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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to May 14, 2001]
1 In this Act:
"board" means the board established under section 17 (1) for a college;
"bylaw" means a bylaw for a college made under section 19 or 49;
"college" means, in relation to a designated health profession, its college established under section 15 (1);
"council" means the Health Professions Council continued under section 2 (1) or a panel established as provided in section 4 (2) while conducting the business of the council;
"designated health profession" means a health profession designated for the purposes of this Act under section 12 (1);
"discipline committee" means the discipline committee for a college as established by a bylaw under section 19 (1) (t);
"health profession" means a profession in which a person exercises skill or judgment or provides a service related to
(a) the preservation or improvement of the health of individuals, or
(b) the treatment or care of individuals who are injured, sick, disabled or infirm;
"health profession association" means a society, as defined in the Society Act, whose members are persons practising a health profession;
"health profession corporation" means a corporation to which a permit has been issued under section 43;
"inquiry committee" means the inquiry committee for a college as established by a bylaw under section 19 (1) (t);
"inspector" means an inspector for a college under section 27;
"registrant" means, in respect of a designated health profession, a person who is granted registration as a member of its college in accordance with section 20;
"registrar" means the person appointed as registrar for a college under section 21 (1);
"registration committee" means the registration committee for a college as established by a bylaw under section 19 (1) (t).
Part 1 – Health Professions Council
2 (1) The Health Professions Council is continued consisting of 3 or more members appointed by the Lieutenant Governor in Council.
(2) An appointment under subsection (1) must be for a term not exceeding 3 years.
(3) A member of the council may be reappointed to the council.
(4) The Lieutenant Governor in Council may designate a chair and one or more vice chairs of the council from amongst the council members.
(5) A member of the council who resigns or whose appointment term has ended may
(a) continue to serve until a successor is appointed, and
(b) even if a successor is appointed, continue, in an investigation commenced under section 8 before the resignation or end of term, to serve as a member of the council for the purposes of sections 9 and 10.
3 The council must
(a) consider applications for designation of a health profession received under section 7, and directions to investigate regarding designation of a health profession made under section 8, in accordance with sections 9 and 10,
(b) consider matters referred to it by the minister under section 25 in accordance with that section, and
(c) carry out other duties that the minister or Lieutenant Governor in Council may, by order, direct.
4 (1) The council must meet
(a) as the chair considers necessary, or
(b) on the request of a majority of the members of the council.
(2) Subject to subsection (1), the council may make rules governing
(a) the calling and conduct of meetings of the council,
(b) the establishment of panels to conduct council business,
(c) the procedure to be followed by a panel in the conduct of council business,
(d) the quorum of the council or of a panel, and
(e) other matters relating to the business of the council.
5 The members of the council may be paid, at rates in accordance with general directives of the Treasury Board,
(a) remuneration as set by the Lieutenant Governor in Council, and
(b) their reasonable and necessary travelling and out of pocket expenses incurred in carrying out their duties under this Act.
6 (1) No action for damages lies or may be brought against a member of the council or a person acting on behalf of or under the direction of the council because of anything done or omitted in good faith
(a) in the performance or intended performance of any duty under this Act or the regulations, or
(b) in the exercise or intended exercise of any power under this Act or the regulations.
(2) Subsection (1) does not absolve the government from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.
Part 2 – Designated Health Professions
7 (1) A health profession association seeking designation of its health profession under this Act must apply to the council.
(2) An application under subsection (1) must be in the form and contain the information required by the council and must be submitted with the prescribed fee.
(3) On receiving an application under subsection (1), the council may
(a) refuse the application without investigation,
(b) in accordance with section 10, recommend without investigation that the health profession be designated under this Act, or
(c) conduct an investigation as it considers necessary to determine whether the health profession should be designated under this Act.
8 The minister may, in the absence of an application under section 7 (1), direct the council to investigate a health profession to determine whether it should be designated under this Act.
9 (1) If the council decides to conduct an investigation under section 7 (3) (c) or is directed to conduct an investigation under section 8 to determine whether a health profession should be designated under this Act, it must give public notice of the investigation in the Gazette.
(2) Without limiting an investigation under this Act, the council may do one or more of the following for the purposes of the investigation:
(a) require the health profession association to provide further information specified by the council;
(b) examine the directors and officers of the health profession association;
(c) seek the advice of other associations, organizations or persons;
(d) if the council considers the action to be in the best interests of the health profession association or the public, hold hearings the council considers necessary in a manner it determines;
(e) ascertain what services practitioners of the health profession provide to persons who require care and treatment within the scope of that health profession;
(f) evaluate the degree of risk to the health or safety of the public from incompetent, unethical or impaired practice of the health profession;
(g) evaluate the degree of supervision that may be necessary or desirable for a person practising the health profession;
(h) assess the degree of supervision that a person practising the health profession receives or is likely to receive with respect to that practice;
(i) ascertain what educational programs exist in British Columbia or elsewhere for the proper education and training of persons with respect to the practice of the health profession and evaluate the content of those programs;
(j) do other things that it considers necessary and incidental to the consideration of the application or matter before it.
(3) If the council holds a hearing under subsection (2) (d), it may order a person to attend at the hearing to give evidence and to produce records in the possession of or under the control of the person.
(4) On application by the council to the Supreme Court, a person who fails to attend or to produce records as required by an order under subsection (3) is liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.
(5) Subject to the regulations, the minister may charge to a health profession association part of the costs, including the administrative costs, incurred by the council to conduct an investigation regarding the health profession association's application under section 7 (1).
10 (1) If the council receives an application under section 7 (1) or a direction under section 8, the council must determine whether it would be in the public interest to designate a health profession under this Act, having regard to the information obtained in any investigation conducted by the council and in accordance with the prescribed criteria, if any.
(2) If the council concludes under subsection (1) that, in the public interest, a health profession should not be designated, the council must recommend to the minister that designation be withheld and provide to the minister reasons for the recommendation.
(3) If the council determines that it would be in the public interest to designate a health profession under this Act, the council
(a) must recommend to the minister that the health profession be designated under this Act, and
(b) may recommend to the minister
(i) a name for the college established under section 15 (1) for the health profession,
(ii) one or more titles to be used exclusively by registrants,
(iii) services that may be performed by registrants,
(iv) limitations on the performance of services by registrants,
(v) services that must only be performed by registrants or performed by or under the supervision of registrants, and
(vi) services that may be performed by a registrant despite a limitation or prohibition under another Act.
11 The Lieutenant Governor in Council may make regulations respecting the following:
(a) fees, or rates or levels of fees, to be submitted with an application under section 7 (1);
(b) limits on the minister's authority to charge costs under section 9 (5);
(c) criteria to be applied by the council under section 10 (1) in determining whether it would be in the public interest to designate a health profession under this Act.
12 (1) The Lieutenant Governor in Council may, by regulation, designate a health profession.
(2) In respect of a designated health profession, the Lieutenant Governor in Council may, by regulation, prescribe the following:
(a) the name of the college established under section 15 (1) for the health profession;
(b) one or more titles to be used exclusively by registrants;
(c) services that may be performed by registrants;
(d) limits or conditions on the services that may be performed by registrants;
(e) services that may be performed only by registrants;
(f) services that may be performed under the supervision of a registrant by a person who is not a registrant;
(g) services that may be performed by a registrant despite a limitation or prohibition under the regulations, the bylaws or another enactment;
(h) whether the college is designated for the purposes of section 16 (2) (f).
(3) Notice of a proposal to make, amend or repeal a regulation under this section must be given to the college of each health profession prescribed for the purpose of this subsection at least 3 months before the regulation, amendment or repeal comes into force.
13 (1) If a regulation under section 12 (2) (d) limits the services that may be performed in the course of practice of a designated health profession, a registrant must limit his or her practice of that designated health profession in accordance with the regulation.
(2) If a regulation under section 12 (2) (e) prescribes a service that may only be performed by a registrant of a particular college,
(a) a person other than a registrant of the college must not perform the service, and
(b) a person must not recover any fee or remuneration in any court in respect of the performance of the service unless, at the time of performance, he or she was a registrant entitled to perform the service.
(3) If a regulation under section 12 (2) (f) prescribes a service that may only be performed by or under the supervision of a registrant of a particular college,
(a) a person other than a registrant of the college must not perform the service unless he or she does so under the supervision of such a registrant, and
(b) a person other than a registrant of the college must not recover any fee or remuneration in any court in respect of the performance of the service unless, at the time of performance, he or she was supervised by such a registrant.
(4) A person other than a registrant of a college must not use a name, title, description or abbreviation in any manner that expresses or implies that he or she is a registrant or is associated with the college.
14 Despite section 13, nothing in this Act, the regulations or the bylaws prohibits a person from
(a) practising a profession, discipline or other occupation in accordance with this or another Act, or
(b) providing or giving first aid or temporary assistance to another person in case of emergency if that aid or assistance is given without gain or reward or hope of gain or reward.
15 (1) A college is established for a health profession on designation of the health profession under section 12 (1).
(2) A college established under subsection (1) is a corporation consisting of
(a) the members of the board appointed under section 17 (2) (a), until the first elections to the board referred to in section 17 (3) (a), and
(b) the persons who are registrants of the college.
(3) For the purposes of this Act, the regulations and its bylaws, a college may acquire, hold and dispose of land and other property.
(4) The Company Act does not apply to a college unless the Lieutenant Governor in Council, by order, provides that specified provisions of that Act apply to the college, in which case the specified provisions apply.
16 (1) It is the duty of a college at all times
(a) to serve and protect the public, and
(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.
(2) A college has the following objects:
(a) to superintend the practice of the profession;
(b) to govern registrants according to this Act, the regulations and the bylaws of the college;
(c) to establish, monitor and enforce standards of education and qualifications for registration of registrants;
(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst registrants;
(e) to establish and maintain a continuing competency program to promote high practice standards amongst registrants;
(f) to establish, for a college designated under section 12 (2) (h), a patient relations program to seek to prevent professional misconduct of a sexual nature;
(g) to establish, monitor and enforce standards of professional ethics amongst registrants;
(h) to require registrants to provide to an individual access to the individual's health care records in appropriate circumstances;
(i) to inform individuals of their rights under this Act, the regulations and the bylaws of the college and the Freedom of Information and Protection of Privacy Act;
(j) to administer the affairs of the college and perform other duties through the exercise of the powers conferred by this Act, the regulations or the bylaws.
17 (1) For each college established under section 15, there is a board.
(2) The minister must
(a) appoint persons to the first board for a college, who hold office until the time at which the board members referred to in subsection (3) (a) are first elected, and
(b) specify the date on or before which the first election referred to in paragraph (a) must be held.
(3) Following the first election referred to in subsection (2) respecting a college, the board for the college consists of
(a) not fewer than 3 registrants elected in accordance with the bylaws, and
(b) not fewer than 2 persons appointed by the minister.
(4) The number of persons appointed under subsection (3) (b)
(a) must not be less than 1/3 of the total board membership, and
(b) must not be more than the number of persons elected under subsection (3) (a).
(5) A member of a board who resigns or whose appointment term has ended may
(a) continue to serve until a successor is appointed, and
(b) even if a successor is appointed, continue to serve as a member of a committee established under section 19 (1) (t) to complete work of the committee that began before the resignation or end of term.
(6) Persons appointed by the minister under subsection (2) (a) or (3) (b) need not be registrants or eligible to be registrants.
18 (1) A board must govern, control and administer the affairs of its college in accordance with this Act, the regulations and the bylaws.
(2) A board must submit an annual report respecting its college, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the college.
19 (1) A board may, by bylaw for its college, do the following:
(a) establish the number of members of the board to be elected under section 17 (3) (a);
(b) establish the time, manner and procedure for the election of registrants to the board under section 17 (3) (a);
(c) regulate the time, place, calling and conduct of meetings of the board and general meetings of registrants;
(d) establish the quorum for meetings of the board and general meetings of registrants;
(e) establish the terms of office of elected members of the board and the manner in which the vacancies on the board may be filled;
(f) establish forms for the purposes of the bylaws and require use of the forms by registrants;
(g) provide for the appointment, removal, functions, duties and remuneration of officers, employees and agents of the college;
(h) provide for the appointment of an auditor;
(i) establish classes of registrants;
(j) establish requirements for the registration of persons practising the designated health profession;
(k) establish standards, limits or conditions for the practice of the designated health profession by registrants;
(l) establish standards of professional ethics for registrants;
(m) establish standards of education for registrants;
(n) establish requirements for continuing education for registrants;
(o) establish requirements for maintenance of professional liability insurance coverage by registrants;
(p) establish fees payable to the college by registrants;
(q) provide for special fees levied under the bylaws to be payable by registrants;
(r) establish requirements for renewal, suspension, cancellation and reinstatement of the registration of persons practising the designated health profession, including providing for the suspension or cancellation of the registration of a registrant for late payment or non-payment of fees;
(s) regulate and prohibit advertising or types of advertising by registrants;
(t) establish a registration committee, a quality assurance committee, an inquiry committee, a discipline committee, a patient relations committee and other committees the board determines are necessary or advisable;
(u) in respect of a committee established under paragraph (t), provide for the following:
(i) the appointment and removal of committee members;
(ii) procedures to be followed by the committee;
(iii) the duties and powers of the committee;
(iv) the delegation of a duty or power of the board to the committee;
(v) the delegation of a duty or power of the committee to panels of the committee;
(v) provide for remuneration of the members of the board and of committees established under paragraph (t);
(w) establish the maximum fine that the discipline committee may impose under section 39 (1) (f);
(x) establish educational requirements and guidelines for registrants respecting their relations with patients;
(y) establish rules concerning access to health care records;
(z) provide for the general administration and operation of the college.
(2) Provisions in a bylaw under subsection (1) may be different for different classes of registrants.
(3) A bylaw under subsection (1) has no effect until it is approved by the Lieutenant Governor in Council.
(4) The Lieutenant Governor in Council must not approve a bylaw made under subsection (1) unless satisfied that appropriate provision has been made respecting the following:
(a) the election of registrants to the board under section 17 (3) (a);
(b) each of the objects referred to in section 16.
(5) The minister may request a board to amend or repeal an existing bylaw for its college or to make a new bylaw for its college if the minister is satisfied that this is necessary or advisable.
(6) If a board does not comply with a request under subsection (5) within 60 days after the date of the request, the Lieutenant Governor in Council may amend or repeal the existing bylaw for the college or make the new bylaw for the college in accordance with the request.
(7) A bylaw may not be made, amended or repealed under subsection (3) or (6) unless notice of the proposed bylaw, amendment or repeal is given to the college of each health profession prescribed for the purposes of this subsection
(a) at least 3 months before the bylaw, amendment or repeal comes into force, or
(b) within a period, shorter than that set out in paragraph (a), that the minister specifies as appropriate in the circumstances.
(8) A registrant must not practise a designated health profession except in accordance with the bylaws of the college.
(9) A board must maintain a complete and accurate record of the bylaws that are in effect for its college and must provide a copy of those bylaws to each registrant.
20 (1) The registration committee is responsible for granting registration of a person as a member of its college.
(2) The registration committee must grant registration in its college to every person who, in accordance with the requirements of the bylaws,
(a) applies to the college for registration,
(b) satisfies the registration committee that he or she is qualified to be a registrant, and
(c) pays the required fees, if any.
(3) If an applicant fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that an applicant for registration presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the registration committee must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of the applicant.
(4) A person whose application for registration as a member of a college is refused by the registration committee may appeal the refusal to the Supreme Court and, for this purpose, the provisions of section 40 respecting an appeal from a decision of the discipline committee apply to an appeal under this section.
(5) A person must not apply for registration or continue to be registered as a member of a college if that person knows that he or she is not qualified to be a registrant.
21 (1) A board must appoint a registrar for its college, who holds office during the pleasure of the board.
(2) The registrar must maintain a register and must enter in it the name and address of every person granted registration under section 20.
(3) The registrar must cancel the registration of a registrant in the register if
(a) the registrant requests or gives written consent to the cancellation,
(b) the registrant has failed to pay a fee for renewal of registration or another fee within the required time,
(c) notification is received of the registrant's death, or
(d) the registration of the registrant has been cancelled under section 39 (1) (e).
(4) A board may, on grounds the board considers sufficient, cause the registration of a former registrant to be restored to the register on payment to the board of
(a) any fees or other sums in arrears and owing by the former registrant to the board, and
(b) any reinstatement fee required by the bylaws.
22 (1) Subject to subsection (2), the register and bylaws of a college must be open to inspection by any person free of charge at all reasonable times during regular business hours.
(2) The registrar or another person authorized by the board may refuse a person access to the register if the registrar or the authorized person, as the case may be, reasonably believes that the person seeking access is doing so for commercial purposes.
23 A certificate signed by the registrar or by a member of a board is proof, in the absence of evidence to the contrary, of the matters stated in the certificate that relate to the records of its college.
24 (1) No action for damages lies or may be brought against a member of a board or a person acting on behalf of or under the direction of a board or college because of anything done or omitted in good faith
(a) in the performance or intended performance of any duty under this Act, the regulations or the bylaws, or
(b) in the exercise or intended exercise of any power under this Act, the regulations or the bylaws.
(2) Subsection (1) does not absolve a college from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.
25 (1) The minister may refer any matter respecting a health profession or a college to the council for consideration.
(2) The council must investigate and make recommendations to the minister regarding any matter referred to it under subsection (1).
(3) For the purposes of an investigation under subsection (2), the council has the powers that it has under section 9 (2) to (4) and, in respect of a designated health profession, has the same powers respecting the college that it has under section 9 (2) respecting a health profession association.
Part 3 – Inspections, Inquiries and Discipline
26 In this Part, "registrant" includes a former registrant.
27 (1) The inquiry committee may appoint persons as inspectors for the college.
(2) The registrar is an inspector.
28 (1) During regular business hours, an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:
(a) the premises, the equipment and the materials used by a registrant to practise the designated health profession;
(b) the records of the registrant relating to the registrant's practice of the designated health profession and may copy those records;
(c) the practice of the designated health profession performed by or under the supervision of the registrant.
(2) The inquiry committee may direct an inspector to act under subsection (1) or undertake any aspect of an investigation under section 33.
(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of those actions in writing to the inquiry committee.
29 (1) A person authorized by the inquiry committee may apply to the Supreme Court for an order that authorizes a person named in the order
(a) to enter into the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,
(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and
(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.
(2) Unless the court otherwise directs, an application under subsection (1) may be made without notice to any person and may be heard in private.
(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found
(a) that a person who is not a registrant has contravened this Act, the regulations or the bylaws, or
(b) that a person who is a registrant
(i) has contravened this Act, the regulations or the bylaws,
(ii) has failed to comply with a limit or condition imposed under this Act, the regulations or the bylaws,
(iii) has acted in a manner that constitutes professional misconduct,
(iv) is not competent to practise the designated health profession, or
(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise the designated health profession.
(4) In an order under this section, the court
(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,
(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and
(c) may direct that section 30 does not apply to a thing specified in the order
(i) if all limitations and conditions included under paragraph (b) are met, and
(ii) unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the inquiry committee that section 30 apply to the thing seized.
(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds any thing not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act, the regulations or the bylaws may seize and remove that thing.
30 (1) For the purposes of subsection (2), the person who makes a seizure under section 29 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure was made unless this is not practicable.
(2) On receiving a report under subsection (1), the judge must
(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or
(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.
(3) An inspector may make one or more copies of any record detained under subsection (2).
(4) A document purporting to be certified by a representative of the inquiry committee to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.
(5) Subject to an order under section 29 (4) (b), the person from whom any thing is seized under this section or the owner of the thing, if he or she is a different person, is entitled to inspect that thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the board.
(6) A record must not be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either
(a) the person from whom it was seized agrees to its continued detention, or
(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.
31 (1) A person must not obstruct an inspector in the lawful performance of duties or the lawful exercise of powers under this Act, the regulations or the bylaws.
(2) A person must not obstruct a person acting under section 29 or 30 or under an order made under those sections.
32 (1) A person who wishes to make a complaint against a registrant must deliver the complaint in writing to the registrar.
(2) As soon as practicable after receiving a complaint, the registrar must deliver to the inquiry committee a copy of the complaint, an assessment of the complaint and any recommendations of the registrar for the disposition of the complaint.
33 (1) If a complaint is delivered to the inquiry committee by the registrar under section 32 (2), the inquiry committee must investigate the matter raised by the complaint.
(2) If a registrant fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that the registrant presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the inquiry committee must take the failure or the determination into account, investigate the matter and decide whether to set limits or conditions on the practice of the registrant or whether to suspend or cancel the registration of the registrant.
(3) An applicant or a registrant against whom action has been taken under subsection (2) or section 20 (3) may appeal the decision to the Supreme Court and, for those purposes, the provisions of section 40 respecting an appeal from a decision of the discipline committee apply to an appeal under this section.
(4) The inquiry committee may, on its own motion, investigate a registrant regarding any of the following matters:
(a) a contravention of this Act, the regulations or the bylaws;
(b) a failure to comply with a limit or condition imposed under this Act, the regulations or the bylaws;
(c) professional misconduct;
(d) competence to practise the designated health profession;
(e) a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs his or her ability to practise the designated health profession.
(5) The inquiry committee must request the registrant who is the subject of an investigation under this section to provide it with any information regarding the matter that the registrant believes should be considered by the inquiry committee.
(6) After considering any information provided by the registrant, the inquiry committee may
(a) take no further action if the inquiry committee is of the view that the matter is trivial, frivolous, vexatious or made in bad faith or that the conduct or competence to which the matter relates is satisfactory,
(b) in the case of an investigation respecting a complaint, take any action it considers appropriate to resolve the matter between the complainant and the registrant,
(c) act under section 36, or
(d) direct the registrar to issue a citation under section 37.
34 (1) If the inquiry committee does not direct the registrar to issue a citation regarding a matter investigated under section 33, it must
(a) report to the board regarding its decision and the results of its investigation, and
(b) in the case of an investigation respecting a complaint, notify the complainant in writing of its decision.
(2) A complainant who is dissatisfied with a decision of the inquiry committee referred to in subsection (1) may appeal the decision to the board within 14 days after receiving notification of that decision.
(3) On an appeal under subsection (2), the board may
(a) refuse the appeal,
(b) direct the inquiry committee to act under section 36, or
(c) direct the registrar to issue a citation under section 37.
(4) The board may, on its own motion after considering a report of the inquiry committee under subsection (1) (a),
(a) direct the inquiry committee to act under section 36, or
(b) direct the registrar to issue a citation under section 37.
35 (1) If the inquiry committee considers the action necessary to protect the public during the investigation of a registrant or pending a hearing of the discipline committee, it may
(a) set limits or conditions on the practice of the designated health profession by the registrant, or
(b) suspend the registration of the registrant.
(2) If the inquiry committee acts under subsection (1), it must notify the registrant in writing of its decision, of the reasons for the decision and of the registrant's right to appeal that decision to the Supreme Court.
(3) A decision under subsection (1) is not effective until the earlier of
(a) the time the registrant receives the notice under subsection (2), and
(b) 3 days after the notice is mailed to the registrant at the last address for the registrant recorded in the register of the college.
(4) If the inquiry committee determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the registrant in writing of the cancellation as soon as possible.
(5) A registrant against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for those purposes, the provisions of section 40 respecting an appeal from a decision of the discipline committee apply to an appeal under this section.
36 (1) In relation to a matter investigated under section 33, the inquiry committee may request the registrant to do one or more of the following:
(a) undertake not to repeat the conduct to which the matter relates;
(b) undertake to take educational courses specified by the inquiry committee;
(c) consent to a reprimand;
(d) undertake or consent to any other action specified by the inquiry committee.
(2) If a registrant refuses to give an undertaking or consent requested under subsection (1), or if a registrant fails to comply with an undertaking or consent given in response to a request under subsection (1), the inquiry committee may direct the registrar to issue a citation for a hearing by the discipline committee regarding the matter.
37 (1) If directed by the inquiry committee or the board, the registrar must issue a citation that
(a) names the affected registrant as respondent,
(b) describes the nature of the complaint or other matter that is to be the subject of the hearing, including the particulars of any evidence in support of that subject matter,
(c) specifies the date, time and place of the hearing, and
(d) advises the respondent that the discipline committee is entitled to proceed with the hearing in his or her absence.
(2) The registrar must have a citation either delivered to the respondent by personal service or sent by registered mail to the respondent at the last address for the respondent recorded in the register referred to in section 21 (2) not fewer than 30 days before the date of the hearing.
(3) If the subject matter of a citation is a complaint, the registrar must notify the complainant in writing of the date, time and place of the hearing not fewer than 14 days before the date of the hearing.
(4) The inquiry committee or the board may direct the registrar to cancel a citation that has been issued on its direction if the inquiry committee or board afterwards determines that a hearing by the discipline committee is not required and the registrar must then cancel the citation and notify the respondent and the complainant, if any, of the cancellation.
38 (1) The discipline committee must hear and determine a matter set for hearing by citation issued under section 37.
(2) The respondent, the college and the complainant, if any, may appear as parties and with counsel at a hearing of the discipline committee.
(3) A hearing of the discipline committee must be in public unless
(a) the complainant or the respondent requests the discipline committee to hold the hearing in private, and
(b) the discipline committee is satisfied that a private hearing would be appropriate in the circumstances.
(4) At a hearing of the discipline committee,
(a) the testimony of witnesses must be taken on oath, which may be administered by any member of the discipline committee, and
(b) there must be a full right to cross examine witnesses and call evidence in defence and reply.
(5) If the respondent does not attend, the discipline committee may
(a) proceed with the hearing in the respondent's absence on proof of receipt of the citation by the respondent, and
(b) without further notice to the respondent, take any action that it is authorized to take under this Act, the regulations or the bylaws.
(6) The discipline committee may order a person to attend at a hearing to give evidence and to produce records in the possession of or under the control of the person.
(7) On application by the discipline committee to the Supreme Court, a person who fails to attend or to produce records as required by an order under subsection (6) is liable to be committed for contempt as if he or she were in breach of an order or judgment of the Supreme Court.
(8) If the discipline committee considers the action necessary to protect the public between the time a hearing is commenced and the time it makes an order under section 39 (1), the discipline committee may set limits or conditions on the practice of the designated health profession by the registrant or may suspend the registration of the registrant and, for those purposes, section 35 applies.
39 (1) On completion of a hearing, the discipline committee may, by order, do one or more of the following:
(a) dismiss the matter;
(b) reprimand the respondent;
(c) impose limits or conditions on the practice of the designated health profession by the respondent;
(d) suspend the registration of the respondent;
(e) cancel the registration of the respondent;
(f) fine the respondent in an amount not exceeding the maximum fine established under section 19 (1) (w);
(g) assess costs or part of the costs of the hearing against the respondent.
(2) An order of the discipline committee under subsection (1) must be in writing and must be delivered to the respondent and to the complainant, if any.
40 (1) A person aggrieved or adversely affected by an order of the discipline committee under section 39 (1) may appeal or the board may appeal the order to the Supreme Court.
(2) An appeal under this section must be commenced within 30 days after the date of the decision.
(3) An appeal under this section must be an originating application commenced by filing a petition in any registry of the Supreme Court, and the Rules of Court respecting originating applications apply to the appeal but Rule 49 does not apply.
(4) The petition commencing an appeal under this section must be served on the college, effected by service on the registrar, within 14 days of its filing in the court registry.
(5) The petition commencing an appeal under this section must also be served on the parties to the discipline committee proceeding in which the order being appealed was made and, if the matter relates to a complaint, on the complainant.
(6) The persons required to be served under subsection (4) or (5) may be parties to an appeal under subsection (1).
(7) On request by a party to an appeal under subsection (1) and on payment by the party of any disbursements and expenses in connection with the request, the registrar must provide that party with copies of part or all, as requested, of the record of the proceeding before the discipline committee.
(8) An appeal under subsection (1)
(a) must be a new hearing if there is no transcript of the proceeding in which the decision being appealed was made, or
(b) must be a review of the transcript and proceeding if there is a transcript, unless the court is satisfied that a new hearing or the admission of new evidence is necessary in the interests of justice.
(9) On the hearing of an appeal under this section, the court may
(a) confirm, vary or reverse the decision of the discipline committee,
(b) refer the matter back to the discipline committee, with or without directions, or
(c) make any other order it considers appropriate in the circumstances.
(10) A decision of the Supreme Court on an appeal under subsection (1) may be appealed to the Court of Appeal if leave to appeal is granted by a justice of the Court of Appeal.
Part 4 – Health Profession Corporations
41 This Part applies to a designated health profession only if a regulation under section 50 (2) (a) provides that it applies.
42 (1) Subject to this Act, the regulations and the bylaws, a health profession corporation that holds a valid permit under section 43 (1) may carry on the business of providing to the public health profession services that may be performed by the registrants of the college whose board issued or renewed the permit.
(2) The services referred to in subsection (1) must only be provided by the health profession corporation through one or more persons, each of whom is
(a) a registrant of the college, or
(b) if permitted by the bylaws, an employee of the health profession corporation under the direct supervision of a registrant of the college.
43 (1) A board must issue or renew a permit authorizing a corporation to operate as a health profession corporation if satisfied that all the following requirements and conditions have been met:
(a) the corporation is incorporated under the Company Act and is in good standing under that Act;
(b) if a term is prescribed under section 50 (2) (b) for the designated health profession, the name of the corporation includes the term;
(c) all voting shares of the corporation are legally and beneficially owned by registrants of the college;
(d) all non-voting shares of the corporation are legally and beneficially owned by persons
(i) who are registrants of the college,
(ii) who are the spouse of a shareholding registrant of the college,
(iii) [Repealed 2000-24-22.]
(iv) who are children, as defined in the Family Relations Act, of a shareholding registrant of the college, or
(v) who are otherwise relatives of a shareholding registrant of the college and who reside with the registrant;
(e) all the directors of the corporation are registrants of the college;
(f) all the persons who will be providing the services on behalf of the corporation are registrants of the college or are under the direct supervision of a registrant of the college;
(g) all requirements and conditions established by bylaw under section 49 have been met;
(h) all requirements established by regulation under section 50 have been met.
(1.1) In subsection (1) (d) (ii), "spouse" means a person who
(a) is married to another person, or
(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.
(2) A board may refuse to issue or renew a permit under subsection (1) if
(a) the health profession corporation has previously had its permit revoked, or
(b) a shareholder, director or officer of the health profession corporation was a shareholder, director or officer of a health profession corporation that previously had its permit revoked.
(3) Despite subsection (1), voting or non-voting shares of a health profession corporation may be vested in
(a) an executor or administrator of the estate of a deceased registrant to allow the executor or administrator to discharge duties as executor or administrator of the estate, or
(b) a trustee in bankruptcy to allow the trustee to discharge duties as trustee in bankruptcy in respect of the corporation or a registrant.
44 (1) A board may, after a hearing, revoke a permit issued by it to a health profession corporation if
(a) in the course of providing services the corporation does anything that, if done by a registrant, would be professional misconduct,
(b) the corporation ceases to comply with a requirement or condition referred to in section 43 (1), or
(c) the corporation contravenes section 45.
(2) As alternatives to revoking a permit, a board may
(a) reprimand one or more shareholders of the corporation who are registrants, or
(b) impose a fine on the corporation in an amount not exceeding $10 000.
(3) A health profession corporation against which or a registrant against whom a decision under subsection (1) or (2) is made may appeal the decision to the Supreme Court and, for those purposes, the provisions of section 40 respecting an appeal from a decision of the discipline committee apply to an appeal under this section.
(4) If a board revokes a permit for a health profession corporation or refuses to renew a permit for a health profession corporation, it must notify the Registrar of Companies for the purposes of section 18 (6) of the Company Act.
45 (1) A corporation that has a term prescribed by regulation under section 50 (2) (b) as part of its name must not carry on any business unless it holds a valid permit under section 43 (1).
(2) A health profession corporation that holds a valid permit under section 43 (1) must not carry on any activities, other than the provision of services referred to in section 42 and services that are directly associated with the provision of those services that would, for the purposes of the Income Tax Act (Canada), give rise to income from business.
(3) An act of a corporation, including a transfer of property to or by the corporation, is not invalid merely because the corporation contravenes subsection (1) or (2).
46 A shareholder of a health profession corporation must not enter into a voting trust agreement, proxy or any other type of agreement that vests in another person who is not a registrant qualified to hold shares in the corporation the authority to exercise the voting rights attached to any or all of the shares of the shareholder.
47 A shareholder, director, officer or employee of a health profession corporation may be compelled in a proceeding under this Act, other than a proceeding under section 51 in which the person is a defendant, to give evidence and to produce all files and records in his or her possession or power that are relevant to a matter raised in the proceeding.
48 (1) The liability of a registrant for professional negligence is not affected by the fact that the registrant practises the designated health profession as an employee of a health profession corporation.
(2) The relationship of a registrant to a health profession corporation, whether as a shareholder, director, officer or employee of the corporation, does not affect, modify or diminish the application to the registrant of this Act, the regulations and the bylaws.
(3) Nothing in this Act affects, modifies or limits any law that applies to the fiduciary, confidential or ethical relationships between a registrant and a person receiving the professional services of a registrant.
(4) The relationship between a health profession corporation and a person receiving services provided by the corporation is subject to all applicable law relating to the fiduciary, confidential and ethical relationships that exist between a registrant and the registrant's client.
49 (1) The bylaws of a board under section 19 apply to health profession corporations under the board's authority and the board may exercise the powers given by this Act, the regulations and the bylaws to enforce those bylaws against a health profession corporation.
(2) A board may make bylaws it considers necessary or advisable in relation to health profession corporations under its authority.
(3) Without limiting subsection (2), a board may make bylaws respecting the following matters:
(a) the issue and renewal of permits, including the setting of fees and the establishment of procedures for obtaining or renewing permits;
(b) procedures for revocation of permits and for hearings respecting revocation of permits under section 44;
(c) names and the approval of names, including the types of names, by which a health profession corporation may be known;
(d) the disposition of shares in a health profession corporation belonging to a shareholder who ceases to be a registrant or who remains a registrant but is not qualified to practise the designated health profession;
(e) requirements for the issuance or renewal of permits and conditions that may be attached to permits, including the establishment of amounts of insurance that health profession corporations must carry or must provide to each of their employees for the purpose of providing indemnity against professional liability claims.
(4) Provisions in a bylaw under this section may be different, at the discretion of the board, for different permit holders.
(5) A bylaw under this section has no effect until it is approved by the Lieutenant Governor in Council.
50 (1) The Lieutenant Governor in Council may make regulations respecting health profession corporations for a designated health profession.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:
(a) the application of this Part to a designated health profession;
(b) a term that must be included in the name of a health profession corporation.
51 (1) A person who contravenes section 13 (1), (2), (3) or (4), 20 (5) or 31 (1) or (2) commits an offence.
(2) Section 5 of the Offence Act does not apply to this Act, the regulations or any bylaws made under this Act.
(3) A prosecution of an offence under this Act must not be commenced after the expiration of 2 years from the date of the alleged offence.
(4) In any prosecution under this Act, it is sufficient to prove that the accused has done or committed a single act of unauthorized practice or has committed on one occasion any of the acts prohibited by this Act.
52 (1) A board may apply to the Supreme Court for an interim or permanent injunction to restrain a person from contravening any provision of this Act, the regulations or its bylaws.
(2) A contravention may be restrained under subsection (1) whether or not a penalty or other remedy has been provided by this Act, the regulations or the bylaws.
53 Any person who, in the course of carrying out his or her duties under this Act, the regulations or the bylaws, obtains information that is given or records that are submitted in accordance with a request or obligation under this Act, the regulations or the bylaws must not disclose the information or records to any person other than for the purposes of carrying out his or her duties under this Act, the regulations or the bylaws or if required by law.
54 (1) If a notice or other document is required to be delivered to a person under this Act, the regulations or the bylaws, it is deemed to have been received by the person 7 days after the date on which it was mailed if it is sent by registered mail,
(a) in the case of a document to be delivered to a registrant, to the last address for that registrant recorded in the register referred to in section 21 (2), and
(b) in other cases, to the last address of that person known to the sender.
(2) For the purpose of proving deemed receipt of a document referred to in subsection (1), proof of receipt may be made by affidavit as to the date on which the document was sent by registered mail.
55 The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
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