an opportunity to examine the evidence;

(b) in the case of evidence of an expert, the identity of the expert and a copy of the expert’s written report or, if there is no written report, a written summary of the evidence; or

(c) in the case of evidence of a witness, the identity of the witness.  1991, c. 18, Sched. 2, s. 42 (1); 1993, c. 37, s. 11.

Exception

(2) A panel may, in its discretion, allow the introduction of evidence that is inadmissible under subsection (1) and may make directions it considers necessary to ensure that the member is not prejudiced.  1991, c. 18, Sched. 2, s. 42 (2).

Disclosure of evidence

42.1 (1) Evidence of an expert led by a person other than the College is not admissible unless the person gives the College, at least ten days before the hearing, the identity of the expert and a copy of the expert’s written report or, if there is no written report, a written summary of the evidence.  1993, c. 37, s. 12.

Exception

(2) A panel may, in its discretion, allow the introduction of evidence that is inadmissible under this section and may make directions it considers necessary to ensure that the College is not prejudiced.  1998, c. 18, Sched. G, s. 17.

No communication by panel members

43. No member of a panel holding a hearing shall communicate outside the hearing, in relation to the subject-matter of the hearing, with a party or the party’s representative unless the other party has been given notice of the subject-matter of the communication and an opportunity to be present during the communication.  1991, c. 18, Sched. 2, s. 43.

Legal advice

44. If a panel obtains legal advice with respect to a hearing, it shall make the nature of the advice known to the parties and they may make submissions with respect to the advice.  1991, c. 18, Sched. 2, s. 44.

Hearings public

45. (1) A hearing shall, subject to subsection (2), be open to the public.

Exclusion of public

(2) The panel may make an order that the public be excluded from a hearing or any part of it if the panel is satisfied that,

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public;

(c) a person involved in a criminal proceeding or in a civil suit or proceeding may be prejudiced; or

(d) the safety of a person may be jeopardized.

Orders preventing public disclosure

(3) In situations in which the panel may make an order that the public be excluded from a hearing, it may make orders it considers necessary to prevent the public disclosure of matters disclosed at the hearing, including orders banning the publication or broadcasting of those matters.

Public information may be disclosed

(4) No order shall be made under subsection (3) that prevents the publication of anything that is contained in the register and available to the public.

Exclusion of public

(5) The panel may make an order that the public be excluded from the part of a hearing dealing with a motion for an order under subsection (2).

Orders with respect to matters in submissions

(6) The panel may make any order necessary to prevent the public disclosure of matters disclosed in the submissions relating to any motion described in subsection (5), including prohibiting the publication or broadcasting of those matters.

Reasons for order, etc.

(7) The panel shall ensure that any order it makes under this section and its reasons are available to the public in writing.

Reconsidering of order

(8) The panel may reconsider an order made under subsection (2) or (3) at the request of any person or on its own motion.  1991, c. 18, Sched. 2, s. 45.

Exception to closed hearings

46. If a panel makes an order under subsection 45 (2) wholly or partly because of the desirability of avoiding disclosure of matters in the interest of a person affected, the panel may allow the person and his or her personal representative to attend the hearing.  1991, c. 18, Sched. 2, s. 46.

Sexual misconduct witnesses

47. (1) A panel shall, on the request of a witness whose testimony is in relation to allegations of a member’s misconduct of a sexual nature involving the witness, make an order that no person shall publish the identity of the witness or any information that could disclose the identity of the witness.  1991, c. 18, Sched. 2, s. 47.

Interpretation

(2) In subsection (1),

“allegations of a member’s misconduct of a sexual nature” include, but are not limited to, allegations that the member sexually abused the witness when the witness was a patient of the member.  1993, c. 37, s. 13.

Transcript of hearings

48. (1) The panel holding a hearing shall ensure that,

(a) the oral evidence is recorded;

(b) copies of the transcript of the hearing are available to a party on the party’s request at the party’s expense; and

(c) copies of the transcript of any part of the hearing that is not the subject of an order prohibiting publication are available to any person at that person’s expense.

Transcripts filed with court

(2) If a transcript of a part of a hearing that is the subject of an order prohibiting publication is filed with a court in respect of proceedings, only the court and the parties to the proceedings may examine it unless the court orders otherwise.  1991, c. 18, Sched. 2, s. 48.

Admissibility of evidence

49. Despite the Statutory Powers Procedure Act, nothing is admissible at a hearing that would be inadmissible in a court in a civil action and the findings of a panel shall be based exclusively on evidence admitted before it.  1991, c. 18, Sched. 2, s. 49.

Members of panel who participate

50. Only the members of a panel who were present throughout a hearing shall participate in the panel’s decision.  1991, c. 18, Sched. 2, s. 50.

Professional misconduct

51. (1) A panel shall find that a member has committed an act of professional misconduct if,

(a) the member has been found guilty of an offence that is relevant to the member’s suitability to practise;

(b) the governing body of a health profession in a jurisdiction other than Ontario has found that the member committed an act of professional misconduct that would, in the opinion of the panel, be an act of professional misconduct as defined in the regulations;

(b.1) the member has sexually abused a patient; or

(c) the member has committed an act of professional misconduct as defined in the regulations.  1991, c. 18, Sched. 2, s. 51 (1); 1993, c. 37, s. 14 (1).

Orders

(2) If a panel finds a member has committed an act of professional misconduct, it may make an order doing any one or more of the following:

1. Directing the Registrar to revoke the member’s certificate of registration.

2. Directing the Registrar to suspend the member’s certificate of registration for a specified period of time.

3. Directing the Registrar to impose specified terms, conditions and limitations on the member’s certificate of registration for a specified or indefinite period of time.

4. Requiring the member to appear before the panel to be reprimanded.

5. Requiring the member to pay a fine of not more than $35,000 to the Minister of Finance.

5.1 If the act of professional misconduct was the sexual abuse of a patient, requiring the member to reimburse the College for funding provided for that patient under the program required under section 85.7.

5.2 If the panel makes an order under paragraph 5.1, requiring the member to post security acceptable to the College to guarantee the payment of any amounts the member may be required to reimburse under the order under paragraph 5.1.  1991, c. 18, Sched. 2, s. 51 (2); 1993, c. 37, s. 14 (2).

Idem

(3) In making an order under paragraph 2 or 3 of subsection (2), a panel may specify criteria to be satisfied for the removal of a suspension or the removal of terms, conditions and limitations imposed on a member’s certificate of registration.

Suspension of order

(4) A panel may suspend the effect of an order made under subsection (2) for a specified period and on specified conditions.  1991, c. 18, Sched. 2, s. 51 (3, 4).

Orders relating to sexual abuse

(5) If a panel finds a member has committed an act of professional misconduct by sexually abusing a patient, the panel shall do the following in addition to anything else the panel may do under subsection (2):

1. Reprimand the member.

2. Revoke the member’s certificate of registration if the sexual abuse consisted of, or included, any of the following,

i. sexual intercourse,

ii. genital to genital, genital to anal, oral to genital, or oral to anal contact,

iii. masturbation of the member by, or in the presence of, the patient,

iv. masturbation of the patient by the member,

v. encouragement of the patient by the member to masturbate in the presence of the member.

Statement re impact of sexual abuse

(6) Before making an order under subsection (5), the panel shall consider any written statement that has been filed, and any oral statement that has been made to the panel, describing the impact of the sexual abuse on the patient.

Same

(7) The statement may be made by the patient or by his or her representative.

Same

(8) The panel shall not consider the statement unless a finding of professional misconduct has been made.

Notice to member

(9) When a written statement is filed, the panel shall, as soon as possible, have copies of it provided to the member, to his or her counsel and to the College.  1993, c. 37, s. 14 (3).

Incompetence

52. (1) A panel shall find a member to be incompetent if the member’s professional care of a patient displayed a lack of knowledge, skill or judgment or disregard for the welfare of the patient of a nature or to an extent that demonstrates that the member is unfit to continue to practise or that the member’s practice should be restricted.

Order

(2) If a panel finds a member is incompetent, it may make an order doing any one or more of the following:

1. Directing the Registrar to revoke the member’s certificate of registration.

2. Directing the Registrar to suspend the member’s certificate of registration.

3. Directing the Registrar to impose specified terms, conditions and limitations on the member’s certificate of registration for a specified or indefinite period of time.

Idem

(3) In making an order under subsection (2), a panel may specify criteria to be satisfied for the removal of a suspension or the removal of terms, conditions and limitations imposed on a member’s certificate of registration.  1991, c. 18, Sched. 2, s. 52.

Costs if proceedings unwarranted

53. If a panel is of the opinion that the commencement of proceedings was unwarranted, it may make an order requiring the College to pay all or part of the member’s legal costs.  1991, c. 18, Sched. 2, s. 53.

College’s costs

53.1 In an appropriate case, a panel may make an order requiring a member who the panel finds has committed an act of professional misconduct or finds to be incompetent to pay all or part of the following costs and expenses:

1. The College’s legal costs and expenses.

2. The College’s costs and expenses incurred in investigating the matter.

3. The College’s costs and expenses incurred in conducting the hearing.  1993, c. 37, s. 15.

Decision to complainant

54. A panel shall give its decision and reasons in writing to the parties and, if the matter had been referred to the Discipline Committee by the Complaints Committee, to the complainant in the matter.  1991, c. 18, Sched. 2, s. 54.

Release of evidence

55. The Discipline Committee shall release documents and things put into evidence at a hearing to the person who produced them, on request, within a reasonable time after the matter in issue has been finally determined.  1991, c. 18, Sched. 2, s. 55.

Publication of decisions

56. (1) The College shall publish a panel’s decision and its reasons, or a summary of its reasons, in its annual report and may publish the decision and reasons or summary in any other publication of the College.

Publication of member’s name

(2) In publishing a decision and reasons or summary under subsection (1), the College shall publish the name of the member who was the subject of the proceeding if,

(a) the results of the proceeding may be obtained by a person from the register; or

(b) the member requests the publication of his or her name.

Withholding of member’s name

(3) The College shall not publish the member’s name unless it is required to do so under subsection (2).  1991, c. 18, Sched. 2, s. 56.

Incapacity

Registrar’s inquiry

57. If the Registrar believes that a member may be incapacitated, the Registrar shall make inquiries he or she considers appropriate and shall report the results of the inquiries to the Executive Committee.  1991, c. 18, Sched. 2, s. 57.

Appointment of board of inquiry

58. (1) The Executive Committee may appoint a board of inquiry to inquire into whether a member is incapacitated if it receives,

(a) a report from the Registrar under section 57; or

(b) a referral from a panel of the Complaints Committee under paragraph 2 of subsection 26 (2).

Notice to member

(2) The Executive Committee shall give a member notice that it intends to appoint a board of inquiry to inquire into whether the member is incapacitated before it appoints a board.

Composition of board

(3) A board of inquiry shall be composed of one member of the Council who was appointed by the Lieutenant Governor in Council and two or more members of the College.  1991, c. 18, Sched. 2, s. 58.

Inquiries by board

59. (1) A board of inquiry shall make inquiries it considers appropriate.

Physical or mental examinations

(2) If, after making inquiries, a board of inquiry has reasonable and probable grounds to believe that the member who is the subject of the inquiry is incapacitated, the board may require the member to submit to physical or mental examinations conducted or ordered by a health professional specified by the board and may, subject to section 63, make an order directing the Registrar to suspend the member’s certificate of registration until he or she submits to the examinations.  1991, c. 18, Sched. 2, s. 59.

Board’s report

60. A board of inquiry shall report to the Executive Committee and shall give a copy of its report and a copy of any report on an examination required under subsection 59 (2) to the member who was the subject of the inquiry.  1991, c. 18, Sched. 2, s. 60.

Referral to Fitness to Practise Committee

61. After receiving the report of a board of inquiry, the Executive Committee may refer the matter to the Fitness to Practise Committee.  1991, c. 18, Sched. 2, s. 61.

Interim suspension

62. (1) The Executive Committee may, subject to section 63, make an interim order directing the Registrar to suspend or impose terms, conditions or limitations on a member’s certificate of registration if,

(a) it has referred a matter involving the member to the Fitness to Practise Committee; and

(b) it is of the opinion that the physical or mental state of the member exposes or is likely to expose his or her patients to harm or injury.

Procedure following interim suspension

(2) If an order is made under subsection (1) by the Executive Committee in relation to a matter referred to the Fitness to Practise Committee,

(a) the College shall prosecute the matter expeditiously; and

(b) the Fitness to Practise Committee shall give precedence to the matter.

Duration of order

(3) An order under subsection (1) continues in force until the matter is disposed of by a panel of the Fitness to Practise Committee.  1991, c. 18, Sched. 2, s. 62.

Restrictions on orders

63. No order shall be made with respect to a member by a board of inquiry under subsection 59 (2) or by the Executive Committee under subsection 62 (1) unless the member has been given,

(a) notice of the intention of the board or Committee to make the order;

(b) at least fourteen days to make written submissions to the board or Committee; and

(c) in the case of an order by the Executive Committee under subsection 62 (1), a copy of the provisions of section 62.  1991, c. 18, Sched. 2, s. 63.

Panels for Fitness to Practise hearings

64. (1) The chair of the Fitness to Practise Committee shall select a panel from among the members of the Committee to hold a hearing of any matter referred to the Committee by the Executive Committee.

Composition

(2) A panel shall be composed of at least three persons, one of whom shall be a person appointed to the Council by the Lieutenant Governor in Council.

Quorum

(3) Three members of a panel constitute a quorum.  1991, c. 18, Sched. 2, s. 64.

Parties

65. The College, the member who is alleged to be incapacitated and any other person specified by the panel are parties to a hearing.  1991, c. 18, Sched. 2, s. 65.

Reports of health professionals

66. (1) A report prepared and signed by a health professional containing his or her findings and the facts upon which they are based is admissible as evidence at a hearing without proof of its making or of the health professional’s signature if the party introducing the report gives the other parties a copy of the report at least ten days before the hearing.

Testimony of health professionals

(2) A health professional may not give evidence in his or her professional capacity at a hearing unless a report, prepared and signed by the health professional containing his or her findings and the facts upon which they are based, is introduced as evidence.

Cross-examination

(3) If a report described in subsection (1) is introduced by a party, the other parties may summon and cross-examine the person who prepared the report.  1991, c. 18, Sched. 2, s. 66.

Exception

(4) A panel may, in its discretion, allow a party to introduce evidence that is inadmissible under this section and may make directions it considers necessary to ensure that the other parties are not prejudiced.  1998, c. 18, Sched. G, s. 18.

Procedural provisions

67. The following provisions apply with necessary modifications to a hearing by a panel:

1. Subsection 22 (4) (findings of fact).

2. Subsection 38 (4) (exclusion from panel).

3. Section 39 (panel members deemed to continue).

4. Section 42 (disclosure of evidence).

4.1 Section 42.1 (disclosure of evidence by member).

5. Section 43 (no communication by panel members).

6. Section 44 (legal advice).

7. Section 47 (sexual misconduct witnesses).

8. Section 50 (members of panel who participate).

9. Section 55 (release of evidence).  1991, c. 18, Sched. 2, s. 67; 1993, c. 37, s. 16.

Hearings closed

68. (1) A hearing shall, subject to subsection (2), be closed to the public.

Open on request of member in some cases

(2) A hearing shall be open to the public if the person who is alleged to be incapacitated requests it in a written notice received by the Registrar before the day the hearing commences, unless the panel is satisfied that,

(a) matters involving public security may be disclosed;

(b) financial or personal matters or other matters may be disclosed at the hearing of such a nature, having regard to the circumstances, that the desirability of avoiding disclosure thereof in the interest of any person affected other than the person whose capacity is being investigated or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public;

(c) a person involved in a criminal proceeding or civil suit may be prejudiced; or

(d) the safety of any person may be jeopardized.  1991, c. 18, Sched. 2, s. 68.

Orders

69. (1) If a panel finds that a member is incapacitated, it shall make an order doing any one or more of the following:

1. Directing the Registrar to revoke the member’s certificate of registration.

2. Directing the Registrar to suspend the member’s certificate of registration.

3. Directing the Registrar to impose specified terms, conditions and limitations on the member’s certificate of registration for a specified or indefinite period of time.

Idem

(2) In making an order under subsection (1), a panel may specify criteria to be satisfied for the removal of a suspension or the removal of terms, conditions and limitations imposed on a member’s certificate of registration.  1991, c. 18, Sched. 2, s. 69.

Appeals to Court

Appeals from decisions

70. (1) A party to proceedings before the Board concerning a registration hearing or review or to proceedings before a panel of the Discipline or Fitness to Practise Committee, other than a hearing of an application under subsection 72 (1), may appeal from the decision of the Board or panel to the Divisional Court.

Basis of appeal

(2) An appeal under subsection (1) may be made on questions of law or fact or both.

Court’s powers

(3) In an appeal under subsection (1), the Court has all the powers of the panel that dealt with the matter and, in an appeal from the Board, the Court also has all the powers of the Board.  1991, c. 18, Sched. 2, s. 70.

No stay of certain orders pending appeal

71. An order made by a panel of the Discipline Committee on the grounds of incompetence or by a panel of the Fitness to Practise Committee on the grounds of incapacity, directing the Registrar to revoke, suspend or impose terms, limitations or conditions on a member’s certificate, takes effect immediately despite any appeal.  1991, c. 18, Sched. 2, s. 71.

No stay of certain orders pending appeal

71.1 Section 71 also applies to an order made by a panel of the Discipline Committee because of a finding that a member has committed sexual abuse of the kind described in subparagraph i, ii, iii or iv of paragraph 2 of subsection 51 (5).  1993, c. 37, s. 17.

Reinstatement

Applications for reinstatement

72. (1) A person whose certificate of registration has been revoked or suspended as a result of disciplinary or incapacity proceedings may apply in writing to the Registrar to have a new certificate issued or the suspension removed.

Time of application

(2) An application under subsection (1) shall not be made earlier than,

(a) one year after the revocation or suspension; or

(b) six months after a previous application under subsection (1).  1991, c. 18, Sched. 2, s. 72.

Time of application, sexual abuse cases

(3) An application under subsection (1), in relation to a revocation for sexual abuse of a patient, shall not be made earlier than,

(a) five years after the revocation; or

(b) six months after a previous application under subsection (1).  1993, c. 37, s. 18.

Referral to Committee

73. (1) The Registrar shall refer the application, if the revocation or suspension was on the grounds of,

(a) professional misconduct or incompetence, to the Discipline Committee; or

(b) incapacity, to the Fitness to Practise Committee.

Hearings

(2) The chair of a committee to which an application is referred shall select a panel from among the members of the committee to hold a hearing of the application.

Procedural provisions

(3) The following provisions apply with necessary modifications to a hearing of an application by a panel of the Discipline Committee:

1. Subsection 22 (4) (findings of fact).

2. Subsection 38 (2) (composition).

3. Subsection 38 (3) (composition).

4. Subsection 38 (5) (quorum).

5. Section 43 (no communication by panel members).

6. Section 44 (legal advice).

7. Section 45 (hearings open).

8. Section 47 (sexual misconduct witnesses).

9. Section 48 (transcript of hearings).

10. Section 50 (members of panel who participate).

11. Section 55 (release of evidence).

Idem

(4) The following provisions apply with necessary modifications to a hearing of an application by a panel of the Fitness to Practise Committee:

1. Subsection 22 (4) (findings of fact).

2. Section 43 (no communication by panel members).

3. Section 44 (legal advice).

4. Section 47 (sexual misconduct witnesses).

5. Section 48 (transcript of hearings).

6. Section 50 (members of panel who participate).

7. Section 55 (release of evidence).

8. Subsection 64 (2) (composition).

9. Subsection 64 (3) (quorum).

10. Section 68 (hearings closed).

Order

(5) A panel may, after a hearing, make an order doing any one or more of the following:

1. Directing the Registrar to issue a certificate of registration to the applicant.

2. Directing the Registrar to remove the suspension of the applicant’s certificate of registration.

3. Directing the Registrar to impose specified terms, conditions and limitations on the applicant’s certificate of registration.  1991, c. 18, Sched. 2, s. 73 (1-5).

Limitation for sexual abuse cases

(5.1) A panel may not make an order directing that the Registrar issue a new certificate of registration to an applicant whose certificate had been revoked for sexual abuse of a patient unless the prescribed conditions are met.  1993, c. 37, s. 19.

Decision

(6) A panel that held a hearing of an application shall give its decision and reasons in writing to the applicant and the Registrar.  1991, c. 18, Sched. 2, s. 73 (6).

Orders without hearing

74. (1) The Council or Executive Committee may, without a hearing, with respect to a person whose certificate of registration has been revoked or suspended as a result of disciplinary or incapacity proceedings, make an order doing any one or more of the following:

1. Directing the Registrar to issue a new certificate of registration to the applicant.

2. Directing the Registrar to remove the suspension of the applicant’s certificate of registration.

3. Directing the Registrar to impose specified terms, conditions and limitations on the applicant’s certificate of registration if an order is made under paragraph 1 or 2.  1991, c. 18, Sched. 2, s. 74.

Limitation

(2) This section does not apply with respect to a revocation for sexual abuse of a patient.  1993, c. 37, s. 20.

Registrar’s Powers of Investigation

Investigators

75. The Registrar may appoint one or more investigators to determine whether a member has committed an act of professional misconduct or is incompetent if,

(a) the Registrar believes on reasonable and probable grounds that the member has committed an act of professional misconduct or is incompetent and the Executive Committee approves of the appointment;

(b) the Executive Committee has received a report from the Quality Assurance Committee with respect to the member and has requested the Registrar to conduct an investigation; or

(c) the Complaints Committee has received a written complaint about the member and has requested the Registrar to conduct an investigation.  1991, c. 18, Sched. 2, s. 75.

Powers of investigators

76. (1) An investigator may inquire into and examine the practice of the member to be investigated and has, for the purposes of the investigation, all the powers of a commission under Part II of the Public Inquiries Act.

Idem

(2) An investigator may, on the production of his or her appointment, enter at any reasonable time the business premises of the member and may examine anything found there that is relevant to the investigation.

Obstruction prohibited

(3) No person shall obstruct an investigator or withhold or conceal from him or her or destroy anything that is relevant to the investigation.

Conflicts

(4) This section applies despite any provision in any Act relating to the confidentiality of health records.  1991, c. 18, Sched. 2, s. 76.

Entries and searches

77. (1) A justice of the peace may, on the application of the investigator, issue a warrant authorizing an investigator to enter and search a place and examine anything that is relevant to the investigation if the justice of the peace is satisfied that the investigator has been properly appointed and that there are reasonable and probable grounds for believing that,

(a) the member being investigated has committed an act of professional misconduct or is incompetent; and

(b) there is something relevant to the investigation at the place.

Searches by day unless stated

(2) A warrant issued under subsection (1) does not authorize an entry or search after sunset and before sunrise unless it is expressly stated in the warrant.

Assistance and entry by force

(3) An investigator entering and searching a place under the authority of a warrant issued under subsection (1) may be assisted by other persons and may enter a place by force.

Investigator to show identification

(4) An investigator entering and searching a place under the authority of a warrant issued under subsection (1) shall produce his or her identification, on request, to any person at the place.  1991, c. 18, Sched. 2, s. 77.

Copying of documents and objects

78. (1) An investigator may copy, at the College’s expense, a document or object that an investigator may examine under subsection 76 (2) or under the authority of a warrant issued under subsection 77 (1).

Removal for documents and objects

(2) An investigator may remove a document or object described in subsection (1) if,

(a) it is not practicable to copy it in the place where it is examined; or

(b) a copy of it is not sufficient for the purposes of the investigation.

Return of documents and objects or copies

(3) If it is practicable to copy a document or object removed under subsection (2), the investigator shall,

(a) if it was removed under clause (2) (a), return the document or object within a reasonable time; or

(b) if it was removed under clause (2) (b), provide the person who was in possession of the document or object with a copy of it within a reasonable time.

Copy as evidence

(4) A copy of a document or object certified by an investigator to be a true copy shall be received in evidence in any proceeding to the same extent and shall have the same evidentiary value as the document or object itself.

Definition

(5) In this section,

“document” means a record of information in any form and includes any part of it.  1991, c. 18, Sched. 2, s. 78.

Report of investigation

79. The Registrar shall report the results of an investigation to,

(a) the Executive Committee if the investigator was appointed under clause 75 (a) or (b);

(b) the Complaints Committee if the investigator was appointed under clause 75 (c), at the request of the Complaints Committee; or

(c) the Board if the investigator was appointed under clause 75 (c) by the Board exercising the Registrar’s powers under subsection 28 (4).  1991, c. 18, Sched. 2, s. 79.

Quality Assurance Committee

Reference to Quality Assurance Committee

79.1 When the Executive Committee, Complaints Committee or Board receives a report under section 79 of the results of an investigation conducted into a possible act of sexual abuse as defined in clause 1 (3) (c), it may refer the matter to the Quality Assurance Committee.  1993, c. 37, s. 21.

Quality assurance program required

80. The Council shall make regulations under clause 95 (1) (r) prescribing a quality assurance program.  1991, c. 18, Sched. 2, s. 80; 2000, c. 26, Sched. H, s. 3 (1).

Assessors

81. The Quality Assurance Committee may appoint assessors for the purposes of a quality assurance program.  1991, c. 18, Sched. 2, s. 81.

Co-operation with Committee and assessors

82. (1) Every member shall co-operate with the Quality Assurance Committee and with any assessor it appoints and in particular every member shall,

(a) permit the assessor to enter and inspect the premises where the member practises;

(b) permit the assessor to inspect the member’s records of the care of patients;

(c) give the Committee or the assessor the information in respect of the care of patients or in respect of the member’s records of the care of patients the Committee or assessor requests in the form the Committee or assessor specifies;

(d) confer with the Committee or the assessor if requested to do so by either of them; and

(e) participate in a program designed to evaluate the knowledge, skill and judgment of the member, if requested to do so by the Committee.

Inspection of premises

(2) Every person who controls premises where a member practises, other than a private dwelling, shall allow an assessor to enter and inspect the premises.

Inspection of records

(3) Every person who controls records relating to a member’s care of patients shall allow an assessor to inspect the records.

Exception

(4) Subsection (3) does not require a patient or his or her representative to allow an assessor to inspect records relating to the patient’s care.

Conflict

(5) This section applies despite any provision in any Act relating to the confidentiality of health records.  1991, c. 18, Sched. 2, s. 82.

Confidentiality of information

83. (1) Except as provided in this section, the Quality Assurance Committee and any assessor appointed by it shall not disclose, to any other committee, information that,

(a) was given by the member; or

(b) relates to the member and was obtained under section 82.  1991, c. 18, Sched. 2, s. 83 (1).

Exception if member gave false information

(2) Information described in subsection (1) may be disclosed for the purpose of showing that the member knowingly gave false information to the Quality Assurance Committee or an assessor.  1991, c. 18, Sched. 2, s. 83 (2).

Referrals to Executive Committee

(3) If the Quality Assurance Committee is of the opinion, based on an assessment, that a member may have committed an act of professional misconduct or may be incompetent or incapacitated, the Committee may disclose the name of the member and allegations against the member to the Executive Committee.  1991, c. 18, Sched. 2, s. 83 (3).

Use in other Committees

(4) Information that was disclosed contrary to subsection (1) shall not be used against the member to whom it relates in a proceeding before the Discipline or Fitness to Practise Committees.  1991, c. 18, Sched. 2, s. 83 (4).

(5) Repealed:  2004, c. 3, Sched. B, s. 11 (1).

Quality assurance and other information

83.1 (1) In this section,

“disclose” means, with respect to quality assurance information, to provide or make the information available to a person who is not,

(a) a member of the Quality Assurance Committee,

(b) an assessor appointed by the Committee, a person engaged on its behalf such as a mentor or a person conducting an assessment program on its behalf, or

(c) a person providing administrative support to the Committee or the Registrar or the Committee’s legal counsel,

and “disclosure” has a corresponding meaning; (“divulguer”, “divulgation”)

“proceeding” includes a proceeding that is within the jurisdiction of the Legislature and that is held in, before or under the rules of a court, a tribunal, a commission, a justice of the peace, a coroner, a committee of a College under the Regulated Health Professions Act, 1991, a committee of the Board under the Drugless Practitioners Act, a committee of the College under the Social Work and Social Service Work Act, 1998, an arbitrator or a mediator, but does not include any activities carried on by the Quality Assurance Committee; (“instance”) 

“quality assurance information” means information that,

(a) is collected by or prepared for the Quality Assurance Committee for the sole or primary purpose of assisting the Committee in carrying out its functions,

(b) relates solely or primarily to any activity that the Quality Assurance Committee carries on as part of its functions,

(c) is prepared by a member or on behalf of a member solely or primarily for the purpose of complying with the requirements of the prescribed quality assurance program, or

(d) is provided to the Quality Assurance Committee under subsection (3),

but does not include,

(e) the name of a member and allegations that the member may have committed an act of professional misconduct, or may be incompetent or incapacitated,

(f) information that was referred to the Quality Assurance Committee from another committee of the College or the Board, or

(g) information that a regulation made under this Code specifies is not quality assurance information and that the Quality Assurance Committee receives after the day on which that regulation is made; (“renseignements sur l’assurance de la qualité”)

“witness” means a person, whether or not a party to a proceeding, who, in the course of the proceeding,

(a) is examined or cross-examined for discovery, either orally or in writing,

(b) makes an affidavit, or

(c) is competent or compellable to be examined or cross-examined or to produce a document, whether under oath or not. (“témoin”)  2004, c. 3, Sched. B, s. 11 (2).

Conflict

(2) In the event of a conflict between this section and a provision under any other Act, this section prevails unless it specifically provides otherwise.  2004, c. 3, Sched. B, s. 11 (2).

Disclosure to Quality Assurance Committee

(3) Despite the Personal Health Information Protection Act, 2004, a person may disclose any information to the Quality Assurance Committee for the purposes of the committee.  2004, c. 3, Sched. B, s. 11 (2).

Quality assurance information

(4) Despite the Personal Health Information Protection Act, 2004, no person shall disclose quality assurance information except as permitted by the Regulated Health Professions Act, 1991, including this Code or an Act named in Schedule 1 to that Act or regulations or by-laws made under the Regulated Health Professions Act, 1991 or under an Act named in Schedule 1 to that Act.  2004, c. 3, Sched. B, s. 11 (2).

Non-disclosure in proceeding

(5) No person shall ask a witness and no court or other body conducting a proceeding shall permit or require a witness in the proceeding to disclose quality assurance information except as permitted or required by the provisions relating to the quality assurance program.  2004, c. 3, Sched. B, s. 11 (2).

Non-admissibility of evidence

(6) Quality assurance information is not admissible in evidence in a proceeding.  2004, c. 3, Sched. B, s. 11 (2).

Non-retaliation

(7) No one shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage a person by reason that the person has disclosed information to the Quality Assurance Committee under subsection (3), but a person may be disciplined for disclosing false information to the Committee.  2004, c. 3, Sched. B, s. 11 (2).

Immunity

(8) No action or other proceeding may be instituted against a person who in good faith discloses information to a Quality Assurance Committee at the request of the Committee or for the purposes of assisting the Committee in carrying out its functions.  2004, c. 3, Sched. B, s. 11 (2).

Patient Relations Program

Patient relations program

84. (1) The College shall have a patient relations program.  1991, c. 18, Sched. 2, s. 84 (1).

Measures for sexual abuse of patients

(2) The patient relations program must include measures for preventing or dealing with sexual abuse of patients.  1993, c. 37, s. 22 (1).

Same

(3) The measures for preventing or dealing with sexual abuse of patients must include,

(a) educational requirements for members;

(b) guidelines for the conduct of members with their patients;

(c) training for the College’s staff; and

(d) the provision of information to the public.  1991, c. 18, Sched. 2, s. 84 (3); 1993, c. 37, s. 22 (2).

Report on program

(4) The Council shall give the Health Professions Regulatory Advisory Council a written report describing the patient relation program and, when changes are made to the program, a written report describing the changes.  1991, c. 18, Sched. 2, s. 84 (4).

Advice to Council

85. The Patient Relations Committee shall advise the Council with respect to the patient relations program.  1991, c. 18, Sched. 2, s. 85.

Reporting of Health Professionals

Reporting by members

85.1 (1) A member shall file a report in accordance with section 85.3 if the member has reasonable grounds, obtained in the course of practising the profession, to believe that another member of the same or a different College has sexually abused a patient.

If name not known

(2) A member is not required to file a report if the member does not know the name of the member who would be the subject of the report.

If information from a patient

(3) If a member is required to file a report because of reasonable grounds obtained from one of the member’s patients, the member shall use his or her best efforts to advise the patient of the requirement to file the report before doing so.  1993, c. 37, s. 23.

Reporting by facilities

85.2 (1) A person who operates a facility where one or more members practise shall file a report in accordance with section 85.3 if the person has reasonable grounds to believe that a member who practises at the facility has sexually abused a patient.

When non-individuals have reasonable grounds

(2) For the purposes of subsection (1), a person who operates a facility but who is not an individual shall be deemed to have reasonable grounds if the individual who is responsible for the operation of the facility has reasonable grounds.

If name not known

(3) A person who operates a facility is not required to file a report if the person does not know the name of the member who would be the subject of the report.  1993, c. 37, s. 23.

Requirements of required reports

85.3 (1) A report required under section 85.1 or 85.2 must be filed in writing with the Registrar of the College of the member who is the subject of the report.

Timing of report, sexual abuse

(2) The report must be filed within thirty days after the obligation to report arises unless the person who is required to file the report has reasonable grounds to believe that the member will continue to sexually abuse the patient or will sexually abuse other patients, in which case the report must be filed forthwith.

Contents of report

(3) The report must contain,

(a) the name of the person filing the report;

(b) the name of the member who is the subject of the report;

(c) an explanation of the alleged sexual abuse;

(d) if the grounds of the person filing the report are related to a particular patient of the member who is the subject of the report, the name of that patient, subject to subsection (4).

Patients not named without consent

(4) The name of a patient who may have been sexually abused must not be included in a report unless the patient, or if the patient is incapable, the patient’s representative, consents in writing to the inclusion of the patient’s name.

If reporter providing psychotherapy

(5) If a member who is required to file a report under section 85.1 is providing psychotherapy to the member who would be the subject of the report, the report must also contain the opinion of the member filing the report, if he or she is able to form one, as to whether or not the member who is the subject of the report is likely to sexually abuse patients in the future.  1993, c. 37, s. 23.

Additional reports, psychotherapy

85.4 (1) A member who files a report in respect of which subsection 85.3 (5) applies, shall file an additional report to the same College if the member ceases to provide psychotherapy to the member who was the subject of the first report.

Timing of additional report

(2) The additional report must be filed forthwith.  1993, c. 37, s. 23.

Reporting by employers, etc.

85.5 (1) A person who terminates the employment or revokes, suspends or imposes restrictions on the privileges of a member or who dissolves a partnership, a health profession corporation or association with a member for reasons of professional misconduct, incompetence or incapacity shall file with the Registrar within thirty days after the termination, revocation, suspension, imposition or dissolution a written report setting out the reasons.  1993, c. 37, s. 23; 2000, c. 42, Sched., s. 36.

Same

(2) If a person intended to terminate the employment of a member or to revoke the member’s privileges for reasons of professional misconduct, incompetence or incapacity but the person did not do so because the member resigned or voluntarily relinquished his or her privileges, the person shall file with the Registrar within thirty days after the resignation or relinquishment a written report setting out the reasons upon which the person had intended to act.  1993, c. 37, s. 23.

Application

(3) This section applies to every person, other than a patient, who employs or offers privileges to a member or associates in partnership or otherwise with a member for the purpose of offering health services.  1993, c. 37, s. 23.

Immunity for reports

85.6 No action or other proceeding shall be instituted against a person for filing a report in good faith under section 85.1, 85.2, 85.4 or 85.5.  1993, c. 37, s. 23.

Funding for Therapy and Counselling

Funding provided by College

85.7 (1) There shall be a program, established by the College, to provide funding for therapy and counselling for persons who, while patients, were sexually abused by members.

Funding governed by regulations

(2) The funding shall be provided in accordance with the regulations made under the Regulated Health Professions Act, 1991.

Administration

(3) The Patient Relations Committee shall administer the program.

Eligibility

(4) A person is eligible for funding only if,

(a) there is a finding by a panel of the Discipline Committee that the person, while a patient, was sexually abused by a member; or

(b) the alternative requirements prescribed in the regulations made by the Council are satisfied.

Effect of appeal

(5) A person’s eligibility for funding under clause (4) (a) is not affected by an appeal from the panel’s finding.

No assessment

(6) A person is not required to undergo a psychological or other assessment before receiving funding.

Choice of therapist or counsellor

(7) A person who is eligible for funding is entitled to choose any therapist or counsellor, subject to the following restrictions:

1. The therapist or counsellor must not be a person to whom the eligible person has any family relationship.

2. The therapist or counsellor must not be a person who, to the College’s knowledge, has at any time or in any jurisdiction been found guilty of professional misconduct of a sexual nature or been found civilly or criminally liable for an act of a similar nature.

3. If the therapist or counsellor is not a member of a regulated health profession, the College may require the person to sign a document indicating that he or she understands that the therapist or counsellor is not subject to professional discipline.

Payment

(8) Funding shall be paid only to the therapist or counsellor chosen by the person.

Use of funding

(9) Funding shall be used only to pay for therapy or counselling and shall not be applied directly or indirectly for any other purpose.

Same

(10) Funding may be used to pay for therapy or counselling that was provided before the person became eligible under subsection (4) but after the panel began its hearing into the matter.

Other coverage

(11) The funding that is provided to a person shall be reduced by the amount that the Ontario Health Insurance Plan or a private insurer is required to pay for therapy or counselling for the person during the period of time during which funding may be provided for him or her under the program.

Right of recovery

(12) The College is entitled to recover from the member, in a proceeding brought in a court of competent jurisdiction, money paid in accordance with this section for therapy or counselling for an eligible person referred to in clause (4) (a).

Person not required to testify

(13) The eligible person shall not be required to appear or testify in the proceeding.  1993, c. 37, s. 23.

Health Profession Corporations

Professional corporations

85.8 (1) Subject to the regulations made under subsection 43 (1) of the Regulated Health Professions Act, 1991 and the by-laws, one or more members of the same health profession may establish a health profession corporation for the purposes of practising their health profession.  2005, c. 28, Sched. B, s. 2 (1).

Same

(2) The provisions of the Business Corporations Act, including the regulations made under that Act, that apply with respect to professional corporations apply with respect to a health profession corporation established under subsection (1).  2005, c. 28, Sched. B, s. 2 (1).

Notice of change of shareholder

85.9 A health profession corporation shall notify the Registrar within the time and in the form and manner determined under the by-laws of a change in the shareholders of the corporation.  2000, c. 42, Sched., s. 37.

Application of Act, etc.

85.10  The following things apply to a member who practises a health profession through a health profession corporation:

1. This Act and the regulations.

2. The statute governing the member’s health profession, and the regulations and by-laws made under that statute.  2001, c. 8, s. 220.

Professional, fiduciary and ethical obligations to patients

85.11 (1) The professional, fiduciary and ethical obligations of a member to a person on whose behalf the member is practising a health profession,

(a) are not diminished by the fact that the member is practising through a health profession corporation; and

(b) apply equally to the corporation and to its directors, officers, shareholders, agents and employees.  2000, c. 42, Sched., s. 37; 2001, c. 8, s. 221 (1).

Investigation

(2) Subsections (3) and (4) apply if an action or the conduct of a member practising on behalf of a health profession corporation is the subject of one of the following:

1. A complaint.

2. A mandatory report.

3. A specified allegation of professional misconduct or incompetence.

4. An investigation, review or hearing by the Board.

5. An investigation, inspection or assessment by an investigator or assessor appointed under the Code.

6. An inquiry by a board of inquiry or by the Registrar.

7. A referral to the Discipline Committee or the Fitness to Practise Committee.

8. A hearing by a committee of the college.  2001, c. 8, s. 221 (2).

Same

(3) In the circumstances described in subsection (2), any power that the College may exercise in respect of the member may be exercised in respect of the health profession corporation.  2001, c. 8, s. 221 (2).

Liability

(4) In the circumstances described in subsection (2), the health profession corporation is jointly and severally liable with the member for all fines, costs and expenses that the member is ordered to pay.  2001, c. 8, s. 221 (2).

Conflict in duties

85.12  If there is a conflict between a member’s duty to a patient, the college or the public and the member’s duty to a health profession corporation as a director or officer of the corporation, the duty to the patient, the college or the public prevails.  2001, c. 8, s. 222.

Restrictions apply to corporation’s certificate

85.13 A term, condition or limitation imposed on the certificate of registration of a member practising a health profession through a health profession corporation applies to the certificate of authorization of the corporation in relation to the practice of the health profession through the member.  2000, c. 42, Sched., s. 37.

Prohibition, professional misconduct

85.14 (1) In the course of practising a health profession, a health profession corporation shall not do, or fail to do, something that would constitute professional misconduct if a member of the health profession did, or failed to do, it.  2001, c. 8, s. 223.

Prohibition, contraventions

(2) A health profession corporation shall not contravene any provision of,

(a) this Act or the regulations; or

(b) the statute governing the health profession or the regulations or by-laws made under that statute.  2001, c. 8, s. 223.

Prohibition, corporate matters

(3) A health profession corporation shall not practise a health profession when it does not satisfy the requirements for a professional corporation under subsection 3.2 (2) of the Business Corporations Act or a requirement established under subsection 3.2 (6) of that Act.  2005, c. 28, Sched. B, s. 2 (2).

Miscellaneous

Right to use French

86. (1) A person has the right to use French in all dealings with the College.

Council to ensure right

(2) The Council shall take all reasonable measures and make all reasonable plans to ensure that persons may use French in all dealings with the College.

Definition

(3) In this section,

“dealings” means any service or procedure available to the public or to members and includes giving or receiving communications, information or notices, making applications, taking examinations or tests and participating in programs or in hearings or reviews.

Limitation

(4) A person’s right under subsection (1) is subject to the limits that are reasonable in the circumstances.  1991, c. 18, Sched. 2, s. 86.

Court orders

87. The College may apply to the Superior Court of Justice for an order directing a person to comply with a provision of the health profession Act, this Code, the Regulated Health Professions Act, 1991, the regulations under those Acts or the by-laws made under clause 94 (1) (l.2), (l.3) (s), (t), (t.1), (t.2), (v), (w) or (y).  1991, c. 18, Sched. 2, s. 87; 1998, c. 18, Sched. G, s. 20; 2000, c. 42, Sched., s. 38; 2001, c. 8, s. 224; 2006, c. 19, Sched. C, s. 1 (1).

Evidence of Registrar

88. A statement purporting to be certified by the Registrar under the seal of the College as a statement of information from the records kept by the Registrar in the course of his or her duties is admissible in court as proof, in the absence of evidence to the contrary, of the information in it without proof of the Registrar’s appointment or signature or of the seal of the College.  1991, c. 18, Sched. 2, s. 88.

89. Repealed:  2002, c. 24, Sched. B, s. 25.

90. Repealed:  1993, c. 37, s. 24.

Service by mail

91. (1) A notice or a decision to be given under the health profession Act, this Code or the regulations to a person may be given by mail.

Idem

(2) If a notice or decision under the health profession Act, this Code or the regulations is sent by prepaid first class mail addressed to the person at the person’s last known address, there is a rebuttable presumption that the notice was received by the person on the fifth day after the notice was mailed.  1991, c. 18, Sched. 2, s. 91.

Making false representations to obtain certificates

92. (1) Every person who makes a representation, knowing it to be false, for the purpose of having a certificate of registration or a certificate of authorization issued is guilty of an offence and on conviction is liable to a fine of not more than $10,000.  1991, c. 18, Sched. 2, s. 92 (1); 2000, c. 42, Sched., s. 39.

Assisting the making of false representation

(2) Every person who knowingly assists a person in committing an offence under subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $10,000.  1991, c. 18, Sched. 2, s. 92 (2).

Protection for reporters from reprisals

92.1 No person shall do anything, or refrain from doing anything, relating to another person’s employment or to a contract providing for the provision of services by that other person, in retaliation for that other person filing a report or making a complaint as long as the report was filed, or the complaint was made, in good faith.  1993, c. 37, s. 25.

Offence

93. (1) Every person who contravenes an order made under section 45 or 47 is guilty of an offence and on conviction is liable to a fine of not more than $10,000 for a first offence and not more than $20,000 for a subsequent offence.

Idem

(2) Every person who contravenes subsection 76 (3) is guilty of an offence and on conviction is liable to a fine of not more than $10,000.  1991, c. 18, Sched. 2, s. 93 (1, 2).

Idem

(3) Every person who contravenes subsection 82 (2) or (3) is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for a first offence and not more than $10,000 for a subsequent offence.  1991, c. 18, Sched. 2, s. 93 (3); 1993, c. 37, s. 26 (1).

Same

(4) Every person who contravenes subsection 85.1 (1), 85.2 (1), 85.4 (1) or 85.5 (1) or section 92.1 is guilty of an offence and on conviction is liable to a fine of not more than $25,000.  1993, c. 37, s. 26 (2).

Forms

93.1 The College may require that forms approved by the College be used for any purpose under the Act.  1998, c. 18, Sched. G, s. 21.

By-laws

94.  (1) The Council may make by-laws relating to the administrative and internal affairs of the College and, without limiting the generality of the foregoing, the Council may make by-laws,

(a) adopting a seal for the College;

(b) providing for the execution of documents by the College;

(c) respecting banking and finance;

(d) fixing the financial year of the College and providing for the audit of the accounts and transactions of the College;

(d.1) respecting the election of Council members, including the requirements for members to be able to vote, electoral districts and election recounts;

(d.2) respecting the qualification and terms of office of Council members who are elected;

(d.3) prescribing conditions disqualifying elected members from sitting on the Council and governing the removal of disqualified Council members;

(e) providing procedures for the election of the President and Vice-President of the College, the selection of the chairs of the committees, the filling of a vacancy in those offices, and setting out the duties and powers of the President, Vice-President and the chairs;

(f) respecting the calling, holding and conducting of the Council meetings and respecting the duties of the Council’s members;

(g) respecting the calling, holding and conducting of meetings of the members;

(g.1) providing that a meeting of the Council or of members or a meeting of a committee or of a panel that is held for any purpose other than for the conducting of a hearing may be held in any manner that allows all the persons participating to communicate with each other simultaneously and instantaneously;

(g.2) prescribing what constitutes a conflict of interest for members of the Council or a committee and regulating or prohibiting the carrying out of the duties of those members in cases in which there is a conflict of interest;

(h) providing for the remuneration of the members of the Council and committees other than persons appointed by the Lieutenant Governor in Council and for the payment of the expenses of the Council and committees in the conduct of their business;

(h.1) respecting the filling of vacancies on the Council or on committees;

(h.2)   providing for the composition of committees;

(h.3) respecting the qualification, selection, appointment and terms of office of members of committees required by subsection 10 (1) who are not members of the Council;

(h.4) prescribing conditions disqualifying committee members from sitting on committees required under subsection 10 (1) and governing the removal of disqualified committee members;

(i) providing for the appointment, powers and duties of committees other than the committees required by subsection 10 (1);

(j) delegating to the Executive Committee powers and duties of the Council, other than the power to make, amend or revoke regulations and by-laws;

(k) providing for a code of ethics for the members;

(l) providing for the appointment of inspectors for the purposes of regulations made under clause 95 (1) (h);

(l.1) respecting the maintenance of the register kept by the Registrar and providing for the issuing of certificates when information contained in the register is made available to the public under subsection 23 (3);

(l.2) prescribing information as information to be kept in the register for the purposes of clause 23 (2) (g) and designating information kept in the register as public for the purposes of paragraph 4 of subsection 23 (3);

(l.3) requiring members to give the College their home addresses and such other information as may be specified in the by-law about themselves and the places they practise the profession, the services they provide there, their participation in continuing education programs and the names, business addresses, telephone numbers and facsimile numbers of their associates, partners, employers and employees and prescribing the form and manner in which the information shall be given;

(l.4) respecting the duties and office of the Registrar;

(m) providing procedures for the making, amending and revoking of by-laws;

(n) prescribing forms and providing for their use;

(o) respecting the management of the property of the College;

(p) authorizing the College to make arrangements for the indemnity of members against professional liability and providing levies to be paid by members;

(q) respecting membership of the College in a national organization of bodies with similar functions, the payment of annual assessments and representation at meetings;

(r) authorizing the making of grants to advance scientific knowledge or the education of persons wishing to practise the profession, to maintain or improve the standards of practice of the profession or to provide public information about, and encourage interest in, the past and present role of the profession in society;

(s) requiring members to pay annual fees, fees upon application for a certificate and upon registration and fees for examinations, appeals from examinations, election recounts and continuing education programs and for anything the Registrar or a committee of the College is required or authorized to do and requiring members to pay penalties for the late payment of any fee;

(t) specifying the amount of any fee or penalty required under clause (s);

(t.1) prescribing the form and manner in which a health profession corporation shall notify the Registrar of a change in the shareholders of the corporation and the time period for doing so;

(t.2) requiring the payment of fees upon application for a certificate of authorization and for the issue or renewal of a certificate of authorization and specifying the amount of such fees;

(u) requiring persons to pay fees, set by the Registrar or by by-law, for anything the Registrar is required or authorized to do;

(v) requiring members to pay specified amounts to pay for the program required under section 85.7, including amounts that are different for different members or classes of members and including amounts,

(i) that are specified in the by-law,

(ii) that are calculated according to a method set out in the by-law, or

(iii) that are determined by a person specified in the by-law;

(w) requiring members to participate in an arrangement set up by the College in which members pay a person such amounts as may be determined by the person for the members or for classes of members and the person pays amounts to the College to pay for the program required under section 85.7;

(x) authorizing the Patient Relations Committee to require therapists and counsellors who are providing therapy or counselling that is funded through the program required under section 85.7 and persons who are receiving such therapy or counselling, to provide a written statement, signed in each case by the therapist or counsellor and by the person, containing details of the therapist’s or counsellor’s training and experience, and confirming that therapy or counselling is being provided and that the funds received are being devoted only to that purpose;

(y) requiring members to have professional liability insurance that satisfies the requirements specified in the by-laws or to belong to a specified association that provides protection against professional liability and requiring members to give proof of the insurance or membership to the Registrar in the manner set out in the by-laws;

(z) respecting the designation of life or honourary members of the College and prescribing their rights and privileges;

(z.1) exempting any member or class of member from a by-law made under this section;

(z.2) specifying or setting out anything that is required to be specified or set out under this subsection.  1991, c. 18, Sched. 2, s. 94 (1); 1998, c. 18, Sched. G, s. 22 (1-4); 2000, c. 42, Sched., s. 40.

Circulation of certain by-laws

(2) A by-law shall not be made under clause (1) (l.2), (l.3), (s), (t), (v), (w) or (y) unless the proposed by-law is circulated to every member at least 60 days before it is approved by the Council.  1998, c. 18, Sched. G, s. 22 (5).

Exception

(2.1) Despite subsection (2), the Council may, with the approval of the Minister, exempt a by-law from the requirement that it be circulated or abridge the 60-day period referred to in subsection (2) to such lesser period as the Minister may determine.  1998, c. 18, Sched. G, s. 22 (5).

Copies of by-laws

(3) A copy of the by-laws made by the Council shall be given to the Minister and to each member and shall be available for public inspection in the office of the College.  1991, c. 18, Sched. 2, s. 94 (3).

Unanimous by-laws, etc.

(4) A by-law or resolution signed by all the members of the Council is as valid and effective as if passed at a meeting of the Council called, constituted and held for the purpose.  1991, c. 18, Sched. 2, s. 94 (4).

Application

(5) Subsections (3) and (4) apply to by-laws made under this section or under a health profession Act.  1998, c. 18, Sched. G, s. 22 (6).

Regulations

95. (1) Subject to the approval of the Lieutenant Governor in Council and with prior review of the Minister, the Council may make regulations,

(a) prescribing classes of certificates of registration and imposing terms, conditions and limitations on the certificates of registration of a class;

(b) respecting applications for certificates of registration or classes of them and the issuing, suspension, revocation and expiration of the certificates or classes of them;

(c) prescribing standards and qualifications for the issue of certificates of registration;

(d) prescribing certain registration requirements as non-exemptible requirements for the purposes of subsection 18 (3) and 22 (8);

(e) defining specialties in the profession, providing for certificates relating to those specialties, the qualifications for and suspension and revocation of those certificates and governing the use of prescribed terms, titles or designations by members indicating a specialization in the profession;

(f) requiring, for purposes associated with the registration of members, the successful completion of examinations as set, from time to time, by the College, other persons or associations of persons and providing for an appeal of the results of the examinations;

(g) governing or prohibiting the delegation by or to members of controlled acts set out in subsection 27 (2) of the Regulated Health Professions Act, 1991;

(h) requiring and providing for the inspection and examination of premises used in connection with the practice of the profession and of equipment, books, accounts, reports and records of members relating to their practices;

(i) prescribing what constitutes a conflict of interest in the practice of the profession and regulating or prohibiting the practice of the profession in cases in which there is a conflict of interest;

(j) defining professional misconduct for the purposes of clause 51 (1) (c);

(k) designating acts of professional misconduct that must be reported;

(l) respecting the promotion or advertising of the practice of the profession;

(m) respecting the reporting and publication of decisions of panels;

(n) prescribing the standards of practice of the profession and prohibiting members from acting beyond the scope of practice of the profession in the course of practising the profession;

(o) requiring members to keep prescribed records in respect of their practice;

(p) regulating or prohibiting the use of terms, titles and designations by members in respect of their practices;

(q) prescribing alternative requirements for eligibility for funding under clause 85.7 (4) (b);

(r) prescribing a quality assurance program;

(r.1) specifying information for the purposes of clause (g) of the definition of “quality assurance information” in subsection 83.1 (1);

(s) respecting the giving of notice of meetings and hearings that are to be open to the public;

(t) providing for the exemption of any member from the regulations made by the Council;

(u) prescribing anything that is referred to in the health profession Act or this Code as being prescribed.  1998, c. 18, Sched. G, s. 23 (1); 2004, c. 3, Sched. B, s. 11 (3).

Note:  The following apply with respect to regulations made under paragraphs 1 to 7, 14, 22, 23, 27 to 31, 31.2 to 32, 34, 35 and 38 of subsection 95 (1) that are in force immediately before the Statutes of Ontario, 1998, chapter 18, Schedule G, subsection 23 (1) comes into force:

Despite the coming into force of the Statutes of Ontario, 1998, chapter 18, Schedule G, subsection 23 (1) (repealing the authority under which the regulations are made), the regulations shall be deemed to continue in force until they are revoked by the authority that made them.

A reference to by-laws in any Act listed in Schedule 1 shall be deemed to include a reference to regulations which are deemed to continue in force. See:  1998, c. 18, Sched. G, ss. 23 (2-4), 74.

Standards of practice

(1.1) A regulation under clause (1) (n) may adopt by reference, in whole or in part and with such changes as are considered necessary, any code, standard or guideline relating to standards of practice of the profession and require compliance with the code, standard or guideline as adopted.  1998, c. 18, Sched. G, s. 23 (1).

Rolling incorporation

(1.2) If a regulation under subsection (1.1) so provides, a code, standard or guideline adopted by reference shall be a reference to it, as amended from time to time, and whether the amendment was made before or after the regulation was made.  1998, c. 18, Sched. G, s. 23 (1).

Copies available for inspection

(1.3) A copy of a code, standard or guideline adopted by reference under subsection (1.1) shall be available for public inspection during normal business hours in the office of the College.  1998, c. 18, Sched. G, s. 23 (1).

Circulation

(1.4) A regulation shall not be made under subsection (1) unless the proposed regulation is circulated to every member at least 60 days before it is approved by the Council.  1998, c. 18, Sched. G, s. 23 (1).

Same

(1.5) Subsection (1.4) does not apply to a regulation if the Minister required that the Council make the regulation under clause 5 (1) (c) of the Regulated Health Professions Act, 1991.  1998, c. 18, Sched. G, s. 23 (1).

Exception

(1.6) Despite subsection (1.4), the Council may, with the approval of the Minister, exempt a regulation from the requirement that it be circulated or abridge the 60-day period referred to in subsection (1.4) to such lesser period as the Minister may determine.  1998, c. 18, Sched. G, s. 23 (1).

Idem

(2) Regulations made under clause (1) (r) may require members to participate in continuing education programs.  1991, c. 18, Sched. 2, s. 95 (2); 2000, c. 26, Sched. H, s. 3 (2).

Same

(2.1) Regulations made under clause (1) (r) of subsection (1) may,

(a) authorize the Quality Assurance Committee to require individual members whose knowledge, skills and judgment have been assessed under section 82 and found to be unsatisfactory to participate in specified continuing education programs;

(b) authorize the Quality Assurance Committee to direct the Registrar to impose terms, conditions or limitations, for a specified period not exceeding six months, on the certificate of registration of a member whose knowledge, skills and judgment have been assessed or reassessed under section 82 and found to be unsatisfactory, or who has failed to participate in specified continuing education programs as required by the Committee or has not completed those programs successfully;

(c) authorize the Quality Assurance Committee to direct the Registrar to remove terms, conditions or limitations imposed under a regulation made under clause (b) before the end of the specified period, if the Committee is satisfied that the member’s knowledge, skills and judgment are now satisfactory;

(d) authorize the Quality Assurance Committee to require a member to undergo a psychological or other assessment if a matter respecting the member is referred to the Committee under subsection 26 (2) or section 79.1;

(e) authorize the Quality Assurance Committee, after receiving a report of an assessment required under a regulation made under clause (d), to require the member to undertake specified measures, such as receiving education, therapy or counselling;

(f) authorize the Quality Assurance Committee to direct the Registrar to impose terms, conditions or limitations on the member’s certificate of registration, for a specified period not exceeding six months, if,

(i) the member refuses to undergo an assessment,

(ii) the Committee has required the member to undertake specified measures which have not yet been completed, or

(iii) the member refuses to undertake the specified measures;

(g) authorize the Quality Assurance Committee to direct the Registrar to remove terms, conditions or limitations imposed under a regulation made under clause (f) before the end of the specified period, if the Committee is satisfied that the terms, conditions or limitations are no longer needed.  1993, c. 37, s. 27 (2); 2000, c. 26, Sched. H, s. 3 (3); 2006, c. 19, Sched. L, s. 10 (2).

Same

(2.2) If the Council makes a regulation as described in clause (2.1) (b) or (f), it shall also make a regulation providing that no direction shall be given to the Registrar unless the member has been given notice of the Quality Assurance Committee’s intention to give the direction and at least fourteen days to make written submissions to the Committee.  1993, c. 37, s. 27 (2).

Scope of regulations

(3) A regulation may be general or particular in its application.  1991, c. 18, Sched. 2, s. 95 (3).

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