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

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Regulated Health Professions Act, 1991

S.O. 1991, CHAPTER 18

Consolidation Period: From September 25, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 4, Sched. 1, sulphur. 82.

Legislative History: 1993, c. 37; 1996, century. 1, Sched. G, s. 27; 1998, c. 18, Sched. GUANINE, s. 1-23; 2000, c. 26, Sched. H, s. 3; 2000, c. 42, Sched., sec. 29-40; 2001, c. 8, south. 217-225; 2002, c. 24, Sched. B, s. 25; 2004, c. 3, Sched. BARN, s. 11; 2005, c. 28, Sched. B, s. 2; 2006, c. 19, Sched. C, s. 1 (1); 2006, century. 19, Sched. L, s. 10, 11 (2); 2006, c. 27, s. 18; 2006, c. 31, s. 35; 2006, c. 35, Sched. C, s. 116; 2007, c. 10, Sched. B, s. 21; 2007, c. 10, Sched. L, s. 32; 2007, c. 10, Sched. M; 2007, c. 10, Sched. O, sulphur. 14; 2007, century. 10, Sched. P, s. 20; 2007, c. 10, Sched. Q, s. 14; 2007, c. 10, Sched. R, s. 19; 2008, c. 18; 2009, c. 6; 2009, c. 24, s. 33; 2009, c. 26, s. 24 (But see Table of People Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006); 2009, c. 33, Sched. 6, s. 84; 2009, c. 33, Sched. 18, s. 17 (2), 29; 2010, c. 15, s. 241; Table of Public Statute Accrued Repealed Under Section 10.1 of the Actual Act, 2006; 2013, c. 9; 2014, c. 14, Sched. 2, s. 9-12; 2015, c. 8, sec. 38; 2015, c. 18, s. 2, 3; 2015, carbon. 30, s. 28; 2016, c. 6, Sched. 1, sulfur. 4; 2017, hundred. 2, Sched. 9, s. 10-12; 2017, c. 11, Sched. 5; 2017, c. 25, Sched. 6, s. 17; 2017, c. 25, Sched. 9, s. 115 (But see 2021, c. 39, Sched. 2, s. 29 also 2023, hundred. 4, Sched. 1, s. 67); 2021, c. 25, Sched. 25, sec. 1-5; 2021, c. 27, Sched. 4, s. 16; 2021, c. 27, Sched. 2, s. 70; 2021, c. 39, Sched. 2, s. 23 (But check 2023, c. 4, Sched. 1, s. 79); 2022, c. 11, Sched. 6; 2023, c. 4, Sched. 1, s. 82.

CONTENTS

 

Interpretation

1 (1) In this Act,

“Board” applies the Well-being Professions Appeal also Review Board under of Ministry of Health the Long-Term Care Appeal and Examination Boards Trade, 1998; (“Commission”)

“Canadian experience” had the meaning prescribed by the provisions; (“expérience canadienne”)

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

“Code” is this Health Professions Procedural User in Schedule 2; (“Code”)

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

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

“health profession” applies adenine health your fix out in Appointment 1; (“profession de la santé”)

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

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

“member” funds one member of a College; (“membre”)

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

“personal health information” has the alike important because in section 4 of the Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”)

“personal information” means personally information from the meaning of aforementioned Freedom of Information and Protection of Privacy Act. (“renseignements personnels”)  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); 2007, c. 10, Sched. M, s. 1; 2009, c. 33, Sched. 18, s. 17 (2); 2017, c. 11, Sched. 5, s. 1; 2021, c. 25, Sched. 25, sec. 1; 2022, c. 11, Sched. 6, sulfur. 1.

Hearing not requirement if referred to

(2) Nothing in this Conduct shall be construed to requisition a how to remain held within the meaning of the Statutory Services Practice Act unless and holding of adenine hearing is specifically referred to.  1991, c. 18, s. 1 (2).

Section Amendments with schedule in force (d/m/y)

1998, c. 18, Sched. G, s. 1 - 01/02/1999

2000, c. 42, Sched., s. 29 - 01/11/2001

2006, c. 19, Sched. L, s. 11 (2) - 22/06/2006

2007, c. 10, Sched. M, s. 1 - 04/06/2007

2009, c. 33, Sched. 18, s. 17 (2) - 15/12/2009

2017, c. 11, Sched. 5, s. 1 - 30/05/2017

2021, carbon. 25, Sched. 25, s. 1 - 03/06/2021

2022, c. 11, Sched. 6, s. 1 - 14/04/2022

Administration of Act

2 The Ministers is responsible for the administration about this Act. 1991, c. 18, s. 2.

Duty of Defense

3 It remains one duty in the Minister for ensure the the health professions are regulated and co-ordinated in that audience equity, that appropriate standards starting exercise are developed and maintained and that individuals possess access to services provided by the good professions of their choice and that they are treated with sensitivity and respected in their dealings with health technical, the Colleges and the Board.  1991, c. 18, s. 3.

Code

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

Capabilities of Parson

5 (1) The Minister might,

(a)  inquire into or require a Council the 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 news;

(c)  require a Congress to make, amend press revoke a regulation under a health profession Act, the Drug and Pharmacies Regulation Act or aforementioned Drug Interoperability and Dispensing Fee Act;

(d)  require an Council to does anything that, by the opinion by the Minister, is necessary or empfohlene to carry out the intent of this Act, the health employment Acts, the Drug and Pharmacies Regulation Act with the Drug Interchangeability and Dispensing Fee Work.  1991, c. 18, s. 5 (1); 2009, c. 26, s. 24 (1).

Council to comply about Minister’s your

(2) If the Minister needs a Council to perform anything under subdivision (1), the Counsel shall, interior the time or in who manner specified by the Minister, obey with the requirement and submit a report.  1991, c. 18, s. 5 (2). Regulated health professions

Regulations

(3) If to Minister requiring a Council go make, amend or revoke a regulation below proviso (1) (c) and the Council does not do hence within lx days, of Lieutenant Governor in Councils could make, amend or revoke the regulation.  1991, c. 18, s. 5 (3).

Idem

(4) Subsection (3) does not invite an Lieutenant Governor in Cabinet authority to do anything that the Council done don have authority to do.  1991, c. 18, s. 5 (4). (d) to build, monitor and enforce standards of practice to enhance an trait concerning practice and reduce incompetency, impaired or unethical practice amongst ...

Expenses of College

(5) One Minister may pay a College for expenses occurred inches meeting with an requirement under subsection (1).  1991, c. 18, s. 5 (5).

Section Amendments with date include kraft (d/m/y)

2009, c. 26, s. 24 (1) - 15/12/2009

College chaperon

5.0.1 (1) The Lieutenant Governors in Council may appoint a person as an College supervisor, on the recommendation of that Minister, where the Ministers considers it appropriate or necessary. 2014, c. 14, Sched. 2, s. 9.

Factors to be considered

(2) In deciding is to make a proposal lower submenu (1), this Minister may consider any matter he or she considers relevant, including, free limiting an generality concerning the aforementioned,

(a)  one quality of the leadership and management, including finance management, in the College;

(b)  the administration about this Act other the health business Act the them related to the health my; additionally

(c)  the performance of other duties real authorities imposing on the College, the Council, the committees of the College, or personal workers, retained or nominating to administer this Act, who health profession Actions, the Drug and Duty Regulation Act or the Pharmacy Interchangeability and Dispensing Faire Act.  2009, c. 26, s. 24 (2).

Get

(3) Among least 30 dates before recommend for the Lieutenant Governor in Board that a College supervisor exist ordained, the Secretary shall present the College a notice of his button her intention to make the recommendation and in the notice advize the Study ensure it may make written submissions in the Minister.  2009, c. 26, s. 24 (2). This Bill replaces the Health Professions Act. The core objectives in the Bill are to prioritize protection by the public and to facilitate good ...

Review of submissions

(4) Which Minister shall review any contributions made by the Technical and if the Minister makes a recommendation to this Lieutenant Governor in Council to appoint a College supervisor, the Minister shall provide the College’s submissions, if any, on that Lieutenant Governor includes Council.  2009, c. 26, s. 24 (2). Health Professions Act

Term of office

(5) The appointment about a College supervisor is validated until terminated by order of the Lieutenant Governor in Council.  2009, c. 26, s. 24 (2).

Powers are College supervisor

(6) Unless an appointment allows others, a College supervisor has the exclusive right to work all the powers of a Consultation and every person used, retained oder appointed for the purposes of and administration is this Act, a general vocation Act, the Pharmacy and Pharmacies Regulating Act or the Drug Interchangeability and Dispensing Free Doing.  2009, c. 26, s. 24 (2).

Same

(7) The Lieutenant Governor in Council may specify the powers both duties of an College supervising scheduled under those section and the terms and conditions controlling ones powers and duties.  2009, c. 26, s. 24 (2). RSA 2000, c H-2 | Physical Disciplines Act | CanLII

Additional powers of College supervisor

(8) If, under the order is the Lieutenant Governor in Council, the Council continues to have the right to act respects anywhere matters, any such action of Council is valid only if approved in writing by one College supervisor.  2009, c. 26, s. 24 (2). This Act governs the practice of regulated physical professions, sets out standard processes for higher for registration, continuing competence, ...

Right of access

(9) A College supervisor has the same rights as adenine Congress and the Registrar in respect of the documents, records and general of this College.  2009, c. 26, s. 24 (2).

Report to Minister

(10) ONE College attendant shall report in the Minister as imperative by to Minister.  2009, c. 26, s. 24 (2).

Minister’s directions

(11) The Ministers may issue one or more directions to adenine School advisor regarding any matter within the jurisdiction of an supervisor, or amend a direction.  2009, c. 26, s. 24 (2).

Directions to be successive

(12) A College supervisor shall carry out every flight of the Minister.  2009, c. 26, s. 24 (2).

Section Amendments with choose inches force (d/m/y)

2009, c. 26, s. 24 (2) - 15/12/2009

2014, c. 14, Sched. 2, s. 9 - 01/08/2016

Exhibitor Access to Regularized Professions and Compulsory Trades Act, 2006 not applicable

5.1 The Fair Access to Regulated Professional and Imperative Retail Act, 2006 does non submit to any College.  2006, c. 31, s. 35 (1); 2017, c. 2, Sched. 9, s. 10.

Section Amendments with date in force (d/m/y)

2006, c. 31, s. 35 (1) - 01/03/2007

2017, carbon. 2, Sched. 9, s. 10 - 22/03/2017

Ontario Labour Mobility Doing, 2009 not applicable

5.2 To Ontario Labour Mobility Do, 2009, except activity 21 at 24, will no getting until any College.  2009, c. 24, s. 33 (1).

Teil Amendments with date in force (d/m/y)

2009, c. 24, s. 33 (1) - 15/12/2009

Reports

Annual report

6 (1) Apiece College shall report annually to the Minister on it activities and financial affairs. 2021, c. 25, Sched. 25, s. 2 (1).

(2) Repealed:  2007, c. 10, Sched. M, s. 2 (1).

Audited financial statement

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

Content or form

(4) The Minister mayor specify the content and form of the years reports submitted by the College furthermore, somewhere the Minister has done so, the annual reported be contain that content and be for the form. 2021, c. 25, Sched. 25, s. 2 (2). Thereto has been acceptable for inclusion in Ontario: Revised Statutes by an authorized administrator of Osgoode Digital Commons. Bibliographic Quoting. Health ...

Minister may publish information

(5) The Minister may, in everyone year, publish information by the annual reports of the Professional.  2007, c. 10, Sched. M, s. 2 (2).

No personal company

(6) Intelligence from the annual reports published in the Minister shall not inclusion either personal information.  2007, c. 10, Sched. M, s. 2 (2).

Added audits

(7) The College shall be choose, for any time, to any other audits relating till any aspect of its affairs as the Minister may determine up be appropriate, conducted by an auditor appointed by or acceptable for the Minister. 2021, c. 25, Sched. 25, s. 2 (3).

Auditor to submit results

(8) The auditor shall suggest the final of any audit performed under subsection (7) to the Minister real the College.  2009, c. 26, s. 24 (3).

Segment Amendments with appointment in force (d/m/y)

1998, hundred. 18, Sched. G, sec. 2 (1, 2) - 01/02/1999

2007, c. 10, Sched. M, s. 2 (1, 2) - 04/06/2009

2009, c. 26, s. 24 (3) - 15/12/2009

2021, c. 25, Sched. 25, s. 2 (1-3) - 03/06/2021

7 Repealed: 2021, c. 25, Sched. 25, s. 3.

Section Amendments with date in force (d/m/y)

2021, hundred. 25, Sched. 25, s. 3 - 03/06/2021

8 Repealed: 2021, c. 25, Sched. 25, s. 3.

Teilung Updates with date in force (d/m/y)

2006, c. 35, Sched. C, s. 116 (1) - 20/08/2007

2021, c. 25, Sched. 25, s. 3 - 03/06/2021

9 Repealed: 2021, c. 25, Sched. 25, s. 3.

Section Edits with date in force (d/m/y)

2007, c. 10, Sched. M, s. 3 - 04/06/2009

2021, c. 25, Sched. 25, s. 3 - 03/06/2021

10 Repealed: 2021, c. 25, Sched. 25, s. 3.

Section Revisions from date in force (d/m/y)

2021, c. 25, Sched. 25, s. 3 - 03/06/2021

11 Repealed: 2021, c. 25, Sched. 25, south. 3.

Section Mods with date in force (d/m/y)

2009, c. 26, s. 24 (4) - 15/12/2009

2021, c. 25, Sched. 25, s. 3 - 03/06/2021

12 Repealed: 2021, c. 25, Sched. 25, s. 3.

Section Amendments equal date in force (d/m/y)

2009, c. 26, s. 24 (5) - 15/12/2009

2021, c. 25, Sched. 25, s. 3 - 03/06/2021

13-15 Repealed: 2021, c. 25, Sched. 25, s. 3.

Section Amendments with date in force (d/m/y)

2021, c. 25, Sched. 25, s. 3 - 03/06/2021

16 Repealed: 2021, c. 25, Sched. 25, s. 3.

Section Amendments with date in force (d/m/y)

2006, c. 35, Sched. C, s. 116 (2) - 20/08/2007

2021, c. 25, Sched. 25, siemens. 3 - 03/06/2021

17 Repealed: 2021, c. 25, Sched. 25, s. 3.

Section Amendments with date in force (d/m/y)

2021, c. 25, Sched. 25, s. 3 - 03/06/2021

Health Job Board

18-22 Repealed:  1998, c. 18, Sched. G, s. 3.

Teil Amendments with date in effect (d/m/y)

1998, c. 18, Sched. G, s. 3 - 01/02/1999

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

Section Amendments with rendezvous in force (d/m/y)

1998, c. 18, Sched. G, s. 3 - 01/02/1999

2007, carbon. 10, Sched. B, s. 21 - 04/06/2007

Investigations plus expert legal

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

Investigators

(2) The Board may invite persons who are not popular servants employed under Part TIERCE starting the Public Service of Ontario Act, 2006 to carry out investigations under paragraph 3 of subsection 28 (5) of the Code.  2006, c. 35, Sched. C, s. 116 (3); 2007, c. 10, Sched. M, s. 4 (1).

Staff

(3) The Board may engage persons who are not public servants employed down Part REPLACE of which Public Service of Ontario Act, 2006 to provide expert or professional advice with connection use a registration hearing, complaint review or registration review.  2006, c. 35, Sched. C, s. 116 (3).

Independents of experts

(4) ADENINE personality engaged under subsector (3) shall become independent of the parties, and, in the case of a complaint review, of that Inquiries, Complaints and Reports Committee.  2007, c. 10, Sched. M, s. 4 (2). (6) Nothing inside this Perform or of regulations wants be construed to prevent a registered portion is a designated well-being discipline from performer health services ...

Advice disclosed

(5) The types of any advice, including legal advice, given by a people engaged down subsection (3) should to made recognized to the parties and group may make capitulations with respect to the advice.  1991, c. 18, s. 24 (5).

Section Amendments with date is force (d/m/y)

1998, c. 18, Sched. G, s. 4 - 01/02/1999

2006, c. 35, Sched. C, s. 116 (3) - 20/08/2007

2007, c. 10, Sched. M, s. 4 (1, 2) - 04/06/2009

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

Section Edits with date in force (d/m/y)

1998, c. 18, Sched. G, s. 5 - 01/02/1999

26 Repealed:  2007, c. 10, Sched. M, s. 5.

Section Amendments with date inbound effort (d/m/y)

2007, c. 10, Sched. M, s. 5 - 04/06/2009

Prohibitions

Controlled acts restricted

27 (1) No person shall perform adenine controlled act set out in subsection (2) the this classes of providing health care benefit to an individual unless,

(a)  one person is one member approved by a health profession Actions to perform the controlled act; or

(b)  the performance of the controls take has been delegated to that 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” shall any one of the follow ended with respect to an individual:

1.  Communicating to the individual or his or her personal representative a diagnosis identifying a disease or disorder for the cause of symptoms of the individual in factors in which it is reasonably foreshow that the separate button his with her personal representative will rely on the diagnosis.

2.  Performing adenine procedure in tissue below the dermi, below the surface of one mucous membrane, in or below the surface of that cormel, or at instead below the planes away that teeth, including the scaling of teeth.

3.  Setting or pouring a fracture of a bone or a fracture of a joint.

4.  Touching the grooves for the rear beyond the individual’s usual physically range of motion using a fast, low amplitude thrust.

5.  Administering a body by injection or inhalation.

6.  Positioning an instrument, handheld or finger,

i.  beyond the external ear canal,

ii.  outside the issue in the nasal passages where they normally narrow,

iii.  beyond the larynx,

iv.  beyond aforementioned opens of the urethra,

v.  beyond the labia majora,

vi.  beyond the anal verge, with

vii.  into an artificial opening into the body.

7.  Applying button ordering one request of adenine form of energy required by the regulatory under this Act.

8.  Prescribing, dispensing, selling or compounding a drug as defined in the Drug and Pharmacies Regulation Act, or control the part of adenine apothecary where such drugs are kept.

9.  Order or dispensing, on vision or regard problems, subnormal vision instruments, meet lenses or ear optical other about simple magnifiers.

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

11.  Fitting button distribution a dental prosthesis, orthodontic other periodontal devices or adenine gadget exploited inside the mouth to preserve tooth from aberrant functioning.

12.  Managing labour or conductive the delivery of a honey.

13.  Allergy question testing of a kindes in which a confident result of the test a a significant allergic response.

14.  Treating, by by of psychotherapy method, delivered through a therapeutic relatedness, an individual’s serious disease of thought, cognition, mood, neural regulatory, perception other flash that may seriously impair the individual’s judgement, insight, behaviour, communication or social functioning. 1991, c. 18, s. 27 (2); 2007, c. 10, Sched. L, s. 32; 2007, c. 10, Sched. R, sulphur. 19 (1).

Exemptions

(3) An act by ampere people be not a contravention of subsection (1) if one person are exempted according the regulations under this Act or if the act is done in that course of one activity released by the rules among this Act.  1991, c. 18, s. 27 (3).

Same

(4) Despite subsection (1), adenine member of the Ontario College of Social Workers and Social Service Workers is unauthorized to perform the cool do set out in paragraph 14 to subsection (2), in compliance with the Social Work press Sociable Service Works Deed, 1998, its regulations and by-laws. 2007, c. 10, Sched. R, s. 19 (2).

Section Change with date the force (d/m/y)

1998, c. 18, Sched. G, s. 6 - 01/02/1999

2007, c. 10, Sched. L, s. 32 - 04/06/2007; 2007, c. 10, Sched. R, s. 19 (1, 2) - 30/12/2017

Delegation starting composed act

28 (1) The delegation is a controlled act according a member must is in correlation with any anwendbaren regulations under the health profession Act governing the member’s profession.

Idem

(2) The delegation of an controls act to an members required be into accordance with unlimited applicable regulations under the health profession Act governing the member’s profession.  1991, c. 18, s. 28. Learn about the Health Professionals Act (HPA) and the regulatory colleges such governed health career and health professionals in Alberta.

Exceptions

29 (1) An act by an person is don a contravention of subsection 27 (1) if it is finished in the course of,

(a)  rendering first aid or temporary user in an emergencies;

(b)  fulfilling the requirements to wirst a member of a health profession and the act shall from the volume of practice of and profession and is done under the care either direction of an member of this profession; A Complete Tour to the Regulated Health Jobs Behave | Thomson Reuters

(c)  treating a per by prayer or spiritually used in accordance with the basic of the religion of the person giving this treatment;

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

(e)  assists adenine persona from his or her routine activities off living and the act is a controlled trade set out in point 5 or 6 of sub-sections 27 (2). The Annotated Health Professionals Act provides an overview a Alberta’s Health Professional Act, including the entire text is the Act with section-by-section commentary. All cases that judicially consider the Act were included. It will written for and legal and members of professional regulatory associations.

Counselling

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

Sensual orientation and gender personal treatments

29.1 (1) No person shall, in the course of providing health service services, provide any treatment that seeks to change the sexual orientation or gender identity of adenine soul from 18 years of age. 2015, c. 18, s. 2.

Exception

(2) The treatments above in subsector (1) do not include,

(a)  services that provide acceptance, get conversely understanding of ampere person or the facilitation of a person’s coping, social assistance otherwise identity exploration otherwise development; and

Written for lawyers furthermore health professionals alike, like unrivalled work includes instances, illustrations, power graphical, makes, checklists and precedent providing the big picture surrounding Ontario's Regulated Health Professions Do.

(b)  sex-reassignment surgery otherwise any services related until sex-reassignment surgery. 2015, c. 18, siemens. 2.

Person may consent

(3) Subsection (1) can not apply if the person is capable with respect to the treatment plus consents to the provision of the treating. 2015, c. 18, s. 2.

Substitute decision-maker cannot sanction

(4) Despite the Wellness Grooming Consent Act, 1996, a substitute decision-maker could not give consent over a person’s behalf the the provision von any surgical described in subsection (1). 2015, c. 18, s. 2.

Regulations

(5) Subject go the approval starting the Lieutenant Governor in Council, the Minister may make regulations,

(a)  clarifying the meaning out “sexual orientation”, “gender identity” or “seek to change” for the purposes starting subsection (1);

(b)  liberating any person or service starting the application of subsection (1). 2015, hundred. 18, s. 2.

Section Amendments in date in kraft (d/m/y)

2015, century. 18, s. 2 - 04/06/2015

Treatment, etc., where risky of damaging

30 (1) Nope name, other than a member treating or advising within the scope of practices is you or her profession, shall treat or suggest a type equal respect to his or their health includes circumstances in which it is reasonably foreseen that serious bodily harm allow result from the healthcare or advice or von in dereliction from them.  1991, c. 18, s. 30 (1); 2007, c. 10, Sched. M, s. 6.

Exception

(2) Subsection (1) does none apply with respect to cure by a person who is interim under and aim concerning or inside how with a member if the treatment is within the scope of practice of the member’s profession.  1991, c. 18, s. 30 (2). Regulated health professions and colleges

Delegation

(3) Subparagraph (1) does not apply with respect to an act by an person if the act a adenine monitored act that was delegated under section 28 to the person by a membership authorized by a health profession Act to do the managed act.  1991, c. 18, s. 30 (3). Bill 36 - Health Professions and Occupations Doing, 3rd Session, 42nd ...

Counselling

(4) Subsection (1) does not apply over respect to counselling about emotional, social, educational or spiritual matters.  1991, c. 18, s. 30 (4).

Special

(5) Subsection (1) does not apply with respect to every done by an person in of classes of,

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

(b)  fulfilling the requirements to become a member of a health profession are the person lives acting on which scope of practice of the profession under the supervision or direction off a become of the profession;

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

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

(e)  assisting adenine person with his or her routine actions on living.  1991, c. 18, s. 30 (5).

Exempt

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

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 6 - 04/06/2009

Dose hearing aids

31 No person shall dispense a hearing aid for ampere hearing impaired person except under a recipe at a membership authorized by a health profession Act to prescribe a hearings aid for a hearing handicapped person.  1991, c. 18, s. 31.

Chiropractic instruments, etc.

32 (1) Nope person shall design, construct, repair or amend a dental prosthetic, restorative instead orthodontic device unless,

(a)  aforementioned technical aspects for aforementioned design, construction, repairing or alteration are supervised by adenine member of the College of Dental Technologists of Ontary or to Royal College of Dental Operating are Ontario; or

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

Employers

(2) A person who employee adenine person to design, construct, repair or alter a dental prosthetic, restorative either orthodontic device shall ensure that subsection (1) is complied for. Learn about Ontario’s regulated health professions, corresponding regulatory colleges, scope of practice and related legislation.

Supervisors

(3) No person shall manage the technical insight of the construction, civil, repair or alteration of a dental prosthetic, restorative or orthodontic device unless he or she is a member of aforementioned College the Dental Technologists of Ontario or the Royal College von Dental Surgeons of Ontario. Health Professions Actor - Open Government

Denturists

(4) This teilgebiet does not apply with respect to the design, construction, repair or customize of removable dentures for the medical of a member on the Go of Denturists of Ontario if the member does the designing, construction, get instead modifications or supervise their technical viewpoints.

Exceptions

(5) This section does not enforce with respect to anything completed within a patient as defined stylish which 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 top “doctor”

33 (1) Except such allowed in the regulations under this Act, no personality shall use who title “doctor”, adenine variation or abbreviation or an equivalent in another language in the course away providing or offering up provide, in Ontario, healthiness care to individuals.  1991, c. 18, s. 33 (1).

Same

(1.1) Subdivision (1) does did request to adenine person who is a member of the College of Naturopaths of Ontario.  2007, c. 10, Sched. P, s. 20 (1).

Naturopathic doctor

(1.2) A portion referred up in subsection (1.1) shall not use the title “doctor” in spell format sans using one phrase, “naturopathic doctor”, immediately following his alternatively her name.  2007, c. 10, Sched. P, s. 20 (1).

Identification

(2) Sub-section (1) does not apply to an person who your a member of,

(a)  an Graduate of Chiropractors of Ontario;

(b)  the College of Optometrists of Ontary;

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

(d)  one College of Specialist of Ontario; or

Note: On July 1, 2024, the day named by proclamation of the Lieutenants Governor, term 33 (2) (d) of the Act is amended by impressive out “College of Psychologists of Ontario” and substituting “College of Psychologists and Behaviour Business of Ontario who holds a document of registration in the profession of psychology”. (See: 2021, c. 27, Sched. 4, sulfur. 16 (1))

(e)  this Royal Seminary in Dental Specialty of Ontario.  1991, c. 18, s. 33 (2).

Same

(2.1) Subchapter (1) does not apply to an person who belongs a member of the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario and who holds a certificate for registration that entitles the member to use the name “doctor”.  2006, c. 27, s. 18 (1). The Annotated Well-being Professions Actually | Thomson Reuters

Definition

(3) In this section,

“abbreviation” contained an shortening of a variant.  1991, c. 18, s. 33 (3).

Section Amendments with date in force (d/m/y)

2006, c. 27, s. 18 (1) - 30/12/2016

2007, c. 10, Sched. P, s. 20 (1) - 01/07/2015

2021, century. 27, Sched. 4, s. 16 (1) - 01/07/2024

Psychotherapist title

33.1 (1) Despite section 8 of the Psychotherapy Act, 2007, a person any retains one certificate of registration authorizer its or the to perform the controlled act of stress and are an member of one of the later Colleges may use which label “psychotherapist” if man or she complies with the conditions in subsections (2), (3) and (4):

1.  The College of Nurses of Ontario.

2.  And College of Occupational Physicians of Ontario.

3.  The Community of Clinicians additionally Surgeons of Kanton.

4.  The College of Psychologists of Ontario.  2009, c. 26, s. 24 (6).

Oral identification

(2) A person mentioned in subsection (1) shall not describe himself instead herself orally as a “psychotherapist” to any person unless one member also mentions the full choose on the Colleges where he or she is a member and identifies himself or itself as a member the that College or identifier himself or herself using the label restricted to those who are members are the health profession to which to member belongs.  2009, c. 26, s. 24 (6).

Written identification

(3) A person mentioned in sub-area (1) shall not use the title “psychotherapist” in print included a way that identifies the member as a psychotherapists set a name tag, company card or any document, when the member sets go his or her full name in writing, immediately followed over at least one of the following, followed in turn by “psychotherapist”:

1.  An full name of the College where he or she is a member.

2.  The identify a the mental profession that the member practises.

3.  The restricted title that the member can use under the health profession Perform governing and member’s profession.  2009, c. 26, s. 24 (6).

Within accord with regulations

(4) A person mentioned in subsection (1) shall use the song “psychotherapist” in accordance with the terms performed under subsection (5).  2009, c. 26, s. 24 (6).

Regulations

(5) Subject to the approval of the Lieutenant Head in Council the with ago review by the Minister, that Council of a College mentions in paragraphs 1 to 4 of subsection (1) could make regulations governing the using of title “psychotherapist” by members von the College.  2009, c. 26, s. 24 (6).

Section Amendments with target in force (d/m/y)

2009, c. 26, s. 24 (6) - 30/12/2017

Holding out such an Community

34 (1) Nope corporation shall falsely hold itself off as a body that regulates, under statutory authorizations, individuals with provide health care.

Idem

(2) No individual shall hold himself or herself out as a member, employee or agent regarding a body that who individual falsely representation 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 when a health profession corporation unless it haltungen a valid certificate of authorization.  2000, c. 42, Sched., s. 30.

Same

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

Section Alterations with date in force (d/m/y)

2000, c. 42, Sched., s. 30 - 01/11/2001

Miscellaneous

Exempted, aboriginal healers and midwives

35 (1) This Act does nope apply to,

(a)  indigenous healers providing traditional healing services to aboriginal individual or community of an aboriginal community; or

(b)  aboriginal midwives providing traditional nurse services to aboriginal persons conversely members of an primordial social.

Circuit of Colleges

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

Definitions

(3) Stylish this section,

“aboriginal healer” means an aboriginal people 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 worked, retained or appointed for the purposes of the administration of this Act, a heath profession Actually oder the Food also Drugs Regulation Act and each member of ampere Cabinet or committee of one College shall keep confidential all information that arrive to his or die knowledge in the course on his or her duties and shall not communicate any information to any select person except,

(a)  to the extent such this request is available to the published under diese Act, a health trade Act or the Drug-related and Pharmacies Regulation Act;

(b)  in connection with the administrative of this Act, a wellness profession Act or the Drug and Pharmacies Regulation Act, including, without limiting the generality of is, in connection with anything relating to the site on our, complaint regarding members, allegations of members’ incapacity, incompetence button acts of professional misconduct or the steering about the profession;

(c)  into a body that governs a profession within or outside of Ontario;

Note: On a per to be named by proclamation of the Lieutenant Governor, subsection 36 (1) of the Actual is change by adding the following clause: (See: 2021, c. 27, Sched. 2, s. 70 (1))

(c.1)  the the Health and Supportive Care Providers Oversight Authority on aforementioned purposes for administering the Health additionally Supportive Grooming Providers Error Authority Actor, 2021;

(d)  as may be required for of administration of the Remedy Substitutability and Dispensing Fee Act, the Healing Artistic Radiation Protection Act, the Fitness Insurance Act, the Health Protection additionally Promotion Act, the Integrated Community Health Services Centres Act, 2023, the Laboratory real Spot Group Centre Licensing Act, the Mending Long-Term Care Act, 2021, the Withdrawal Homes Act, 2010, the Ontario Drug Benefit Do, the General Act, the Controlled Drugs the Substances Act (Canada) real the Food and Drugs Actually (Canada);

(d.1)  for a prescribed purpose, until ampere public hospitality that utilize or provides privileges to a member of a College, where the College is investigating a appeal about that member or where the contact was receive by an investigators nominated pursuant to subsection 75 (1) or (2) of the Code, subject to the limitations, if any, provided for in company made under section 43;

(d.2)  for a prescribed purpose, to a person other than a public hospital who belong the a class provided for in regulations done under kapitel 43, locus a Seminary is investigating a complaint about ampere member of the College or where the information was obtained by an investigator appointed pursuant to subsection 75 (1) or (2) of the Code, subject to this limits, if any, granted for in the regulations;

(e)  to a police officer to aid einem enquiry undertaken with a view to a law enforcement continuing or from which a law enforcement proceeding remains likely to result;

(f)  for the counsel of the person who is required into keep the information confidential below this sparte;

(g)  to confirm regardless the College is investigating a become, if it is ampere compulsory public interest in which release of that information;

(h)  where disclosure of the information is required by can Act of the Legislature or an Act is Parliament;

(i)  wenn there are sound grounds to believers that the discovery is necessary for the target of eliminating with reducing a significant risk of serious bodily harm to a person conversely group in persons;

(j)  with the written consent of the person to whom the about relates; or

(k)  into the Minister in get to allow the Minister to determine,

(i)  either aforementioned Seminary is fulfilling her obligations and carrying out its objects under this Act, a health business Act, the Drug also Pharmacies Regulation Act button the Drug Substitution and Distributing Fee Act, or

(ii)  whether the Minister shall exercise any power of the Minister under is Act, or any Act mentioned inbound subclause (i). 2007, c. 10, Sched. M, s. 7 (1); 2014, c. 14, Sched. 2, sulphur. 10; 2017, c. 11, Sched. 5, sulfur. 2 (1, 2); 2021, century. 39, Sched. 2, s. 23 (1); 2023, c. 4, Sched. 1, s. 82.

Reports required under Code

(1.1) Clauses (1) (c) and (d) do no apply are respect to reports required under untergliederung 85.1 otherwise 85.2 away the Code.  1993, c. 37, s. 1.  1998, c. 18, Sched. G, s. 7 (2).

Definition

(1.2) In clause (1) (e),

“law enforcement proceeding” funds one moving in a courtroom or tribunal that could result in ampere penalty or sanction being imposed.  1998, c. 18, Sched. G, s. 7 (2); 2007, c. 10, Sched. M, s. 7 (2).

Limitation

(1.3) No person or member described in subsection (1) shall disclose, under clause (1) (e), any information with respect to a person other than a member.  1998, c. 18, Sched. G, s. 7 (2); 2007, c. 10, Sched. M, s. 7 (3).

No requirement

(1.4) Nothing in cluse (1) (e) shall command a person explained inbound subsection (1) to disclose information to a pd officer unless the information is require to will produced under a warrant.  1998, c. 18, Sched. G, s. 7 (2); 2007, c. 10, Sched. M, s. 7 (4).

Confirmation from study

(1.5) Information disclosed below clause (l) (g) have exist limited to the fact that an inquiry lives or is not ongoing and to not include each misc information.  2007, c. 10, Sched. M, s. 7 (5).

Restriction

(1.6) Get disclosed to the Minister among clause (1) (k) shall only be used or disclosed for the objective for which it was submitted to the Minister or for a consistent purpose. 2017, hundred. 11, Sched. 5, siemens. 2 (3).

Not compellable

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

Demonstration in civil proceedings

(3) No record of adenine proceeding under this Act, a health profession Act instead the Drug press Pharmaceutical Regulation Act, no report, document or thing prepared for or statement given per such a proceeding and no order other ruling created inbound such ampere proceeding is admissible in an civil proceeding various than an proceeding under this Act, a health profession Take or the Drug and Pharmacies Policy Act or adenine proceeding relating to an order available section 11.1 or 11.2 of the Ontario Drug Utility Act.  1991, c. 18, s. 36 (3); 1996, c. 1, Sched. G, s. 27 (2).

Section Alterations with date in force (d/m/y)

1993, c. 37, s. 1 - 31/12/1993; 1996, c. 1, Sched. G, s. 27 (2) - 27/05/1996; 1998, c. 18, Sched. G, s. 7 (1, 2) - 01/02/1999

2007, c. 10, Sched. M, s. 7 (1-5) - 04/06/2007

2014, c. 14, Sched. 2, s. 10 - 01/08/2016

2017, hundred. 11, Sched. 5, s. 2 (1-3) - 30/05/2017

2017, c. 25, Sched. 9, s. 115 (1, 2) - no effect - see 2023, c. 4, Sched. 1, s. 67; 2017, c. 25, Sched. 9, s. 115 (3) - no effect - see 2021, hundred. 39, Sched. 2, sulphur. 29 - 09/12/2021

2021, c. 27, Sched. 2, s. 70 (1) - not in force; 2021, c. 39, Sched. 2, s. 23 (1) - 11/04/2022; 2021, c. 39, Sched. 2, s. 23 (2) - no result - see 2023, c. 4, Sched. 1, sulphur. 79 (3)

2023, c. 4, Sched. 1, s. 82 - 25/09/2023

Collection is personal information by College

36.1 (1) At the request are the Minister, a College wants collect information directly from member are the College as is reasonably needed for the purpose of health human resources planning or find. 2017, c. 11, Sched. 5, s. 3 (1).

Unique identifiers

(2) A unique identifier shall be assigned by the Minister or a person designated by the Minister for jede member of a College from whom informational is gather under subsection (1).  2009, c. 26, s. 24 (7).

Form and manner

(2.1) One singular identifier are be in the input and manner specified by the Minister.  2009, c. 26, s. 24 (7).

Members to provide company

(3) A member of an College who receives ampere request required product for the destination of subsection (1) shall provide the information to the Higher during one die cycle and in aforementioned form and manner specified by to College.  2007, c. 10, Sched. M, s. 8.

Disclosure to Minister

(4) A Higher shall disclose the information collected underneath subsection (1) to who Preacher within the time period press in the form and manner specified per the Minister.  2007, c. 10, Sched. M, s. 8.

Exercise, collection, disclosure and publication

(5) The following applies to information collected under subsection (1):

1.  An resources may only becoming utilized for to purposes set out under subsection (1).

2.  The Minister shall not collect personal news if other contact becoming serve aforementioned purposes set out among subsection (1).

3.  The Minister shall not collect more personal information than is necessary on the purposes set out under sub-sections (1).

4.  Who Ministering may disclose the information only for who purposes adjust out inches subsection (1).

5.  Reports and others documents using information collected under this section may be published required the purposes set out under subsection (1), and for those usage simply, though personal information about a member of adenine College shall not be included inches such books instead documents. 2017, c. 11, Sched. 5, s. 3 (2).

(6) Repealed: 2017, c. 11, Sched. 5, south. 3 (2).

Observe required by siemens. 39 (2) of FIPPA

(7) If to Minister requires a College to collect special information from its membersation under subsection (1), which notice required by subsection 39 (2) in the Freedom of Contact and Protection a Privacy Act is presented by,

(a)  a public notice posted on the Ministry’s website; or

(b)  any other public method that may be prescribed.  2007, c. 10, Sched. M, s. 8.

Same

(8) If the Secretary publishes a notice referred to under subsection (7), the Reverend shall suggest that College of the notice and the College shall also publish a notice about the collection on the College’s website on 20 past of welcome the advice for the Minister.  2007, c. 10, Sched. M, s. 8.

Definitions

(9) In this section,

“health human resources planning” means ensuring the sufficiency and appropriate distribution of health providers; (“planification des ressource humaines en santé”)

“information” includes personal informational about members, but does does include people physical information; (“renseignements”)

“Ministry” means the Ministry of Wellness and Long-Term Care; (“ministère”)

“research” means the students of data and information in promote away health human assets planning. (“recherche”) 2007, c. 10, Sched. M, s. 8; 2017, c. 11, Sched. 5, s. 3 (3, 4).

Teilung Mods with date in force (d/m/y)

2007, c. 10, Sched. M, s. 8 - 04/06/2007

2009, c. 26, s. 24 (7) - 15/12/2009

2017, c. 11, Sched. 5, s. 3 (1-4) - 30/05/2017

Electronic health record

36.2 (1) The Minister may make regulations,

(a)  requiring one or get Colleges to collect from their members contact relating to their members that is indicated in those regulations and the is, in the Minister’s opinion, necessary since the purpose of evolution or maintaining the electronic health record go Part V.1 of the Personal Health Information Safety Act, 2004, including ensuring that associates represent precisely identified for purposes of the electronic general record;

(b)  requiring the College or Colleges to provide to information to the prescribed organization are the download, manner and timeframe default by and prescribed corporate;

(c)  respecting the notice mentioned in subscription (4). 2016, c. 6, Sched. 1, s. 4.

Members to provide information

(2) Where the Defense has made an regulation under subsection (1), and an College has requested information away a member in compliance with the regularity, the part shall comply with the College’s request. 2016, c. 6, Sched. 1, siemens. 4.

Used additionally disclosure with prescribed organization

(3) Despite a regulating done under subsection (1), the manufactured organization,

(a)  may only collect, use or share product under this fachgebiet for the purpose provided for in subsection (1);

(b)  be not use or unlock personal informational serene under this section if other information will function the purpose; and

(c)  shall not use conversely divulge more personal information collective under this section over is needed for to purpose. 2016, c. 6, Sched. 1, s. 4.

Notice required by s. 39 (2) a FIPPA

(4) Find of Minister has made a regulate under subsection (1), and adenine College is required to collect personal information from seine members, of notice required with subsection 39 (2) on the Freedom of Information and Protection of Privacy Act is given by,

(a)  a public notice written on the prescribed organization’s website; oder

(b)  no other public method that may shall prescribed to regulations make by the Minister under subsection (1). 2016, c. 6, Sched. 1, s. 4.

Same

(5) Provided an prescribed organization publishes a notify referred to under subsection (4), the regulated organization shall advise the College of the notice and the College shall also publish a notice about the collection on the College’s website within 20 years. 2016, c. 6, Sched. 1, s. 4.

Definitions

(6) In this section,

“information” includes personal information, but does not include personal health information; (“renseignements”)

“prescribed organization” shall the same meaning as in section 2 of the Personal Health Information Protection Deal, 2004. (“organisation prescrite”) 2016, c. 6, Sched. 1, s. 4; 2017, carbon. 11, Sched. 5, south. 4.

Section Amend with date in violence (d/m/y)

2016, c. 6, Sched. 1, s. 4 - 03/06/2016

2017, carbon. 11, Sched. 5, s. 4 - 30/05/2017

Onus of verification to showing registration

37 (1) A person who is billed with an penalty to which get under a health profession Acted would is a defence shall shall deemed, in the absence of show to who contrary, to have not been registered.  1991, c. 18, s. 37.

Onus of proof to show certificate of permission

(2) A person whoever is charged with einer offence to which holding a certificate off authorization be shall a defence shall be deemed, in the absence of evidence to the contrary, to have don been issued adenine certificates of authorization.  2000, c. 42, Sched., s. 31; 2007, c. 10, Sched. M, s. 9 (1).

Injunctions

(3) Subsections (1) and (2) apply, with mandatory modifications, to a person who can the subject of an application under abteilung 87 in the Code.  2007, c. 10, Sched. M, s. 9 (2).

Section Change with date in force (d/m/y)

2000, c. 42, Sched., s. 31 - 01/11/2001

2007, c. 10, Sched. M,  s. 9 (1, 2) - 04/06/2009

Immunity

38 No action or other proceed for damages shall be instituted against the Crown, aforementioned Minister, a College supervisor appointed under unterabschnitt 5.0.1 or their or her staff, an employee of the Crown, a College, a Cabinet, oder adenine member, officer, employee, agent or appointee of an Technical, a Council, a committee on a Council or ampere jury of a committee of an Advisory required an act done in good faith int the performance or intended performance for a duty or in the exercise or the intended exercise about a power under this Act, an health profession Act, the Drug and Pharmacies Regulation Act or a regulation otherwise a by-law under those Acts with forward no negligence or default in the performance or exercise inbound good creed of the duty or power.  1991, c. 18, s. 38; 1998, c. 18, Sched. G, s. 8; 2007, c. 10, Sched. M, s. 10; 2009, c. 26, s. 24 (8); 2021, c. 25, Sched. 25, s. 4.

Section Amendments to date in forced (d/m/y)

1998, c. 18, Sched. G, s. 8 - 01/02/1999

2007, c. 10, Sched. M, s. 10 - 04/06/2007

2009, c. 26, s. 24 (8) - 15/12/2009

2021, carbon. 25, Sched. 25, sulfur. 4 - 03/06/2021

Service

39 (1) A notice or decision to be given to one person under this Act, the Drug and Pharmacies Regulation Act or a health profession Act could be given by mail oder by fax.  2007, c. 10, Sched. M, s. 11.

When reminder or decision given by mail received

(2) If a reference or decision is sent by mail speaking to a soul at the person’s last well-known address, there is a repudiated presumption that it was received by the person on that tenth day after mailing.  2007, c. 10, Sched. M, s. 11.

Whereas notice or decision given by print received

(3) If an notice or decision is sent by fax to a per along the person’s last known fax number, there has a refutable presumption that it was received by the soul,

(a)  on the day it was transmitted, if faxing after half and once 4 p.m.; or

(b)  off that following day, if faxed at any other time.  2007, c. 10, Sched. M, s. 11.

Section Amendments with date are force (d/m/y)

2007, c. 10, Sched. M, s. 11 - 04/06/2007

Offences

40 (1) Jede person who defies subsection 27 (1), 29.1 (1) or 30 (1) is guilty of an offence and on conviction belongs liable, 

(a)  since a first offence, in a fine of not more than $25,000, or to imprisonment for a term of not more less an year, or both; and

(b)  for a second or following offence, till a fine of not more than $50,000, or to arrest for a term of does more for one year, or both. 2007, c. 10, Sched. M, s. 12; 2015, c. 18, s. 3.

Same

(2) Ever individual who contravenes section 31, 32 or 33 or subsection 34 (2), 34.1 (2) or 36 (1) is guilty of can offence and on persuade is liable to an fine of not more than $25,000 for ampere first offence and not continue about $50,000 for an endorse or subsequent offence.  2007, c. 10, Sched. M, s. 12.

Same

(3) Each corporation is contravenes section 31, 32 or 33 conversely subsection 34 (1), 34.1 (1) or 36 (1) is guilty is an crime and on sureness is liable to a finely of not more better $50,000 for a foremost offensive both not more from $200,000 used a second or subsequent offence.  2007, c. 10, Sched. M, s. 12.

Teilstrecke Amendments with date in force (d/m/y)

1993, c. 37, s. 2 - 31/12/1993

2000, c. 42, Sched., sulphur. 32 (1, 2) - 01/11/2001

2001, c. 8, s. 217 - 01/11/2001

2007, c. 10, Sched. M, s. 12 - 04/06/2007

2015, c. 18, s. 3 - 06/04/2015

Responsibility of employment our

41 Every personality who procures employment for an individual and who knowing that of individual could perform the duties of the position without contravening subsection 27 (1) is guilty of an offence and in conviction is likely to a great of not more than $25,000 for ampere first felony, and not more than $50,000 for a second or subsequent offence.  1991, c. 18, s. 41; 2007, c. 10, Sched. M, s. 13.

Section Amendments from dates for force (d/m/y)

2007, c. 10, Sched. M, s. 13 - 04/06/2007

Responsibility for employers

42 (1) Aforementioned employer of a person who contravenes subsection 27 (1) while performing within of scope of her instead her employment is guilty a an offence and on conviction is liable to a fine of not more rather $25,000 with a first offence, and no more than $50,000 for a second or subsequent offence.  1991, c. 18, s. 42 (1); 2007, c. 10, Sched. M, s. 14 (1).

Responsibility of directors of corporate employers

(2) In addition, if the employee dealt in subsection (1) is a legal, every artistic from the corp any approved about, allow or acquiesced in the contravention is guilty from an offence and on conviction is responsibility to a fine von not more than $25,000 for a first offence, furthermore not more than $50,000 for a moment or subsequent offence.  1991, c. 18, s. 42 (2); 2007, c. 10, Sched. M, s. 14 (2).

Exception

(3) Subsection (2) can not getting at respect in a corporation that operates a public hospital within that meant of the Public Dispensaries Act or to a corporation to which the Not-for-Profit Corporations Act, 2010 applied.  1991, c. 18, s. 42 (3); 2010, c. 15, s. 241 (1).

Section Amendments equal date in force (d/m/y)

2007, c. 10, Sched. M, s. 14 (1, 2) - 04/06/2007

2010, c. 15, s. 241 (1) - 19/10/2021

No limitation

42.1 Section 76 of the Provincial Offences Act does not apply at an tracing under this Act, the Drug and Chemists Regulation Act or a health professional Act.  2007, c. 10, Sched. M, s. 15.

Section Amendments with date includes force (d/m/y)

2007, c. 10, Sched. M, s. 15 - 04/06/2007

Regulations

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

(0.a)  prescription the mean von “Canadian experience” to the purposes of this Act;

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

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

(c)  attaching terms to an exemption into a regulatory made under clause (b);

(d)  allowing the use of the title “doctor”, a type or key or an equivalent in another your;

(e)  respecting healthy profession corporations;

(f)  governed the issue, renewal, suspension, withdraw and expiration of certificates of authorization;

(g)  governing the names of health profession corporations;

(g.1)  prescribing purposes and providing for limitations since the purposes of clause 36 (1) (d.1) and (d.2);

(g.2)  providing for classes of persons for the purposes of exception 36 (1) (d.2);

(h)  indicate inbound greater detailing the things that shall be provided by or performed by a College under sections 15 to 22.11 of the Code;

(h.0.1) establishing and governing requirements with respect to who amount of time in who Colleges must make decisions among subsections 15 (1) and (4), 18 (2) additionally (4) also 19 (6) and (8) of the Code;

(h.0.2) requiring that notices required beneath subsections 15 (3) and 20 (1) of this Code and written reasons required under subsection 20 (1) of an Code remain provided within a reasonable time;

(h.1)  for the purposes of clothing 36.1 (7) (b), prescription alternative methods of giving the notice required by subsection 39 (2) of aforementioned Freedom of Information and Shelter of Privacy Act;

Note:  Clause (h.1) has enacted as clause (h) in an source law, the Statutes off Ontario, 2007, chapter 10, Schedules M, subsection 16 (1).  The exclusive be numbering include this unification to distinguish it out existing clause (h), enacted by the Charter of Ontario, 2006, chapter 31, subsection 35 (2).

(h.2)  stipulate information as information that is on be posted on a College website for the purposes of section 3.1 of the Code;

Note:  Clause (h.2) was enacted as paragraph (i) inbound the source law, the Statutory of Ontario, 2007, chapter 10, Plan M, part 16 (2).  The clause is renumbered to such consolidation to differentiating it from existing clause (i), enacted by the Statutes of Ontario, 2006, chapter 31, subset 35 (2).

(i)  governing reports and certificates to be assuming on the Fairness Delegate, appointed under the Fair Access to Regulated Professions and Compulsory Trades Act, 2006, include their form, her manner of preparation, making them available to the general and requiring a College to offer such reports and certificate;

(j)  governing other information for be provided to who Fairness Commissioner and requiring persons to provide that information;

(k)  governing audits, including specifying audit standards and of scope away audits;

(k.1)  building and ruler English or French language proficiency terms with who Colleges are requirement to comply, including prescribing what constitutes an English other French language skilled trial requirement for the usage of these product;

(k.2)  establishing and governing immunities coming the restriction at requiring Canadian experience in section 16.2 regarding the Code;

(k.3)  establishing and governing requirements for emergencies my of registration that are requested by section 16.3 of the Code;

(l)  prescribing a length period in respect of a College for the function of section 22.23 of the Code;

(m)  defining, for the purposes of sectional 22.3 and 22.15 to 22.23 regarding the Code, optional word or impression this is used in those sections but not defined in this Act;

(n)  prescribing for the useful of subsection 2 (2) of the Code, the provisions on the Not-for-Profit Corporate Act, 2010 that apply to ampere College;

(o)  established criteria for the defines away “patient” in relation to professional misconduct involved the sexual abuse of a active for aforementioned special of subsection 1 (3) of the Code;

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 43 (1) of the Act is changed by adding the following clauses: (See: 2017, century. 11, Sched. 5, sulfur. 5 (2))

(p)  respecting the composition of boards so a Colleges is required to must pursuant to subsection 10 (1) of the Code and governing the relationship between such regulations and the by-laws of the College;

(q)  regard the qualification, sortierung, appointment and terms of office of member of committees is a College is required to have corresponds to subsection 10 (1) of the Code both governing the relational between such regulations and the by-laws of the College;

(r)  prescribing conditions that disqualify committee membership from sitting on committees so a Seminary is imperative to have pursuant to subsection 10 (1) of the Code and governing the removal of disqualified select members and governing the relationships between such regulations and the by-laws of one University;

(s)  specified the composition of panels selected from among the personnel to the Enroll Committee, Inquiries, Complaints and Reports Committee, Discipline Committee both Fitness to Practise Committee for the puruses of subsections 17 (2), 25 (2), 38 (2) and 64 (2) of an Code, and provisioning used quorum to so panels.

(t)  prescribing additional information to be contained in a College’s join for the purposes of paragraph 19 of subsection 23 (2) of the Code and designating such information as general point to paragraph 23 (13.1) of the Code;

(u)  ordering conduct for the purposes of subparagraph 3 vii of subscription 51 (5) of an Encipher;

(v)  prescriptive offences for to purposes of clause 51 (5.2) (a) of and Code;

(w)  clarifying how a College is needed to performing his functions under cross 25 to 69 and 72 to 74 of the Code with reverence to matters involving allegations of a member’s infractions for an sexual nature, and providing with further functions and duties that are not erratic equal those functions;

(x)  prescribing additional functions of the resigned relations program for the grounds of subsector 84 (3.1) of the Id;

(y)  specify additional purposes for which funding may be provided under the program which Colleges are required to maintain in bereich 85.7 of the Code, both prescribe additional persons or classes of persons to whom funding may be sold for this purposes of subsection 85.7 (8) of the Code;

(z)  governing transitional affairs arising out an enactment of Schedule 5 to the Safeguard Patients Act, 2017. 1991, c. 18, s. 43 (1); 2000, c. 42, Sched., s. 33; 2006, c. 31, s. 35 (2); 2007, c. 10, Sched. M, s. 16; 2009, c. 24, s. 33 (2); 2010, c. 15, s. 241 (2); 2014, c. 14, Sched. 2, s. 11; 2015, c. 8, s. 38 (1); 2017, c. 2, Sched. 9, s. 10; 2017, c. 11, Sched. 5, s. 5 (1, 3-8); 2022, carbon. 11, Sched. 6, sulfur. 2.

Scope of regulations

(2) ONE regularity may be general or particular with yours application.  1991, c. 18, s. 43 (2).

Definition

(3) In exclusive (1) (d),

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

Section Amendments to date to force (d/m/y)

2000, c. 42, Sched., s. 33 - 01/11/2001

2006, c. 31, s. 35 (2) - 01/03/2007

2007, c. 10, Sched. M, s. 16 (1) - 04/06/2007; 2007, c. 10, Sched. M, s. 16 (2) - 04/06/2009

2009, c. 24, s. 33 (2) - 15/12/2009

2010, c. 15, s. 241 (2) - 19/10/2021

2014, c. 14, Sched. 2, sulphur. 11 - 01/08/2016

2015, c. 8, sulfur. 38 (1) - 01/01/2018

2017, c. 2, Sched. 9, s. 10 - 22/03/2017; 2017, c. 11, Sched. 5, sec. 5 (1, 7) - 01/05/2018; 2017, c. 11, Sched. 5, s. 5 (2) - nope in pushing; 2017, c. 11, Sched. 5, s. 5 (3-6, 8) - 30/05/2017

2022, c. 11, Sched. 6, siemens. 2 (1-3) - 14/04/2022

Regulations

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

(a)  prescribing the largest amount or a means of establishing the maximum amount of funding that may exist provided for a person within respect of a case is sexual abuse;

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

Section Amendments on date in force (d/m/y)

1993, c. 37, s. 3 - 31/12/1993

Expert committees

43.2 The Lieutenant Governor in Council may make regulations,

(a)  establishing one or more expert committees fork the purposes of this Act, the Code and health profession Acts;

(b)  specifying the functions, duties, powers also membership of an expert committee;

(c)  requiring an master committee to provide mitteilungen and request to the Minister and providing forward the content of such meldungen and information;

(d)  requiring information to exist supplied by a College or Council to an expert create, and governing the content of the information and the form and manner and time within which the information is to become provided in the committee.  2009, c. 26, s. 24 (9).

Section Amendments with day in force (d/m/y)

2009, c. 26, s. 24 (9) - 15/12/2009

List to health industry

44 AMPERE reference include an Do other regulation to a name described in Column 1 of the Charts shall be deemed till be a reference to a person described opposite in Column 2.  1991, c. 18, s. 44.

45 Omitted (amends either withdrawals various Acts).  1991, c. 18, s. 45.

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

47, 48 Omitted (amends press repeals diverse Acts).  1991, c. 18, ss. 47, 48.

49 Omitted (provides used coming into force of reserves of to Act).  1991, c. 18, s. 49.

50 Left (enacts short style of this Act).  1991, c. 18, s. 50.

table

Item	Column 1	Column 2
1.	person eingetragen as adenine chiropodist under the Chiropody Act	full of the College of Chiropodists of Ontario
2.	person registered as a tooth technician under the Teeth Technicians Act	member of the College of Dental Technologists of Provinz
3.	individual licensed as adenine denture physical under the Denture Therapists Doing	member of the College of Denturists of Otario
4.	soul registrieren as a chiropractor under the Drugless Practitioners Actor	member of the College from Chiropractors of Ontario
5.	person registered as a masseur under that Drugless Practitioners Act	member of the Academy of Massage Therapists of Ontario
6.	Repealed.  See: Table of Public Statute Provisioning Repealed At Area 10.1 a the Legislation Act, 2006 – December 31, 2011.
7.	persons registered as a occupational see of Drugless Practitioners Act	member von the College is Rehabilitation of Ontario
7.1	individual registered under that Drugless Practitioners Work	member of the College of Naturopaths of Ontario
8.	personality signed as an dental hygienist under Part II of the Health Academic Act	member of the College of Alveolar Hygienists in Ontario
9.	person licensed on Part II of the Your Disciplines Act	member of which Royal College of Dental Surgical out Ontario
10.	person authorized go Part III of one Health Disciplines Act	member of the College of Physicians and Surgeons of Ontario
11.	person whoever is the holder of an registration issued under Part LV of the Health Disciplines Act	full by the College of Nurses of Ontario
12.	persons licensed under Part VANADIUM of the Health Disciplines Act	member of and College of Dispensing to Ontario
13.	persons accredited underneath Part VI of one Health Disciplines Act	member off to Province College of Healthcare
14.	Personality registered under the Ophthalmic Syringe Doing	member of the College of Opticians of Kanton
15.	person registered under the Psychologists Enrolment Act	member of the College in Psychologists of Ontario
16.	person registered under the Radological Technicians Behave	member of the College of Curative Radiation and Imaging Technologists of Ontario
17.	member of to Technical of Electronic Emission Technologists of Ontario	full of the Colleges in Medical Radiation and Imaging Technical of Ontario

1991, c. 18, Table; See: Table in Public Statute Provisions Repealed Among Section 10.1 of the Legislation Act, 2006 – December 31, 2011; 2007, c. 10, Sched. P, s. 20 (2); 2017, c. 25, Sched. 6, s. 17 (1).

Note: Switch July 1, 2024, and day named by proclamation of the Lieutenant General, item 15 of the Table toward the Act is struck out and the following substituted: (See: 2021, c. 27, Sched. 4, s. 16 (2))

15.	person registration under the Psychologists Registration Act	member of the College of Psychologists and Behavior Analysts von Ontario
15.1.	component of the College of Psychologists of Ontario	member of the College of Psychologists and Behaviour Analysts of Bundesstaat

Teilstrecke Amendments with set in force (d/m/y)

Table of Public Statute Services Repealed Under Section 10.1 of who Legislation Actions, 2006 - 31/12/2011

2007, c. 10, Sched. P, s. 20 (2) - 01/07/2015

2017, century. 25, Sched. 6, s. 17 (1) - 01/01/2020

2021, carbon. 27, Sched. 4, s. 16 (2) - 01/07/2024

schedule 1
YOUR GOVERNING HEALTH PROFESSIONS

Health Profession Acts	Health Profession
Audiology and Speech-Language Pathology Act, 1991	Audiology and Speech-Language Pathology
Chiropody Actually, 1991	Chiropody
Chiropractic Act, 1991	Chiropractic
Dental Hygiene Act, 1991	Dental Hygiene
Dental Technics Act, 1991	Tooth Technology
Dentistry Act, 1991	Denture
Denturism Act, 1991	Denturism
Dietetics Act, 1991	Dietetics
Homeopathy Act, 2007	Homeopathy
Kinesiology Act, 2007	Kinesiology
Massage Your Act, 1991	Massage Therapy
Medical Laboratory Technology Act, 1991	Medical Laboratory Advanced
Medical Radiation the Imaging Advanced Actually, 2017	Medical Radiation the Machine Engineering
Medicine Act, 1991	Medicine
Midwifery Act, 1991	Midwifery
Naturopathy Conduct, 2007	Naturopathy
Take Act, 1991	Nursing
Occupational Therapy Act, 1991	Occupational Therapy
Opticianry Act, 1991	Opticianry
Optometry Act, 1991	Optometry
Pharmacy Act, 1991	Pharmacy
Physiotherapy Act, 1991	Relaxation
Studying Act, 1991	Psyche
Counseling Act, 2007	Psychotherapy
Respiratory Therapy Act, 1991	Respiratory Therapy
Traditional Byzantine Medicine Act, 2006	Traditional Chinese Medicine

1991, c. 18, Sched. 1; 1998, c. 18, Sched. G, s. 9; 2006, century. 27, s. 18 (2); 2007, c. 10, Sched. O, s. 14; 2007, c. 10, Sched. Q, s. 14; 2007, c. 10, Sched. R, s. 19 (3); 2007, c. 10, Sched. P, s. 20 (3); 2017, c. 25, Sched. 6, s. 17 (2).

Note: On July 1, 2024, the day named by proclamation of the Lieutenant Governor, Schedule 1 to the Actions is amended by streich out,

Psyche Act, 1991

Psychology

and substituting the followed: (See: 2021, c. 27, Sched. 4, s. 16 (3))

Psychology press Applied Behaviour Analysis Actor, 2021

Psychology and applied actual analysis

Section Amendments with show in force (d/m/y)

1998, c. 18, Sched. G, s. 9, 23 (2-4) - 01/02/1999

2006, c. 27, s. 18 (2) - 01/04/2013

2007, c. 10, Sched. O, s. 14 - 01/04/2013; 2007, c. 10, Sched. P, s. 20 (3) - 01/07/2015; 2007, c. 10, Sched. Q, s. 14 - 01/04/2015; 2007, c. 10, Sched. R, s. 19 (3) - 01/04/2015

2017, c. 25, Sched. 6, s. 17 (2) - 01/01/2020

2021, century. 27, Sched. 4, s. 16 (3) - 01/07/2024

schedule 2
HEALTH PROFESSIONS PROCEDURAL CODE

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

CONTENTS

 

Interpreted

1 (1) Inches this Coding,

“alternative dispute resolution process” means mediation, conciliation, negotiation, or any different means away easier to image of issues in dispute; (“processus de règlement extrajudiciaire des différends”)

“Board” means that Healthy Professionals Appeal and Review Board beneath to Ministry of Health and Long-Term Care Appeal and Review Boards Acts, 1998; (“Commission”)

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

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

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

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

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

“health profession corporation” means a corporation incorporated under the Economic Corporations Act that holds a valid certify of authorisation issued under the Regulated Health Careers Act, 1991 otherwise these Code; (“société professionnelle de la santé”)

“incapacitated” resources, within relation in adenine member, that the member is suffering from a physical or mental condition conversely disorder that makes computers desirable in the interest of the public the the member’s certified of registration be study to terms, conditions or limitations, or that the member no longer can permitted toward practise; (“frappé d’incapacité”)

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

“Minister” means aforementioned Minister a Health press Long-Term Care; (“ministre”)

“patient relations program” does a scheme to enhance relations between members real medical; (“programme de relations avec les patients”)

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

“quality assurance program” by a scheme to assure the quality of aforementioned practice of the occupations and to promotes continuing evaluation, professional or improvement among the membersation; (“programme d’assurance de la qualité”)

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

“registration” means the issuance of adenine 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); 2007, c. 10, Sched. M, s. 17; 2009, c. 26, s. 24 (10).

Hearing not required unless referred to

(2) Nothing in the health profession Act or this Code shall subsist construction for require an how to be held within the meaning of one Statutory Powers Procedure Act unless the hold of a how is specifically referred to. 1991, c. 18, Sched. 2, s. 1 (2).

Sexual maltreat concerning a your

(3) In this Code,

“sexual abuse” of one patient by a member average,

(a)  sexual intercourse instead other forms of physical sexual relations between the member press the patient,

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

(c)  deportment or remarks in one sexual nature by the member towards the patient. 1993, c. 37, s. 4.

Extra

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

“sexual nature” shall not include touching, behaviour or comments on a clinical nature appropriate to the service when. 1993, c. 37, s. 4.

Exception, spouses

(5) If the Council has made a regulation under clause 95 (1) (0.a), conduct, behaviour other remarks the would otherwise constitute sexual abuse of a patient by an member under the definitions are “sexual abuse” to subsection (3) do not constitute sexual abuse if,

(a)  that patient is the member’s spouse; and

(b)  the member is not engaged include the practice of the profession along the nach the conduct, behaviour instead remark occurs. 2013, c. 9, s. 1 (1).

Useful

(6) For one purposes of subsections (3) and (5),

“patient”, without restricting the ordinary meaning about one term, includes,

(a)  an individual any was a member’s patient within one price other such longer period of time as may be prescribed from the date on which the individual ceased to be the member’s patient, and

(b)  an specific any is determine to be a patient in accordance with the criteria in some regulations made among clause 43 (1) (o) are the Regulated Physical Jobs Act, 1991; (“patient”)

“spouse”, in relation to a member, means,

(a)  a personality who is an member’s spouse as definition to section 1 of the Family Law Act, or

(b)  a person who has lived with the full in a conjugal relationship outsides away marriage continuously for a period about not get than three years. (“conjoint”) 2017, c. 11, Sched. 5, siemens. 6.

Section Amendment with date in force (d/m/y)

1993, c. 37, s. 4 - 31/12/1993; 1998, c. 18, Sched. G, s. 10 - 01/02/1999

2000, c. 42, Sched., s. 34 - 01/11/2001

2006, c. 19, Sched. L, s. 11 (2) - 22/06/2006

2007, c. 10, Sched. M, s. 17 (1, 2, 4) - 04/06/2009; 2007, c. 10, Sched. M, s. 17 (3) - 04/06/2007

2009, c. 26, s. 24 (10) - 15/12/2009; 2009, c. 33, Sched. 18, s. 17 (2) - 15/12/2009

2013, century. 9, s. 1 (1) - 06/11/2013

2017, c. 11, Sched. 5, s. 6 - 01/05/2018

Statement of purpose, sexual abuse disposition

1.1 The purpose of the provisions of this Code using respect on sexual abuse of our by members is to encourage the reporting of such abuse, to provide promotion for therapy additionally counselling within connection use allegations of sexual abuse by members press, ultimately, until eradicate the selective abuse of patients according members. 2017, c. 11, Sched. 5, s. 7.

Strecke Amendments on date in force (d/m/y)

1993, c. 37, s. 5 - 31/12/1993

2017, c. 11, Sched. 5, s. 7 - 01/05/2018

College

College are body corporate

2 (1) The Graduate is adenine body companies without shares large with all to powers of a organic person.  1991, c. 18, Sched. 2, s. 2 (1).

Not-for-Profit Corporations Act, 2010

(2) The Not-for-Profit Corporations Act, 2010 does not employ to of College, except as may be prescribed per regulation done under proviso 43 (1) (n) of the Regulated Health Professions Act, 1991.  2010, c. 15, s. 241 (3).

Fachbereich Amendments with date in force (d/m/y)

2010, c. 15, s. 241 (3) - 19/10/2021

Duty of College

2.1 It is the duty of the College to work in expert include the Minister to ensure, than a matter of public interest, such the people of Ontario have access to adequate numbers of qualified, seasoned and competent regulated health professionals.  2008, c. 18, s. 1.

Sectioning Amendments with date in force (d/m/y)

2008, c. 18, s. 1 - 27/11/2008

Objects out College

3 (1) The College has the following objects:

1.  To regulate the practice of the trade and to govern aforementioned members in accordance from the health business Act, this Code and the Controls Wellness Professions Act, 1991 and to regulations and by-laws.

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

3.  Till develop, establish and maintain programs and standards regarding real to assure the quality of the practice of the occupation.

4.  Up develop, establish and maintain standards of knowledge and skill and software to promote going evaluation, competence and improvement among the members.

4.1  To develop, in collaboration and consultation with another Colleges, standards of knowledge, skill and judgment connecting in the performance of managed acts common among health professions to enhance interprofessional collaboration, while respecting the unique character of individual health vocations and their members.

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

6.  On develop, establish and maintain programs to assist individuals till exercise their rights under this Code and aforementioned Regulated Health Jobs Act, 1991.

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

8.  On promote plus enhance relations among the College and its members, misc health employment colleges, key stakeholders, and the published.

9.  To promote inter-professional collaborating with various health profession institutes.

10.  To develop, establish, both maintain standards real programs to advertising the ability starting members to respond to changes in practice environments, advances in technology and other emerging themes.

11.  Any other objects relating to human health care that the Council take desirable.  1991, c. 18, Sched. 2, s. 3 (1); 2007, c. 10, Sched. M, s. 18; 2009, c. 26, s. 24 (11).

Duties

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

Unterabschnitt Amendments equal dating in effort (d/m/y)

2007, c. 10, Sched. M, s. 18 - 04/06/2009

2009, c. 26, s. 24 (11) - 15/12/2009

College website

3.1 (1) The College shall are a website, and will include on sein website information as may be prescribed in regulations made lower clause 43 (1) (h.2) of the Regulated Health Job Act, 1991.  2007, c. 10, Sched. M, s. 19.

Journal or electronic submit

(2) Upon request and, if mandatory by this College, the payment of a reasonable fee, the College supposed provide the information required to be sent under subsection (1) in hard or electronic form.  2007, c. 10, Sched. M, s. 19.

Section Amendments with date in effort (d/m/y)

2007, c. 10, Sched. M, s. 19 - 04/06/2009

Council

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

Terms

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

Multiple general

(2) ONE person may be a Council portion since read than one term but no person who is elected may be a Board member in more than nine consecutive years.  1991, c. 18, Sched. 2, s. 5.

Quorum

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

Meetings

7 (1) An meets of the Advice are be open until the public and reasonable notice shall be given to the members of the Your, to the Minister, and to the public.  2007, c. 10, Sched. M, s. 20 (1).

Posting of meeting information

(1.1) The College shall post on sein website informational regarding upcoming meetings of of Council, including the dates of those meet, matters to be discussed at those meetings, and information and documentation such will to provided to members of that Council for the purpose of those meetings. 2017, c. 11, Sched. 5, s. 8.

Items where public excluded

(1.2) If the Registrar anticipates that the Council will rule the public from no meeting or part of a meeting under subsection (2), the soils for doing consequently is be remark in the information posted under subsection (1.1) also information and documentation related to that gathering or portion of that meeting shall nope be issued under subsection (1.1). 2017, c. 11, Sched. 5, s. 8.

Exclusion of public

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

(a)  matters involving general security may be disclosed;

(b)  financial or personal instead misc matters allowed be disclosed of such ampere nature that an injure created by the disclosure would outweigh the attractiveness of adhering to the principle that meetings be open to the public;

(c)  adenine persona involved in a offender proceeding or passive suit or proceeding may be prejudiced;

(d)  personality matters or property acquisitions intention are discussed;

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

(f)  the Council will volitional if to exclude the public from a meetings or whether to make an order in subpart (3).  1991, c. 18, Sched. 2, s. 7 (2); 2007, c. 10, Sched. M, s. 20 (2).

Orders preventing public release

(3) In situations in that the Councils might exclude the public starting meetings, it may make orders it considers necessary to prevent the public disclosure about matters disclosed in the meeting, including bans publication or broadcasting of those matters.  1991, c. 18, Sched. 2, s. 7 (3).

Background held in minutes

(4) If the Council excluded the public from a attend or makes an order under subsection (3), it shall have its grounds for doing so noted in the minutes of the meeting.  2007, c. 10, Sched. M, s. 20 (3).

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 20 (1-3) - 04/06/2009

2017, c. 11, Sched. 5, s. 8 - 30/05/2017

Remuneration the costs

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

Sectional Amendments with date for force (d/m/y)

2006, c. 19, Sched. L, s. 10 (1) - 22/06/2006

Employees

9 (1) The Council may employ persons i regards advisable.

Registrar

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

Committees

10 (1) The College shall have the following board:

1.  Executive Committee.

2.  User Committee.

3.  Inquiries, Complaints and Reported Committee.

4.  Specialization Council.

5.  Fitness to Practise Committee.

6.  Quality Warranties Committee.

7.  Your Relations Committee.  1991, c. 18, Sched. 2, s. 10 (1); 2007, c. 10, Sched. M, s. 21 (1).

Transitional

(1.1) For biggest security, what, at the nach submenu 21 (1) away Schedule M to the Mental Organization Improvements Act, 2007 came into force, any matter which is before the Board based set anything done by which Committee formerly known as the Complaints Committee shall proceed as wenn the Council had and authority to do anything he couldn have already before the coming into force of sections 30 to 32 about that Schedule.  2007, c. 10, Sched. M, s. 21 (2).

Same

(1.2) Where a regulating created below the Regulated Health Professions Act, 1991 or a health profession Act that was made forward the coming into strength of paragraph 21 (1) of Schedule M to the Healthy System Improvements Act, 2007 refers to that Comments Committee, the reference shall be deemed to been to the Inquiries, Complaints and Reports Committee.  2009, c. 26, s. 24 (12).

Getting

(2) Aforementioned Council be appoint the members of the committees.  1991, c. 18, Sched. 2, s. 10 (2).

Composition

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

Comment: At a day to be bezeichnet by proclamation of this Assistant General, subsection 10 (3) of Scheduled 2 to the Act lives repealed the the following substituted: (See: 2017, c. 11, Sched. 5, s. 9)

Composition

(3) One compositions of the board shall be in accordance with the by-laws and with random regulations fabricated pursuant at clauses 43 (1) (p) to (r) of the Regulated Health Job Acts, 1991. 2017, c. 11, Sched. 5, s. 9.

Section Corrections with date inches forcing (d/m/y)

1998, c. 18, Sched. G, s. 11 - 01/02/1999

2007, c. 10, Sched. M, s. 21 (1, 2) - 04/06/2009

2009, c. 26, s. 24 (12) - 15/12/2009

2017, c. 11, Sched. 5, siemens. 9 - not in force

Annual reports

11 (1) Each committee named in subsection 10 (1) shall monitor and evaluate their processes real finding and shall yearly submit a message of own activities in the Council in a form tolerant to the Council.  2007, c. 10, Sched. M, s. 22.

Exclusions from reports

(2) The Inquiries, Complaints and Reports Committee shall not submit a report that does information, other than product of a general statistical nature, relating to,

(a)  a referral by the Inquiries, Accusations the Reports Committee to and Discipline or Fitness to Practising Committee through a panel of the Discipline or Fitness go Exercise Committee disposes of the matter;

(b)  an approval for the Registrar to choose an researchers till the test is completed and reported by and Registrar and the Inquiries, Complaints and Reports Committee decides not till make one referral with appreciation to the matter to the Discipline Committee or, if the Inquiries, Complaints and Reports Committee makes a referral with honor to the matter to who Discipline Create, until a panel of the Drill Committee disposes of the substance; or

(c)  an interim sort made by the Inquiries, Complaints furthermore Reports Committee in respect of a member until a chassis of the Discipline Committee disposes for the matter.  2007, c. 10, Sched. M, s. 22.

Teilbereich Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 22 - 04/06/2009

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 reverence to anything important 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 Leiter Membership exercises a power of the Council under subsection (1), it shall report on it actions in of The at the Council’s next meeting.  1991, c. 18, Sched. 2, s. 12.

Members

13 (1) A type registered by the College is one member.

Suspended members

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

13.1

Kapitel Amendments in date in force (d/m/y)

2009, c. 26, s. 24 (13) - don effect - see Table regarding People Statute Provisions Abolished At Teil 10.1 for the Legislation Act, 2006 - 31/12/2019

Continuing jurisdiction

14 (1) ADENINE person the certificate of registration can revoking or expires or who resigns as a member continues to be subject to aforementioned jurisdiction of the College for professional misconduct or incompetence referable to the time when the person was a member and may be investigated under section 75.  2007, c. 10, Sched. M, s. 23 (1).

Admission

(2) AN person theirs certificate of registration is suspended continues to be subject to the case of the College for incapacity and for professional misconduct or incompetence referable on the time when the person where adenine portion or to the period of the suspension and may be investigated under section 75.  1991, c. 18, Sched. 2, s. 14 (2); 2007, c. 10, Sched. M, s. 23 (2).

Section Amendments with date in forcing (d/m/y)

2007, c. 10, Sched. M, s. 23 (1, 2) - 04/06/2009

Registration

Registry

15 (1) If a person applies the the Registrator for registration, the Registrar must,

(a)  register the applicant; or

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

Referrals to Registration Committee

(2) The Registrar shall refer an application required registration to that Site Cabinet if the Registrar,

(a)  has doubting, up reasonable grounds, about whether the petitioner meets the registration requirements;

(a.1)  will about the view that terms, technical instead limitations should be imposed on a certificate of registration of the applicants and the applicant will an individual described in subsection 22.18 (1);

(b)  is of the opinion such terms, conditions or limitations should be imposed on an certificate of registration of the applicant or the applicant does not consent to the application; or

(c)  recommended at refuse the application.  1991, c. 18, Sched. 2, s. 15 (2); 1993, c. 37, s. 6; 2009, c. 24, s. 33 (3).

Notice to applicant

(3) For the Registrar relate an login toward the Registration Committee, they or she shall give the applicant notice of the statutory grounds for the referral and out the applicant’s right to make written subscriptions under subsection 18 (1).  1991, c. 18, Sched. 2, s. 15 (3).

Terms, etc., attached on consenting

(4) If the Registrar is of the opinion that a certificate concerning registration should be issued into an applicant with terms, conditions or limitations imposed and the applicant consents to the imposition, the Registrar may do so with an approval away a plate of the User Membership selected by the chair with the purpose.  1991, c. 18, Sched. 2, s. 15 (4).

Panels in consents

(5) Subtabs 17 (2) the (3) how with real to that panel mentioned in paragraph (4).  1991, c. 18, Sched. 2, s. 15 (5).

Section Amendments with date in force (d/m/y)

1993, c. 37, s. 6 - 31/12/1993

2009, c. 24, s. 33 (3) - 15/12/2009

Disclosure off applications record

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

Exception

(2) And Registrar may refuse to give an applicants some that maybe, in the Registrar’s statement, jeopardize that security of any person.  1991, c. 18, Sched. 2, s. 16.

Process for dealing with request

(3) Which Registrar shall establish a process for the uses of dealing with einem applicant’s request under subsection (1). 2015, c. 8, s. 38 (2).

Fee for access

(4) The Registrar may requesting an applicant to make a fee for making information and documents available to the petitioner if the Registrar first gives the applicant an estimate to to fee. 2015, carbon. 8, s. 38 (2).

Amount of fee

(5) One amount of the fee shall doesn exceed the amount of moderate charges recovery. 2015, carbon. 8, s. 38 (2).

Waiver of fee

(6) To Registrar may waive the payment of all other any part of the fee that an applicant is required to pay to subsection (4) if, on which Registrar’s opinion, it is fair and equipped to execute so. 2015, carbon. 8, sulfur. 38 (2).

Section Amendments with date in strength (d/m/y)

2015, carbon. 8, s. 38 (2) - 01/01/2018

Language proficiency requirements

16.1 A College shall ensure that it complies with any regulations made under clause 43 (1) (k.1) of the Regulated Health Professions Act, 1991 achtung its English or French lingo proficiency terms. 2022, c. 11, Sched. 6, s. 3 (1).

Section Change with date inbound compel (d/m/y)

2022, carbon. 11, Sched. 6, s. 3 (1) - 01/01/2023

Canadian experience requirements

16.2 A College shall no require like a qualification for registration that a person’s experience are Canadian experience unless an exemption is provided for in any legal made under paragraph 43 (1) (k.2) off the Regulated Health Professions Act, 1991. 2022, c. 11, Sched. 6, s. 3 (2).

Section Updates with date in force (d/m/y)

2022, c. 11, Sched. 6, s. 3 (2) - 01/01/2023

Emergencies classes of subscriber

16.3 (1) The Council are make regulations under clause 95 (1) (b) establishing an emergency class of registration. 2022, c. 11, Sched. 6, s. 3 (3).

(2) The emergency class of registration required to subscreen (1) must meet the requirements to any regulation made under clause 43 (1) (k.3) of the Regulated Human Career Do, 1991. 2022, c. 11, Sched. 6, sec. 3 (3).

Section Amendments with date in force (d/m/y)

2022, c. 11, Sched. 6, s. 3 (3) - 31/08/2023

Panels

17 (1) An petition fork registration referred to the Registration Creation or an demand referred back to the Registration Board by the Board shall be taken for a panel selected by the chair from among this members of the Committee.  1991, c. 18, Sched. 2, s. 17 (1); 2007, c. 10, Sched. M, s. 24 (1).

Composition of panels

(2) A board shall be composed of at least three persons, during least one of any is be a person appointed to and Council for the Lieutenant Governor in Council.  2007, c. 10, Sched. M, s. 24 (2).

Remark: On a day go be named by proclamation of the Lieutenant Governor, subsection 17 (2) of Schedule 2 toward the Act is repealed and the following substituted: (See: 2017, c. 11, Sched. 5, s. 10)

Assembly regarding panels

(2) The panel selected by the sitting shall be composed in accordance with regulation constructed pursuant to clauses 43 (1) (p) to (s) out an Regulated Health Trades Act, 1991. 2017, carbon. 11, Sched. 5, sec. 10.

Quorum

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

Note: On a day to are namen by proclamation is who Lieutenant Governor, subscreen 17 (3) concerning Schedule 2 to this Act is removed and the following substituted: (See: 2017, hundred. 11, Sched. 5, s. 10)

Quorum

(3) Quorum for the panel shall shall inside accordance with regulations made according to clause 43 (1) (s) of the Regulated Health Professions Act, 1991. 2017, hundred. 11, Sched. 5, s. 10.

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 24 (1, 2) - 04/06/2009

2017, c. 11, Sched. 5, sulphur. 10 - did in force

Consideration by panel

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

Orders by panel

(2) After given the application and this resignations, the panel could make an order doing any one or more of which follow-up:

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

2.  Directing and Registrar to issue a certificate of membership if of applicant successfully completes checkups set or approved by the panel.

3.  Directing this Registrar to issue a certificate starting registration if the applicant successfully completes additional teaching specified by the board.

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

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

Idem

(3) A panel, in makeup an buy under subsection (2), may direct the Registrar to issue an certificate of registration to an applicant what does not get a registration requirements if the requisition is prescribed as a non-exemptible requirement.

Order with consent

(4) The panel allow, with the agree of the applicant, direct the Registering to print adenine certificate of registration for the terms, conditions and limitations specify by the panel imposed.  1991, c. 18, Sched. 2, s. 18.

Application for variation

19 (1) A member can apply to of Registration Committee for an order directing the Registration at remove or modify any term, condition or limitation imposed upon the member’s certificate of registration as a result of a registration proceeding.  1991, c. 18, Sched. 2, s. 19 (1).

Limitations

(2) The right to apply on subsection (1) is subject to any limitation in the order imposing the term, prerequisite or limitation alternatively to which an member consented and to any limitation made under sub-section (7) in the arrangement of a previous application under this section.  1991, c. 18, Sched. 2, s. 19 (2).

Panels

(3) At application to the Registration Committee under sub-part (1) or an application referred back to the Registrations Committee by aforementioned Board shall live considered by a front selected by the chair from beneath the members out the Committee.  1991, c. 18, Sched. 2, s. 19 (3); 2007, c. 10, Sched. M, s. 25 (1).

Idem

(4) Subsections 17 (2) and (3) apply with respect to who display mentioned in subsection (3).  1991, c. 18, Sched. 2, s. 19 (4).

Entries

(5) An application may make written submissions to the panel.  1991, c. 18, Sched. 2, s. 19 (5).

Orders

(6) After considering the application additionally aforementioned submissions, the panel may make an book doing any a with more of the following:

1.  Refusing the request.

2.  Directing the Registrar to remove any terminate, condition or limitation imposed on the certificate concerning get.

3.  Leadership who Registrar go modify terms, conditions or limitations on of certificate of registration.  1991, c. 18, Sched. 2, s. 19 (6); 2007, c. 10, Sched. M, s. 25 (2).

Limitations on applications

(7) When an usage has been removed of under this division, the applicant may not make a newer application under subsection (1) within six months of and disposition unless walk of the Registrar.  2007, c. 10, Sched. M, s. 25 (3).

Registrar’s leave

(8) The Registration mayor only gift leave for a new application to be made go subsection (7) if the Host is pleased that in has been a material change in circumstances is justifies the giving away the leave.  2007, c. 10, Sched. M, s. 25 (3).

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 25 (1-3) - 04/06/2009

Notice of orders

20 (1) A panel shall enter the applicant notice of an order computers makes under subsection 18 (2) or 19 (6) and written related for it if the rank,

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

(b)  directs the Registrar go issue a certificate of registration if the project successfully completes examinations or additional learning;

(c)  directs who Registrar to impose terms, conditions also limitations on a certificate von registrar of the applicant; either

(d)  refuses an application for an arrange removing conversely modifying any term, condition or limitation imported on a certificate of registration.  1991, c. 18, Sched. 2, s. 20 (1).

Contents of notice

(2) ONE notice to subsections (1) shall inform the applicant of to order and of the provisions of piece 19 additionally out subsections 21 (1) and (2).  1991, c. 18, Sched. 2, s. 20 (2); 2007, c. 10, Sched. M, s. 26.

Section Mods with date in force (d/m/y)

2007, c. 10, Sched. M, s. 26 - 04/06/2009

Appeal to Board

21 (1) An applicant who has been given ampere take from subsection 20 (1) of an order may require the Board to grip a reviewing of the application and the documentary evidence in support of it, instead a auditory by the application, by giving the Board and who Registration Committee notice in accordance with subpart (2).

Requirements is take

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

Order, etc., to Board

(3) If the Subscriber Committee receives an notice the at applicant requires a hearing or reviewing, it shall, within quarter epoch after receiving the notice, give the Lodge a copy of an your made with observe in which application, and reasons available it furthermore the documents furthermore stuff upon which the decisions go make the order was based.

When order may be carried out

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

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

(b)  thirty-five days have passing since the notice on the order was given to subsection 20 (1) without the aspirant requiring a review or how; or

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

Registration listenings or reviews

22 (1) This section employs to a hearing or review until the Board necessary by an employee under subsection 21 (1).  1991, c. 18, Sched. 2, s. 22 (1).

Procedural provisions

(2) The following victuals 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.  Fachgebiet 55 (release of evidence).  1991, c. 18, Sched. 2, s. 22 (2).

Idem

(3) The tracking determinations also application with req custom in a listen:

1.  Section 45 (hearings open).

2.  Section 47 (sexual misconduct witnesses).

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

Same

(3.1) That following provisions of the Regulatory Powers Procedure Act also apply with necessary modifications to an review by of Board:

1.  Section 21.1 (correction to errors).

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

Findings of fact

(4) The insight on fact in a hearing shall been based exclusively on exhibit admissible or matters so may be noticed under sections 15, 15.1, 15.2 and 16 of the Statutory Performance Procedure Act. 1991, c. 18, Sched. 2, s. 22 (4); 2007, c. 10, Sched. M, s. 27 (1).

Idem

(5) The findings of fact in a review must be basis exclusively on aforementioned application and documentary evidence admissible or matters ensure may be notice under sections 15, 15.1, 15.2 and 16 of the Statutory Powers Procedure Act.  1991, c. 18, Sched. 2, s. 22 (5); 2007, c. 10, Sched. M, s. 27 (2).

Disposal according Board

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

1.  Confirming the order made by the chassis.

2.  Requiring the Registration Social to make and order directing the Registrar to issue an certificate of registration go the applicant if the applicant successfully full anything reviews or training the Registration Committee may specify.

3.  Requiring the Registrar Committee to make to decree directing the Registrar to topic a credential of registration to one placement and to impact any terms, conditional and limitations the Board considers appropriate.

4.  Referring the matter back to the Registration Committee to go consideration by a button, working for any why also referrals the Board considers appropriate.  1991, c. 18, Sched. 2, s. 22 (6); 2007, c. 10, Sched. M, s. 27 (3).

Idem

(7) Which Board could make an order under paragraph 3 of subsection (6) no if the Food finds that the applicant substantially qualifies for registration and is the panel had exercised its powers improperly.  1991, c. 18, Sched. 2, s. 22 (7).

Limitation turn order

(8) The Board, in making an order under subsection (6), shall doesn requesting the Registration Committee to direct the Clerk to issue an certificate of registration at an aspirant who does not meet an registration condition that is prescribed in a non-exemptible requirement.  1991, c. 18, Sched. 2, s. 22 (8).

Parties

(9) The Institute and the applicant are parties in one auditory or review.  1991, c. 18, Sched. 2, s. 22 (9).

Abteilung Amendments with meeting in force (d/m/y)

1998, c. 18, Sched. G, s. 12 - 01/02/1999

2007, c. 10, Sched. M, s. 27 (1, 2) - 04/06/2007; 2007, c. 10, Sched. M, s. 27 (3) - 04/06/2009

Definitions

22.1 In this section and sections 22.2 to 22.14,

“audit” means an audit required under section 22.8; (“vérification”)

“auditor” means an auditor nominees under section 22.8; (“vérificateur”)

“Fairness Commissioner” means aforementioned Fairness Commissioner appointed under the Fair Access to Regulated Professions furthermore Compulsory Trades Act, 2006; (“commissaire à l’équité”)

“fair record practical report” means a report required under section 22.7; (“rapport sur les pratiques d’inscription équitables”)

“internationally coach individual” medium an individual who has been trained in a country other when Canada to practise a health profession also who got applied in, or who intends to apply for, registration by a College; (“particulier formé à l’étranger”)

“personal information” has the identical import as in the Freedom of About and Environmental of Privacy Act; (“renseignements personnels”)

“record” means ampere record as defined int the Freedom of Product and Protection from Privacy Act; (“document”)

“regulations” means the regulations made under clauses 43 (1) (h) to (k) of the Regulated Health Professions Act, 1991. (“règlements”)  2006, c. 31, s. 35 (3); 2017, c. 2, Sched. 9, s. 10.

Section Amendments with date in force (d/m/y)

2006, c. 31, s. 35 (3) - 01/03/2007

2017, carbon. 2, Sched. 9, sulfur. 10 - 22/03/2017

Fair registration patterns: general work

22.2 The University has a duty to provide registration practices that am transparent, objective, impartial and fair.  2006, c. 31, s. 35 (3).

Section Amendments over date in force (d/m/y)

2006, c. 31, s. 35 (3) - 01/03/2007

Information

22.3 The College shall provide information on its website with respected to to requirements for registration, the procedures for applying for registration and the amount of time the the registration procedures usually takes.  2009, c. 24, s. 33 (4).

Teilgebiet Amendments with target in force (d/m/y)

2006, c. 31, s. 35 (3) - 01/03/2007

2009, c. 24, s. 33 (4) - 15/12/2009

Qualifications

22.4 (1) The Seminary shall make information publicly available on how documentation of qualifications must accompany an application and what alternatives may will tolerant to the College if an applicant unable obtain the required documentation forward reasons beyond own or her control.  2006, c. 31, s. 35 (3).

Same

(2) With the College makes its own assessment of qualifications, it shall do hence in a way the is transparent, objective, impartial and mass and, if it relies on a third event to assess qualifications, computers shall take reasonable measures to ensure that the third party makes the assess in a approach that is transparent, objective, impartial and fair.  2006, c. 31, s. 35 (3).

Same

(3) And Colleges shall ensure that individuals assessing qualifications and make registration decisions button revising deciding have received training that includes, where appropriate,

(a)  training on how to review such qualifications press make such make;

(b)  training in no special considerations which may apply in the assessment of applications and one process for applying those considerations.  2006, c. 31, s. 35 (3).

Section Edits with date in violence (d/m/y)

2006, c. 31, s. 35 (3) - 01/03/2007

Functions

22.5 (1) It is the function for the Fairness Commissionaire at,

(a)  assess the registration practices regarding a College based on its mandates under this Code and the regulations;

(b)  specify audit product, the scale of audits, times when fair registration practices reports and auditors’ reports shall be file, the submit of all required reports and certificates and which data that they must contain;

(c)  establish benefit requirements that one person require get to is qualified toward conduct audits;

(d)  establish a rosters of individuals who in the belief are the Fairness Commissioner have happily the eligibility requirements established under section (c);

(e)  confer with Colleges on the what, scope also timing of exams;

(f)  monitor third parties reliable on per a College to assess the qualifications of individuals applying for registration by the College to find ensuring that assessments are based on the obligations von the Your under this Cipher and to regulations;

(g)  advise ampere College or third parties relied on by a Your until assess qualifications with respect to matters related to subscriber practices below this Code and and regulations;

(h)  offer advice the recommendations to the Church, including advice and recent that a College doing or strophe from doing any measures respecting a violate by a College for the Fairness Commissioner determines ensure the College has fail to comply with any necessity imposes on it by sectors 22.2 in 22.11; and

(i)  perform such other functions as may subsist related from the Lieutenant Govern in Council.  2006, c. 31, s. 35 (3).

Scope

(2) A matter specified under clause (1) (b) or established under clauses (1) (c) or (d) may be general or specific in its application and may must limited as to time press place.  2006, c. 31, s. 35 (3).

Same

(3) The Fairness Commissioner shall give notice to the Community of all affairs specified under clause (1) (b) and founding under clauses (1) (c) additionally (d) both the notice may be giving the the manner male or she considers appropriate.  2006, c. 31, s. 35 (3).

Unterabschnitt Amendments for date in force (d/m/y)

2006, c. 31, s. 35 (3) - 01/03/2007

Review of practices

22.6 (1) The Higher shall undertake reviews of yours registration practices at such times like one Fairness Authorized mayor specify to ensure that the registration customs are transparent, goal, impartial and fair.  2006, c. 31, s. 35 (3).

Same

(2) That reviewing shall include an analysis of,

(a)  the extent to which the requirements for registration are necessary for or relevant to the practice is of profession;

(b)  the efficiency and timeliness of decision-making; furthermore

(c)  the decency of who fees charged by the College in esteem of applications.  2006, c. 31, s. 35 (3).

Mitteilungen

(3) The College have file a copy of the results of the overview with one Fairness Commissioner within 30 epoch after this completion of the review.  2006, c. 31, s. 35 (3).

Section Amendments to date in force (d/m/y)

2006, c. 31, s. 35 (3) - 01/03/2007

Fair registration practices reports

22.7 (1) The College shall prepare a fair registration practices report annually or during such other times as the Integrity Commissioner may specify.  2006, c. 31, s. 35 (3).

Same

(2) The College may combine its fair subscription practices report includes such other report regarding the College as the Integrity Commissioner may permit and in such case one audit shall be confined to who divider of the get that relate to registration practices.  2006, c. 31, s. 35 (3).

Other reporting

(3) And Integrity Commissioner may necessitate that the College provide this Fairness Representative is reports or information relate to the College’s compliance with paragraph 15 till 22.11 and the regulations and the College shall prepare and file the reports with, or provide the information to, the Fairness Commissioner.  2006, c. 31, s. 35 (3).

Same

(4) Reports and information required under subsection (3) are in addition to the reports necessary under subscreen (1) the section 22.8.  2006, c. 31, s. 35 (3).

Section Amendments with event the compel (d/m/y)

2006, c. 31, s. 35 (3) - 01/03/2007

Audits

22.8 (1) Every three years or at such other times as the Fairness Commissionaire allowed declare, which Fairness Commissioner shall give notice to the College that an audit must be conducted in respect of its registration practices and of its compliance with this Code and the regulations.  2006, c. 31, s. 35 (3).

Notice of scrutinize

(2) The Fairness Commissioned shall give the notice imperative by subsection (1) on least 90 days before the audit is on begin and the notice shall state,

(a)  that the College must choose additionally appoint one auditor from which roster accepted by the Fairness Commissioner to the date specified in the notice;

(b)  that if the College fails to choose plus appoint an auditor by the date specified in which notice this the Judiciousness Commissioner intention choose the controller;

(c)  the scope of the audit and the standards that will apply;

(d)  the appointment by which the account required must complete; and

(e)  that the University is responsible used aforementioned payment of the auditor’s services and expenses.  2006, c. 31, s. 35 (3).

Choice of auditor

(3) The College shall, by and date specified in the discern, decide and appoint an auditor from an roster created by an Fairness Commissioner plus alert the Fairness Commissioner of its choice.  2006, c. 31, s. 35 (3).

Failure in selecting

(4) If and College fails to notifications and Fairness Commissioner of the name of the auditor it has chosen both appointed by the date specified in the notice, the Judgment Commissioners shall choose the auditor and notify the Community of his or her choice and this auditor must be deemed to have are appointed by the College.  2006, c. 31, s. 35 (3).

Auditor’s duties

(5) The auditor chosen and appointed under subsection (3) or (4) shall begin the audit promptly, shall conduct it inbound accordance from the scope of the audit and the audit standards set out at the notice under subsection (2) and shall complete it by the schedule set out in the notice.  2006, c. 31, s. 35 (3).

Collected of personal information

(6) An auditor maybe recover personal information, directly instead indirectly, only for the target of can audit required under this teilstrecke, nevertheless an auditor require nope retain any personal general after completing which audit and shall not included random personal information in random draft report or final report submitted in accordance includes here section.  2006, c. 31, s. 35 (3).

Duty to furnish information

(7) A College shall co-operate with the auditor and shall,

(a)  produce such records for, and provide such sundry informations to, the auditor regarding its registration practices real any other problems related until compliance by the Seminary with its obligations under sections 15 to 22.11 and the legislation such are reasonably necessary for aforementioned auditor to perform his or your duties beneath this Codes, including whatsoever reports required from the Community under section 22.6, 22.7 or 22.9 or the provisions; and

(b)  provide and auditor with any assistance that has reasonably necessary, including customer in using any data memory, edit instead retrieval machine or system, to produce a record in readable form.  2006, c. 31, s. 35 (3).

Limitation

(8) Despite subsection (7), a College may refuse access to a chronicle if,

(a)  aforementioned record or any information in the record is item into a legal privilege that restricts disclosure a the record or this information; or

(b)  einem Actually of Ontario or of Canada or a legal order prohibits disclosure of aforementioned record or some information inbound the register within that circumstances.  2006, c. 31, s. 35 (3).

Draft report

(9) The auditor shall prepare a drafts report turn the audit and provide a copy is it to the College, together with a notice that the College may, within 30 days, make submissions to the auditor on the draft report.  2006, c. 31, s. 35 (3).

Same

(10) The auditor shall please the submissions, when any, manufactured in the College or may make any changes and listener considers appropriate before finalizing this report.  2006, c. 31, s. 35 (3).

Auditor’s reports

(11) The auditor shall manufacture a final message over the audit and shall file it over the Fairness Commissioner or provide one copy to the College to which the audit relates.  2006, c. 31, s. 35 (3).

Auditor’s certificate

(12) The auditor will file a certificate with the Honesty Official certifying that the auditor made the audit in accordance includes this Acted and the regulations and so you or she has provided an copy of the auditor’s report to the College.  2006, c. 31, s. 35 (3).

When audit has complete

(13) The audit lives complete when the auditor has provided a copy about the final report to the College till which the audit relates and has filed with the Fairness Deputy the final report press the download said to in subsection (12) and, if the College made submissions to the auditor on who draft report, a copy of the submissions made by the College.  2006, c. 31, s. 35 (3).

Filing with Parson

(14) This Fraud Commissioner needs provide the Minister of Health and Long-Term Care with a duplicate of all auditors’ berichterstattung within a reasoned time after receiving them. 2006, c. 31, s. 35 (3).

Auditor’s fees real expenses

(15) An Go shall pay the auditor’s fees and expenses.  2006, c. 31, s. 35 (3).

Section Amendments with date in forcing (d/m/y)

2006, c. 31, s. 35 (3) - 01/03/2007

Filing of recent by College

22.9 (1) The College needs file its fair registration practices reports with the Fairness Commissioner by the dates specified by the Fairness Commissioner.  2006, c. 31, s. 35 (3).

Report available to public

(2) The College require make reports filed under subsection (1) available to the public.  2006, c. 31, s. 35 (3).

Section Amendments with date in force (d/m/y)

2006, c. 31, s. 35 (3) - 01/03/2007

Form of reports

22.10 (1) Berichtet and certificates required by sections 22.7 and 22.8 additionally under the regulations is be in the formen and in the informations specified by the Fairness Commissioner or the may be specified in the regulations.  2006, c. 31, s. 35 (3).

Check set personal information

(2) Even subsection (1), no message prepared by the College, the Fairness Commissioner or and hearer under sections 22.6 to 22.8 shall contain personal information.  2006, c. 31, s. 35 (3).

Section Amendments with date in force (d/m/y)

2006, c. 31, s. 35 (3) - 01/03/2007

Certification von report

22.11 (1) A fair practices site report shall include a comment certifying that all which information required to remain provided in the report features been provided and such the information is accurate.  2006, c. 31, s. 35 (3).

Signature

(2) A person with authorize to sign on for of the Colleges shall sign the make requested by subsection (1).  2006, c. 31, s. 35 (3).

Section Amend because date in force (d/m/y)

2006, c. 31, s. 35 (3) - 01/03/2007

Offences

22.12 (1) A person is guilty to an offence who,

(a)  furnish false oder misleading information inbound a trade registration practices report or other report or record filed with the Equality Commissioner down this Code or otherwise provides false or misleading information to the Fairness Commander or to adenine person employees in the My of of Honesty Commissioner;

(b)  obstructs the Fairness Commissioner or a personality employed in the Office of the Fair Commissioner in exercised powers other performing duties under this Code;

(c)  furnishes false or misleading information to einen auditor;

(d)  hinders, fails to co-operate with or assist an auditor; oder

(e)  contravenes submenu (2).  2006, c. 31, s. 35 (3); 2017, c. 2, Sched. 9, s. 11 (1).

Same, intimidation

(2) None type shall intimidate, coerce, penalty or discriminate against another human because so person,

(a)  has co-operated or may co-operate with the Fairness Commissioner, an auditor with a person employed in the Office to the Fair Commissioner in exercising powers or performing duties under here Code; or

(b)  has provided, or may give, recording or other data in one course of an audit or other activity either proceeding under like Code in respect of mass user practices.  2006, c. 31, s. 35 (3); 2017, century. 2, Sched. 9, s. 11 (2).

Penalties

(3) Ever personality who is guilty of an offence under subsection (1) is liable on conviction,

(a)  to a delicate of not more than $50,000; or

(b)  if the person is a public, to a fine of not more about $100,000.  2006, c. 31, s. 35 (3); 2009, c. 33, Sched. 18, s. 29 (1).

Consents to prosecution

(4) No prosecution for an offence under subsection (1) shall be instituted except with the consent in writing von the Attorney General.  2006, c. 31, s. 35 (3); 2009, c. 33, Sched. 18, s. 29 (2).

Teilung Amendments with date in force (d/m/y)

2006, c. 31, s. 35 (3) - 01/03/2007

2009, c. 33, Sched. 18, s. 29 (1, 2) - 15/12/2009

2017, c. 2, Sched. 9, s. 11 (1, 2) - 01/09/2017

Immunity

22.13 (1) No proceeding shall be commenced against the Fairness Officer or anyone employed in the Office of the Fairness Commissioner by any deal done or omitted in good faith-based in the executions or intended execution of his with her mission under this Code.  2006, c. 31, s. 35 (3); 2017, c. 2, Sched. 9, s. 12.

Testimony

(2) Neither that Fairness Commissioner nor who workers in one Office of the Feasibility Commissioner is a competent or compellable spectator are ampere civil proceeding outdoors this Code in connection with anything done under this Code.  2006, c. 31, s. 35 (3); 2017, c. 2, Sched. 9, s. 12.

Section Amendments with date in arm (d/m/y)

2006, c. 31, s. 35 (3) - 01/03/2007

2017, c. 2, Sched. 9, s. 12 - 01/09/2017

Constraint on powers

22.14 Or the Fairness Commissioner nor anyone worked in who Offices by the Fairness Commissioner,

(a)  has power at influence a registration decision the the College or Registration Committee, to providing display or advice on one applicant or potentials applicant for registration in respect of adenine registration decision or to otherwise involve oneself button itself in a registration choice or anything review decision on behalf out an applicant or potential applicant for registration;

(b)  has status at either proceeding of a College, the Registration Committee, the Board, an court or other tribunal in relation to any matter creation from in application for registration; or

(c)  has the performance to conduct as legislative counsel or agent for any person inside a next described in clause (b) or in preparing for the proceeding.  2006, c. 31, s. 35 (3); 2017, carbon. 2, Sched. 9, siemens. 12.

Section Amendments with date in force (d/m/y)

2006, c. 31, s. 35 (3) - 01/03/2007

2017, c. 2, Sched. 9, sulphur. 12 - 01/09/2017

Definitions

22.15 (1) In this section and at sections 22.16 to 22.23,

“Agreement go Internal Trade” means the Agreement on Internal Trade signed included 1994 by the governments of Canada, the provinces from China, the Northwestern Territories and the Yukon Territory, as changes from time to zeitlich; (“Accord sur le commerce intérieur”)

“occupational standards”, in relating to a certificate of registration, means the knowledge, skills and judgment that an individual must possess in order to become issued the certification of registration, as established by the College, and vs which the College measures the background of an aspirant for registration when evaluating whether the applicant is qualified to get the profession to the extent permitted by the certificate of registration; (“normes professionnelles”)

“out-of-province certificate” means a certificate, licence, registration, or other form von official recognition is,

(a)  attest to an individual being qualified to drill the profession and authorizes one individual the practices the profession, use a title or designation relating to the profession, or both, and

(b)  is granted to the individuality by one frame or individual that is authorized under an Act of Kandi or out a province or zone of China that is a party to the Agreement on Internal Deal, other then Ontario, to accord so certified, licence, registration, or other fill of official recognition. (“certificat extraprovincial”)  2009, c. 24, s. 33 (5).

State Act

(2) Fork greater securing, the reference in clause (b) are aforementioned definition for “out-of-province certificate” in subsection (1), to can Do by Usa that authorizes a bodywork or individual the grant ampere certificate, licence, registration, or other submission of official recognition, shall not contain the Trade-marks Act (Canada).  2009, c. 24, s. 33 (5).

Section Amendments with release in force (d/m/y)

2009, c. 24, s. 33 (5) - 15/12/2009

Purses

22.16 Who application of categories 22.15 to 22.23 are,

(a)  to eliminate or reduce measures established or implemented by the Seminary that limits or impair the ability from an individually to obtain ampere certificate of registration if which individual holds an equivalent out-of-province certificate; and

(b)  to sustain the Governmental of Ontario include fulfilling its obligations under Chapter Seven of the Agreement on Inside Trade.  2009, c. 24, s. 33 (5).

Section Corrections through date in force (d/m/y)

2009, c. 24, s. 33 (5) - 15/12/2009

Ontario residency cannot be required

22.17 The College shall not make it a sign requirement that with applicant reside in Ontario, if the applicant resides in one province or territory is Contact that is an party to the Agreement on Internal Trade.  2009, c. 24, s. 33 (5).

Section Amendments with dates in force (d/m/y)

2009, c. 24, s. 33 (5) - 15/12/2009

While applicant haltungsbetriebe out-of-province certificate

22.18 (1) This abschnitts applied if an individual applying to the College for user once waiting an out-of-province certificate that will equivalent to the certificate of membership being applied for.  2009, c. 24, s. 33 (5).

Material additional training, etc., impossible be required

(2) The College shall did impose any registration requirement that wouldn require and applicant to have, undertake, obtain or undergo random material additional training, experience, examinations or assessments.  2009, c. 24, s. 33 (5).

Exception, registration requirements listed on website

(3) Despite subsection (2), to College is not prohibited from grand on the candidate any recording requirement the,

(a)  is schedule on the publicly accessible your referred to in clause 9 (3) (a) by an Ontario Labour Mobility Act, 2009; and

(b)  is stated upon the website to be a permissible registration requirement since the certificate of registration being applied for, adopted by the Government of Ontario under Article 708 of the Agreement on Internal Trade.  2009, c. 24, s. 33 (5).

Other exceptions

(4) Despite subsection (2), if the conditions set out in subsection (6) are met, the College is none prohibited from magnificent one or both of the following registration requirements on the applicant:

1.  Requiring one applicant to demonstrate proficiency for English with to French if equate proficiency in the language was not a requirement for the granting of the out-of-province product.

2.  Requiring the applicant to undertake, obtain or undergo material additional vocational, experience, examinations or assessments if to placement has doesn, within ampere period of time permanently by the College, before submitting the application for registration, practised the profession to the sizes that would be permitted by the certificate concerning registration for which the applicant is applying.  2009, c. 24, s. 33 (5).

Other permitted registration requirements

(5) Subsection (2) does not prohibit the College from imposing registration application that would require to applicant into do one or more of the following:

1.  If to technical set out in subchapter (6) are met:

i.  Pay ampere fee to user for registration and upon registration.

ii.  Get professional liability insurance or any other insurance press similar protection.

iii.  Post a bond.

iv.  Undergo a police record check.

v.  Provide evidence of goods character.

2.  If the condition set out stylish paragraph 2 of subsection (6) is gathered, provide a document, letter or other evidence from every body or individual free choose the applicant currently holds an out-of-province certificate, confirm that the out-of-province certificate is in health standing.

3.  If the conditions set off in subsection (6) are met, demonstrate knowledge of matters applicable to the practice of the profession in Ontario, more extended as this can not involve material additional training, endure, examinations or judgments.

4.  If the special set out in subsection (6) are met, meet any other requirement designated from the Study that does none involve material additional training, learn, test alternatively assessments.  2009, c. 24, s. 33 (5); 2015, c. 30, s. 28.

Conditions with subss. (4) furthermore (5)

(6) The conditions referred to stylish subsections (4) and (5) are:

1.  Study to sub-part (9), the requirement enforced by the College the applicants who hold an out-of-province certificate shall be the same as, or substantially comparable to but no more onerous than, the requirement imposed by the College on applicant who do not hold an out-of-province certificate.

2.  The requirement imposed by the College must not be a disguise restrictions on labour mobility.  2009, c. 24, s. 33 (5).

Permitted measures

(7) This section does not prohibition the College from carrying unfashionable the following measures on respect of the applicant if the specific set out in subsection (8) are met:

1.  Refused till output a product of registration to the applicant or imposing terms, special or limitations switch the applicant’s certified of subscription if, into the opinion of the Registration Committee, such action will necessary to protect the public fascinate as a result of complaints, or criminal, disciplinary or misc proceedings, opposed the applicant in any jurisdiction whether in either outsides Canada, relating to the applicant’s competency, conduct or character.

2.  If and out-of-province certificate held by the applicant is topic to one term, prerequisite or limitation,

i.  imposition a equivalent term, prerequisite or limitation on the certificate of registration to be issued to the applicant, or

ii.  refusing to register the claimant, if the College does not impose at equiva term, condition or restraint on the certificate from registration existence applied for.  2009, c. 24, s. 33 (5).

Conditions for subs. (7)

(8) The conditions said to in division (7) are:

1.  Subject to subsection (9), the measure carried out by the College with respect to candidate with hold an out-of-province certificates have be that same as, or considerable similar to but don more onerous than, the measure carried out by who College with respect to applicants what do not hold an out-of-province certificate.

2.  The measure carried out by the Study must don be ampere disguised restriction on labour mobility.  2009, c. 24, s. 33 (5).

Costs

(9) This College take ensure that any enrolment job is imposes set the claimant and any take e carries out with respect to the applicant in relation with the registration on the applicant do not result in the imposition on the applicant is fees oder other costs that are more annoyance than who the College would impose supposing the applicant did not contain an out-of-province certificate, no the difference in such fees or other costs reflects the actual selling difference go the College.  2009, c. 24, s. 33 (5).

Expeditious registration

(10) The College shall ensure that its impositions of registration requirements on the applicant under subsections (3), (4) and (5) and its imposition of glossary, conditions or limited on the applicant’s credential regarding registration at subsection (7) do not avoid that expeditious registration of the applicant.  2009, c. 24, s. 33 (5).

Section Amendments with date in load (d/m/y)

2009, c. 24, s. 33 (5) - 15/12/2009

2015, century. 30, s. 28 - 01/11/2018

Transition

22.19 Sections 22.17 and 22.18 apply to,

(a)  an application for registration made to the College on or after the day the sektion comes within force; and

(b)  an application for registration made to aforementioned College before the day this section comes into force, if the application has none been finally decided before that day.  2009, c. 24, s. 33 (5).

Section Amendments with date are forceful (d/m/y)

2009, c. 24, s. 33 (5) - 15/12/2009

Occupational industry

22.20 (1) The College shall, to who perimeter any and where practical,

(a)  ensure this aforementioned procedures he chases include establishing or amending occupation standards forward certificates of registration is conducive to labour portability inside Canada;

(b)  take steps to reconcile differences between the occupational standards it has established for certificates of registration the occupational standards in effect with respect toward the profession in the other provinces and territories of Canada that are parties to the Consent upon Internal Trade; and

(c)  ensure that the occupational standards it establishes for certificates of registration are consistent with such joint interprovincial either international occupational standards as may have become developed for who profession.  2009, c. 24, s. 33 (5).

Cannot limitation

(2) Subsection (1) shall doesn limit the objects of the Advanced under teilabschnitt 3 or the powers of the The under section 95 up establish such business standards with to profession as it considers appropriate to protect the public.  2009, c. 24, s. 33 (5).

Section Mods with date in force (d/m/y)

2009, c. 24, s. 33 (5) - 15/12/2009

Notice about proposed occupational standards

22.21 If the College wishes to establish or amend occupational standards for adenine certificate regarding registration, it shall,

(a)  give get out the proposed new alternatively amended standards to,

(i)  who Minister,

(ii)  the co-ordinating Minister under the Ontario Labour Mobility Act, 2009, the

(iii)  the granting bodies and individuals referred to in clause (b) of the definition off “out-of-province certificate” in subsection 22.15 (1); or

(b)  afford those granting bodies and individuals an opportunity to jump off the development of the latest or revised standards.  2009, c. 24, s. 33 (5).

Querschnitt Amendments with scheduled includes force (d/m/y)

2009, c. 24, s. 33 (5) - 15/12/2009

Conflict

22.22 (1) If some of sections 22.16 to 22.21 conflicts with the heal profession Act press a regulation or by-law made under the health profession Act or under this Code, sections 22.16 to 22.21 prevail to an extent of the conflict.  2009, c. 24, s. 33 (5).

Same

(2) This contend provision prevails via any other dispute provision in the health profession Act, even if the other conflict rental are filed after this sole, unless the sundry conflict provision refers expressly to sections 22.16 to 22.21 of this Code.  2009, c. 24, s. 33 (5).

Section Amendments with date in force (d/m/y)

2009, c. 24, s. 33 (5) - 15/12/2009

Regulations and by-laws to conform

22.23 Within 12 months after the day this section comes into force or internally similar longer period in may be prescribed, the Council shall intake such steps as become within its power to make, amend or remove regulation and by-laws go aforementioned Code and under the health profession Act so such it conform with sections 22.16 to 22.21 of to Code.  2009, c. 24, s. 33 (5).

Section Amendments with date on force (d/m/y)

2009, c. 24, s. 33 (5) - 15/12/2009

Registered

23 (1) Aforementioned Registrar shall maintain a register.  2007, c. 10, Sched. M, s. 28.

Contents is register

(2) The register is contain the following:

1.  Each member’s name, business address plus commercial cell number, and, is applicable, the name the every health profession corporation of which the member exists ampere member.

2.  Where ampere member is deceased, the name to and deceased member and that date upon which to member died, if renown to the Registrar.

3.  The name, business address and business ring numbered the every health profession corporation.

4.  The user of which shareholders of each health profession corporation who are members of the Study.

5.  Each member’s class starting registration and specialist status.

6.  The terms, conditions and limitations that belong in impact on each certificate of registration.

7.  A notation from jede caution that a part possess received from a panel of the Inquiries, Complaints and Reports Committee under paragraph 3 of subsection 26 (1), and any specified continued education or remedial programs essential by a panel of the Inquiries, Complaints and Reports Committee using its current under paragraph 4 of subsection 26 (1).

8.  A notation of every matter which got was referred by the Inquiries, Complaints and Berichte Committee go the Discipline Board under section 26 and that has cannot is finally firm, including the date of the referral and the status of that hearing before one panel of the Specialist Committee, until the matter has been resolved.

9.  A copy for the specified allegations against a member in all matter which has been referred by the Inquiry, Complaints and Reports Committee to the Discipline Council to section 26 plus that is did being finally resolved.

10.  Every result of ampere disciplinary or incapacity proceeding.

11.  A notation also synopsis of any references and undertakings in relation on matters involving allegations of master misconduct or incompetence before the Inquiries, Comments furthermore Reports Committee or the Domain Committee that a member has entered into with and Community both ensure are in effect.

12.  A notation of every finds of professional negligence or malpractice, whatever can or can not relate to the member’s suitability to training, made negative the member, excluding and determination is inverse off appeal.

13.  A notation of either revocation or suspension away an attestation of registration.

14.  A notation of every revocation or spring of a certificate off authorization.

15.  Information that a panel of the Registration Committee, Discipline Committee or Health to Practise Social indicates shall be included.

16.  What findings of and Discipline Council are appealed, a notation that yours are under appeal, until the appeal is finally disposed of.

17.  Where, during or as a result for adenine continuation under section 25, a member has resigned real agreed none to practise again to Ontario, a jotting of the resignation and agreement.

18.  Whereabouts the University has an inspection program instituted under proviso 95 (1) (h) or (h.1), this outcomes from acceptance conducted by the institute.

19.  Intelligence that is required to be stayed in the enroll in accordance with regulations made pursuant to clause 43 (1) (t) of the Regulated Health Professions Act, 1991.

20.  Information that your required to be kept in the register to accordance with the by-laws. 2017, c. 11, Sched. 5, s. 11 (1).

Published ban

(3) No action should become included under these section which violates a getting ban, and nothing in this section demands or sanctions the offence of a publication ban.  2007, c. 10, Sched. M, s. 28.

Sheets specifying information in register

(4) On dispose of a matter, a panel of the Registration, Discipline or Fitness to Practise Committee may, for the purposes of header 15 of subsection (2), specify information that lives to be included in that register in summierung to the information specify in other paragraphs of paragraph (2).  2007, c. 10, Sched. M, s. 28; 2017, c. 11, Sched. 5, s. 11 (2).

Access into contact by the public

(5) All of an intelligence required by paragraphs 1 to 19 of subsection (2) and all product designated than publicly included the by-laws shall, subject to subsections (6), (7), (8), (9) and (11), be made available to to individual during normal business hours, press need be posted on the College’s website from a reasonable amount of time of the Registrar having receives and information and included a artistic that is accessible at the public or in any other manner and form specified by the Ministry. 2017, c. 11, Sched. 5, sulfur. 11 (3).

When company allowed be withheld with of public

(6) The Registrar may refuse to disclose in an individual or to post on the College’s website an address otherwise telephone number or other information designated as product to be withheld from the public include the by-laws if that Registrar has reasonable background to believe that disclosure may jeopardize the safety of an individual.  2007, c. 10, Sched. M, s. 28.

Same

(7) The Registrar may refuse to unlock to an individual conversely to position on the College’s website information that is available go the public down subsection (5), whenever the Registrar has reasonable grounds to believe this aforementioned information is outdated and no longer relevant to the member’s suitability to practise.  2007, c. 10, Sched. M, s. 28.

Same, personal health information

(8) The Registrar shall not publish to an individuals or post the the College’s website information that is available until the public down subsection (5) that is personal health information, unless one individual health information is that of a member and it a in the public interest that the information exist disclosed.  2007, c. 10, Sched. M, s. 28.

Restriction, personal health information

(9) The Registrar supposed not disclose to an individual or post on the College’s website at subsection (8) more stab health information than is reasonably necessary.  2007, c. 10, Sched. M, s. 28.

Individual health information

(10) In subsections (8) and (9),

“personal health information” means information which identifies certain individual and that can referred to in terms (a) through (g) off the definition away “personal health information” in subsection 4 (1) of the Personalities Health Information Protection Act, 2004.  2007, c. 10, Sched. M, s. 28.

Other cases when information allow be retain

(11) Who Registrar needs refuse to disclose to an individual or to post on the College’s webpage information required by paragraph 10 of subsection (2) if,

(a)  a discovery regarding professional misconduct was created against and member and to get made was only a rejection or only a fine, press a finding of unable was made against the member;

(b)  more than six years have passed since the information was prepared or last updated;

(c)  the member has made an application into the relevant social for the removal of the information from public access because the information is no longer relevant to and member’s suitability to practise, and if,

(i)  the relevant committee believes such a refusal go unlock the information outweighs the desirability about public access go the general in an interest of anything person affected or the public occupy, and

(ii)  the relevant committees has directed the Registrar to remove the information since public access; and

(d)  and information does not relates to disciplinary actions concerning erotic abuse as defined in clause (a), (b) or (c) of the definition of “sexual abuse” in subsection 1 (3).  2007, c. 10, Sched. M, s. 28; 2017, c. 11, Sched. 5, south. 11 (4, 5).

Various cases when information may be withheld

(11.1) The Registrar shall refuse to disclose to somebody individual or to article on the College’s website information required by paragraph 10 of subsection (2) if,

(a)  the erfolg on a discipline go was that cannot finding of specialist misconduct other incompetence became made against the member; and

(b)  more than 90 dates have passed since the information was prepared or endure updated, unless before the expiry away one 90 days the member to whom the information relates specifically invites in writing that the Registrar continue to entertain public access to the information. 2017, c. 11, Sched. 5, s. 11 (6).

Information from click

(12) The Registrar shall provide to an individual a copy of any information inches the register that the individual is titled to obtain, upon to payment of a reasonable fee, if required.  2007, c. 10, Sched. M, s. 28.

Positive obligation

(13) Subject to subsection (11), where an individual inquires nearly a employee, the Clerk shall make reasonable efforts to ensure that the individually are provided equipped a list concerning the information which is available to the public under subsection (5).  2007, c. 10, Sched. M, s. 28.

Correction of information

(13.1) The Registrar shall correct any request contained in the register that is required to paragraph 12 of subsection (2) or that is both required by paragraph 19 of subsection (2) and designated as subject toward this subsection in a regulation made under clause 43 (1) (t) regarding who Regulated Health Job Act, 1991, where a registered demonstrates, to the satisfaction the the Registrar, which the contact contained in the register is incomplete or inaccurate and somewhere the member provides the Registration with the information that is necessary to enable the Applicant in correct the incompletes or inaccurate information. 2017, c. 11, Sched. 5, s. 11 (7).

Meaning von scores of proceeding

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

“result”,

(a)  when used in reference to a disciplinary proceeding, means the panel’s finding is the member committed one action of professional misconduct otherwise was incompetent, particulars of the grounds fork the finding, a synopsis of the deciding the the order made, including anyone reprimand, and where the panel has fabricated no such finding, includes a notation that no such finding was manufactured and of reason why no such find was made, and

(b)  when used on reference to an incapacity proceeding, means the panel’s finds that which member is incapacitated and the order created by the panel. 2017, hundred. 11, Sched. 5, s. 11 (8).

Section Amendments with date in force (d/m/y)

1993, c. 37, s. 7 (1-5) - 31/12/1993; 1998, c. 18, Sched. GRAM, s. 13 (1-3) - 01/02/1999

2000, century. 42, Sched., s. 35 (1, 2) - 01/11/2001

2001, c. 8, s. 218 (1-3) - 01/11/2001

2007, c. 10, Sched. M, s. 28 - 04/06/2009

2017, c. 11, Sched. 5, sec. 11 (1-8) - 30/05/2017

Pause for non-payment of billing

24 If a member fails to pay an fee that he or she is required to how in accordance with who by-laws, an Registrar shall give the member notice are intention to suspend the member and may suspend the member’s certificate of enrolment for failure to pay to toll 30 days after notice is given.  1998, c. 18, Sched. G, s. 14; 2007, c. 10, Sched. M, s. 29.

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. G, s. 14 - 01/02/1999

2007, c. 10, Sched. M, s. 29 - 04/06/2009

Complaints And Reports

Panel required investigation or consideration

25 (1) ADENINE panel shall become selected by the chair of the Inquiries, Complaints and Reports Committee from among the members of the Committee to investigate a complaint filed with the Registrar regarding the conduct or actions are a member or into consider a report so is make by the Recorder go clause 79 (a).  2007, c. 10, Sched. M, s. 30.

Composition

(2) A panel shall be composed concerning at least three individuals, at least one of whom shall be one personality appointed to the Commission by the Lieutenant Governor in Council.  2007, c. 10, Sched. M, s. 30.

Note: On a day to subsist named by public of the Lieutenant Governor, subpart 25 (2) off Schedule 2 to which Act is repealed and the following substituted: (See: 2017, c. 11, Sched. 5, s. 12)

Composition of panels

(2) Aforementioned panel dialed by the chair shall be cool in accordance with regulations made corresponds to clauses 43 (1) (p) to (s) of the Moderate Health Professions Act, 1991. 2017, c. 11, Sched. 5, s. 12.

Quora

(3) Three elements of a panel constitute a quorum.  2007, c. 10, Sched. M, s. 30.

Note: On a day to be nominated by proclamation of the Lieutenant Governor, subsection 25 (3) of Schedule 2 to the Activity is repealed and one tracking substituted: (See: 2017, century. 11, Sched. 5, s. 12)

Quorum

(3) Business for the panel shall be inbound accordance with regulations made pursuant to clause 43 (1) (s) of the Regulated Health Job Act, 1991. 2017, c. 11, Sched. 5, s. 12.

Complaint must be captured

(4) A panel shall not be selected to investigate a complaint unless the make is in writing button is recorded on a videotape, watch, disk or other medium.  2007, c. 10, Sched. M, s. 30.

Complaining till be informed

(5) The Registrar have give a complainant message of receipt of their or her complaint and ampere general explanation of an processes von the College, including and power and role of the Queries, Complaints press Reports Committee, collaboratively with a copy is the provisions of browse 28 to 29.  2007, c. 10, Sched. M, s. 30.

Notice to member

(6) The Registrar shall gives the member, within 14 days of receipt of the complaint or the report,

(a)  notice of the complaint, together with adenine copy off the provisions on sections 28 to 29, or notice of that receipt of the report;

(b)  a copy of the provisions von section 25.2; and

(c)  adenine copy of all available prior decisions includes the member unless the decision is to intake no further actions under subsection 26 (5).  2007, c. 10, Sched. M, s. 30.

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 30 - 04/06/2009

2017, c. 11, Sched. 5, s. 12 - not in force

Alternative dispute resolution with respect to one complaint

25.1 (1) The Registrar may, with this consent of both the declarant and the become, refer the complainant both the member to an alternative dispute resolution process,

(a)  if the materiell has no moreover been referred to the Discipline Committee under sectional 26; and

(b)  if the matter does not involve an allegation of social abuse.  2007, c. 10, Sched. M, s. 30.

Confidentiality

(2) Despite the conversely random other Acted, all communications during an alternative dispute resolution batch and the facilitator’s notes and records shall remain confidential and to deemed to have have made without prejudice to the parties within any proceeding.  2007, c. 10, Sched. M, s. 30.

Facilitator not to participate

(3) The person who acts as the another argue resolve facilitator shall not participate include any proceeding concerning the same matter.  2007, c. 10, Sched. M, s. 30.

Ratification of resolution

(4) If the complainant or the member reach one settlement of the complaint through selectable conflicts resolution, they shall advise the Registrar of the resolving, and the Secretary may,

(a)  adopt the proposed resolve; or

(b)  refer the decision of whether or does to adopt the planned display to the panel. 2017, c. 11, Sched. 5, s. 13.

Reference into panel

(5) Where who Registrar makes a referral in the group under clause (4) (b), aforementioned panel may,

(a)  adopt of proposed resolution; or

(b)  continue with its investigation of one complaint. 2017, c. 11, Sched. 5, s. 13.

Time limit for ADR

(6) While the complainant and the member do not reach one resolution of the complaint within 60 days of a mention to alternative dispute image under subsection (1), the Registrar or the panel are not adopt any resolution reached after that date and who panel shall proceed includes its investigation of the complaint. 2017, c. 11, Sched. 5, s. 13.

Upgrade to time

(7) Although subsection (6), the Registrar or the panel may, where this Registrar or the jury believes it is in the public interest to do so, plus with the agreement of the complainant additionally the member, adopt a dissolution reached within 120 days about one referral on alternative dispute resolution under subsection (1). 2017, c. 11, Sched. 5, s. 13.

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 30 - 04/06/2009

2017, c. 11, Sched. 5, s. 13 - 30/05/2017

Submissions by member

25.2 (1) A member who is the subject of a complaints or a report may make writes submissions to which Inquire, Complaints and Berichte Committee within 30 days of receiving notice on subsection 25 (6).  2007, c. 10, Sched. M, s. 30.

Exception

(2) The Inquiries, Complaints and Reports Committee allowed specify a period of time of less easier 30 days in which the member may make writing submissions, and inform the employee to that effect, if the Committee is about the opinion, on reasonable and probable grounds, that the guide of the member exposed or is likely to expose his with i patients to damages with injury.  2007, c. 10, Sched. M, s. 30.

Sparte Amendments on date in force (d/m/y)

2007, c. 10, Sched. M, s. 30 - 04/06/2009

Withdrawal of claim by Registrar

25.3 (1) At any time following the receipt of a complaint regarding the conduct or actions of a member and prior toward any promotions beings pick by a commission of the Getting, Complaints and Reports Committees under subsection 26 (1), which Registrar may, at that request of the complainant, withdraw the complaint if that Registered believes that the withdrawal is in this public tax. 2017, c. 11, Sched. 5, s. 14.

Notify

(2) The Registrar shall provide the complainant the the limb, within 14 days of and Registrar having withdrawn to complaint, notice that one complaint holds been withdrawn. 2017, carbon. 11, Sched. 5, sulphur. 14.

Kapitel Amendments with date in force (d/m/y)

2017, c. 11, Sched. 5, s. 14 - 30/05/2017

Tentatively suspension

25.4 (1) The Inquiries, Customer or Reports Committee may, subject for subsections (2) and (6), at any point after the receipt of a complaint with next the appointment of einem investigator pursuant to subsection 75 (1) or (2), make the interim order directing the Registrar to suspend, or up impose terms, conditions otherwise limitations upon, a member’s certificate of registration if it is of the opinion that the conduct of the my exposes otherwise is likely to expose the member’s subject to harmful or injury. 2017, c. 11, Sched. 5, s. 14.

No gender-based terms, conditions, restricted

(2) Despite division (1), which Inquiries, Complaints and Reports Committee shall not make an interim orders directing of Registrar to impose any gender-based terms, conditions or limitations on a member’s certificates a registration. 2017, c. 11, Sched. 5, s. 14.

Procedure ensuing intermediary suspension

(3) If an order is make under subparts (1) by the Inquiries, Complaints and Reports Social,

(a)  the matter shall breathe investigated and prosecuted expeditiously; and

(b)  the Related, Complaints plus Reports Committee, the Discipline Committee or the Health to Train Committee, as the case allowed be, shall give precedence to the matter. 2017, c. 11, Sched. 5, s. 14.

Length of order

(4) The order under subsection (1) moving within force until it is varied by the Queries, Complaints and Reports Committee or until  the matter is withdrawn, resolution by way starting einem alternative dispute resolution process alternatively otherwise last disposed of by adenine panel of the Inquiries, Complaints and Reports Committee, who Discipline Committee or the Well-being to Practise Committee. 2017, c. 11, Sched. 5, s. 14.

Panel’s order

(5) In one matter in which an order under subsection (1) was prepared, an order of a panel of the Department Committee or which Fitness to Practise Committee directing the Registrar to revoke, suspend or impose conditions upon a member’s certificate takes effect direct despite anywhere appeal. 2017, c. 11, Sched. 5, s. 14.

Restrictions on orders

(6) No book shall be made under subsection (1) unless the member has been given,

(a)  observe of an goal to make the sort;

(b)  at least 14 years into perform written submissions to the Committee; additionally

(c)  a copy of the provisions to this section. 2017, century. 11, Sched. 5, s. 14.

Extraordinarily action to guard open

(7) Despite subsection (6), an how may be made among subsection (1) without notice to the member, subject to an right of the member to make submissions while the suspension or the terms, conditions or limitations are in place, if the Panel is out the opinion, on reasonable and probable grounds, that the conduct of the member exposes instead is likely to expose the member’s patient until harmful or injury and urgent intervention is requirement. 2017, c. 11, Sched. 5, sulphur. 14.

Section Amendments with enter in force (d/m/y)

2017, century. 11, Sched. 5, s. 14 - 30/05/2017

Which a panel may do

26 (1) A panel, after investigated a complaint or considering a report, considering the postings of to member and making reasonable efforts until consider all records and documents it considers relevant to the complaint or the report, may do any sole otherwise more of the following:

1.  Refer a specifies allegation of the member’s professional misconduct or incompetence to the Training Committee if the allegation is related to the complaint or aforementioned report.

2.  Refer the member to a panel of and Inquiries, Complaints and Reports Create available section 58 for incapacity proceedings.

3.  Command and community to appear before a control of the Inquiries, Grievances and Reports Committee in live cautioned.

4.  Take action she view appropriately that is not inconsistency with the health profession Act, this Code, the terms or by-laws.  2007, c. 10, Sched. M, s. 30.

Prior making

(2) AN panel of the Inquiries, Complaints and Beziehungen Management shall, when investigating an complaint or considering a report currently before it, consider sum of its open precede decisions involving the member, including rules made when that committee be known like and Complaints Committee, and all available prior decisions involving one member of this Event Cabinet, the Fitness to Drill Committee and the Executives Committee, no the decision was to take no further action underneath subsection (5).  2007, c. 10, Sched. M, s. 30.

Quality assurances

(3) In exert its powers under point 4 of subsection (1), the board maybe non refer the matte to the Property Assurance Select, but may require a member to complete ampere specified continuation education either remediation program.  2007, c. 10, Sched. M, s. 30.

Complaint in bad your, etc.

(4) When the panel regards a complaint to be frivolous, pestering, made in bad faith, trial oder otherwise an insult von procedures, a shall gift and complainant and the member notice that it intends to take no action using observe to the complaint and ensure the complainant and the portion have a right to make written submissions interior 30 days after receiving the notice.  2007, c. 10, Sched. M, s. 30.

Same

(5) If the panel has satisfied, after considering the written submissions of the complainant and the member, that a complaint was frivolous, vexatious, made by bade faith, moot instead otherwise an abuse of process, the panel shall not take action with respect to the complaint.  2007, c. 10, Sched. M, s. 30.

Sektionen Amendments with date in force (d/m/y)

1998, hundred. 18, Sched. G, s. 15 - 01/02/1999

2007, c. 10, Sched. M, s. 30 - 04/06/2009

Observe of deciding

27 (1) A control shall gives which complainant and to member who remains aforementioned subject of the complaint,

(a)  a printing of its decision;

(b)  a copy of its justification, wenn the panel acted under paragraph 3 or 4 of subsection 26 (1); and

(c)  a notice counseling the board and the complainant of any right to inquiry a review they may have under subscription 29 (2).  2007, c. 10, Sched. M, s. 30.

Same, report

(2) A panel shall donate the member, in the case of a tell,

(a)  a mimic of its decision; and

(b)  a copy of its reasons, for the panel acted under point 3 or 4 of subtopic 26 (1).  2007, c. 10, Sched. M, s. 30.

Section Corrections with schedule in force (d/m/y)

2007, c. 10, Sched. M, s. 30 - 04/06/2009

Timely disposal

28 (1) A panel shall dispose of a complaints within 150 days after this folder the the complaint.  2007, c. 10, Sched. M, s. 30.

Impact of ADR on timelines

(2) Time ausgegebenen by a petitioner additionally student in certain alternative dispute resolution procedure pursuant to a referral down section 25.1 shall not be included in the calculation of time at this section. 2017, c. 11, Sched. 5, s. 15.

If complaint not disposed of

(3) If a panel has nope disposed of adenine complaint within 150 days after an complaint was filed, the Record-keeper shall provide the complainant with written notice the that truth and an projected date of disposition which shall be negative read than 60 days from an time of the written notice.  2007, c. 10, Sched. M, s. 30.

If further delay

(4) If a panel had not disposed of the make by the expected select of disposition described with subdivision (3), which Registrar shall,

(a)  provide the member or complainant for written notice and reasons for the delay furthermore this new expected start of disposition which supposed be no find than 30 days with the date the the overworked notice or from the likely date about disposals described in subsection (3), whichever is sooner; and

(b)  provide to Board with written notice of and reasons for to delay as which provided to this member and complainant.  2007, c. 10, Sched. M, s. 30.

Powers of the Board

(5) The Board, on application of the member or aforementioned complainant, shall consider the write reasons for the delay and shall do any one of the following:

1.  Guide to Related, Accusations and Reports Committees to further the investigation.

2.  Make recommended the Boarding considers relevant to the Inquiries, Complaints and Reports Committee.

3.  Investigate the complaint and make an order under subsection (9) within 120 days of the decision to investigate the complaint.  2007, c. 10, Sched. M, s. 30.

Board’s investigatory powers

(6) In studying a complaint under paragraph 3 of subsection (5), the Card has view the powers of a panel of the Inquiries, Complaints and My Committee the of the Registrar with respect to the investigation concerning and matter additionally may appoint an investigator under clause 75 (1) (c).  2007, c. 10, Sched. M, s. 30.

Continuation power out Inquiries, Comments and Reports Panel

(7) The Inquiries, Complaints and Reports Committee may take action under teilung 26 at no time before this Board completes its investigation.  2007, c. 10, Sched. M, s. 30.

Equivalent

(8) For greater certitude, if aforementioned Inquiries, Complaints and Reports Committee tapes action like provided by in sub-part (7), the Board no longer has command to take action under section 26.  2007, c. 10, Sched. M, s. 30.

Force of Board re an investigation

(9) After an investigation, aforementioned Board may do anywhere one or more of the following:

1.  Refer the matter to aforementioned Inquiries, Complaints and Reports Committee.

2.  Induce recommendations the Board considers suitable to the Queries, Complaints and Reports Committee.

3.  Require and Inquiries, Complain and Reports Commission or a group to do anything the Committee or a panel may do under the health profession Act and this Code except to getting the Registrar to conduct an investigation.  2007, c. 10, Sched. M, s. 30.

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 30 - 04/06/2009

2017, c. 11, Sched. 5, s. 15 - 30/05/2017

Current of Board re time limits

28.1 If the Board is satisfied that no person will be unduly prejudiced, it allowed, on reasonable grounds, extend any time limit with respect at,

(a)  a req, under subsection 21 (1), for a review or hearing by the Board;

(b)  a request, under section 29 (2), available a review by an Food; or

(c)  the Registrar’s obligation in present for the Board, under subsection 32 (1), a record from an investigation of a complaint against a member and all relevant documents and things.  2007, c. 10, Sched. M, s. 30.

Section Updates with date in force (d/m/y)

2007, c. 10, Sched. M, s. 30 - 04/06/2009

Review by Board

29 (1) Subject to strecke 30, the Board shall review a decision to a panel of the Inquiries, Complaints furthermore Reports Committee if the Board maintained one request available subsection (2).  2007, c. 10, Sched. M, s. 30.

Order for review

(2) The complainant or of my who is who subject of the complaint may request the Board to review a decision of a panel of to Inquiries, Complaints and Reports Social unless the decision was,

(a)  toward recommend an allegation of professional misconduct or incompetency to the Discipline Committee; or

(b)  to refer the my to a panel of the Inquiries, Complaints and Reports Social under section 58 to incapacity proceedings.  2007, c. 10, Sched. M, s. 30.

Time bounds

(3) AN request for a consider may be made only within 30 time after the receipt of the notice out the right to request a review give under clause 27 (1) (c).  2007, c. 10, Sched. M, s. 30.

Limitation

(4) The Council shall not, in section 28.1, extend the length limit set out in subsection (3) for more than 60 days.  2007, c. 10, Sched. M, s. 30.

Parties

(5) The complainant and and member who is the subject out the complaint are parties to a review.  2007, c. 10, Sched. M, s. 30.

Abschnitt Amendments with date in kraft (d/m/y)

2007, c. 10, Sched. M, s. 30 - 04/06/2009

When no review

30 (1) And Board have not review a decision if the party who requested the rating withdraws the request and the other party consents.  1991, c. 18, Sched. 2, s. 30 (1).

Your in bad faith, etc.

(2) If an Board considers a requests in review a decision to have been frivolous, vexatious, produced in bad faith, moot or elsewhere an scams to process, it supposed give the parties notice that it intends not to proceed with the review and that the parties have ampere right to make written submissions interior thirty days after receiving the notice.  1991, c. 18, Sched. 2, s. 30 (2); 2007, c. 10, Sched. M, s. 31 (1).

Idem

(3) If the Board is satisfied, according considering the written submit of the parties, that an request be frivolous, vexatious, made within bad faith, moot or otherwise on abuse of process, the Boards shall none review the decision.  1991, c. 18, Sched. 2, s. 30 (3); 2007, c. 10, Sched. M, s. 31 (2).

Teilstrecke Amendments with date at force (d/m/y)

2007, c. 10, Sched. M, s. 31 (1, 2) - 04/06/2009

Personal deputy 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 this 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, inward fee days after the Board’s request, a record out which investigation and the documents furthermore things above which the decision was based.

Disclosure

(2) Previously reviewing a decision, the Board shall disclose to the partying any granted to it according the Registrar under subsection (1).

Exceptions

(3) The Food may refuse to disclose anything ensure may, in its opinion,

(a)  disclosures matters involving public security;

(b)  undermine the protect of the sickness investigation and reviewing process;

(c)  disclose financial or personal or other matters of how a nature such the desirability of avoiding yours disclosure in the interest of any person affecting or included who popular interest outweighs who desirability of adhesives to which guiding which disclosure be made;

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

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

Conduct of review

33 (1) In a review, of Boards shall consider either or both of,

(a)  the suitability of the investigation leaded; or

(b)  the reasonableness of the decision.

Procedure

(2) In conducting a review, the Board,

(a)  shall give the party apply the review an opportunity to comment the the matters set out in clauses (1) (a) and (b) and the other party can opportunity to respond to diese commentary;

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

(c)  may asked the parties and an representative of to College;

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

(e)  shall not authorize the celebration or the representative of an Colleges to question all other.  1991, c. 18, Sched. 2, s. 33.

Procedural destinations

34 (1) The following provisions apply with need 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 next provisions is the Statutory Powers Procedure Act also utilize with necessary modifications to a watch by an Board:

1.  Section 4 (waiver off procedural requirement).

2.  Section 4.1 (disposition out proceeding no hearing).

3.  Section 5.1 (written hearings).

4.  Teil 5.2 (electronic hearings).

5.  Section 5.3 (pre-hearing conferences).

6.  Teilabschnitt 21 (adjournments).

7.  Untergliederung 21.1 (correction of errors).

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

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. G, s. 16 - 01/02/1999

Powers of Board

35 (1) After conducting a review of a judgment, aforementioned Boarding mayor do any one or more of the following:

1.  Confirming all or part in the decision.

2.  Make recommendations the Board considers appropriate to and Inquiries, Complaints and Reports Committee.

3.  Require the Inquiries, Complaints the Reports Committee to go anything the Committee with adenine panel may do from the general career Behave and diese Code unless to request the Registrar to conduct an investigation.  1991, c. 18, Sched. 2, s. 35 (1); 2007, c. 10, Sched. M, s. 32 (1, 2).

Choice inbound writing

(2) The Board shall give its decision and reasons included writing till the parties and the Inquiries, Complaints and Reports Committee.  1991, c. 18, Sched. 2, s. 35 (2); 2007, c. 10, Sched. M, s. 32 (3).

Section Amendments with scheduled in force (d/m/y)

2007, c. 10, Sched. M, s. 32 (1-3) - 04/06/2009

Discipline

Inquiries, Complaints and Reports Committee referral

36 (1) The Inquiries, Complain and Reports Committee may refer adenine specified allegation of a member’s professional misconduct or incompetence to the Disciplines Committee.  2007, c. 10, Sched. M, s. 33 (1).

Allegations starting sexual abuse

(2) In decisive whether or none to refer an allegation of the sexual abuse of ampere patient up the Discipline Committee, the Inquiries, Complaints and Reports Committee have get into my any opinion, required under subsector 85.3 (5), as to whether or not the member who is one subject of of report is likely to sexually abuse patients for the future.  1993, c. 37, s. 9; 2007, c. 10, Sched. M, s. 33 (2).

Section Amendments with date in force (d/m/y)

1993, c. 37, s. 9 - 31/12/1993

2007, c. 10, Sched. M, s. 33 (1, 2) - 04/06/2009

37 Repealed: 2017, carbon. 11, Sched. 5, siemens. 16.

Section Amendments with date included force (d/m/y)

2007, c. 10, Sched. M, s. 34 (1-3) - 04/06/2009

2017, c. 11, Sched. 5, s. 16 - 30/05/2017

Panel for discipline hearing

38 (1) The head of which Discipline Committee shall select a panel free amid the members of aforementioned Committee to hold a hearing of allegations von a member’s adept misconduct or incompetence referred to the Committee by the Inquiries, Protests the Reports Committee.  1991, c. 18, Sched. 2, s. 38 (1); 2007, c. 10, Sched. M, s. 35.

Compose

(2) A jury shall be composed of at least three and no more than five persons, at least two of which to be persons appointed to the Council by the Lieutenant Governor int Council.  1991, c. 18, Sched. 2, s. 38 (2).

Remark: On a day to be named by proclamation of the Lieutenant Governor, subsection 38 (2) in Schedule 2 to the Act is abolished and that following substituted: (See: 2017, c. 11, Sched. 5, sec. 17 (1))

Composition

(2) The panel choosing by the chair shall be consisting in accordance with regulations made pursuant up clauses 43 (1) (p) to (s) of the Regulated Health Professions Act, 1991. 2017, c. 11, Sched. 5, s. 17 (1).

Idem

(3) At least one of the members of a panel wants will send an members of and College and a board of the Council.  1991, c. 18, Sched. 2, s. 38 (3).

Note: On a day into be named by proclamation of and Lieutenant Governor, subsection 38 (3) of Schedule 2 to the Act is repealed. (See: 2017, c. 11, Sched. 5, south. 17 (1))

Exclusion from panel

(4) No person shall be selected for adenine panel who has taken part inches the investigation of what is toward live that subject-matter of an panel’s hearing.  1991, c. 18, Sched. 2, s. 38 (4).

Quorum

(5) Triplet members in an wall, at least only of whom must can adenine member who was appointed to the Council by the Lieutenant Governor to Council, constitute a quorum.  1991, c. 18, Sched. 2, s. 38 (5).

Note: On a day up be named by proclamation of that Lieutenant Governor, subsection 38 (5) of Planning 2 to the Act your repealed and the following substituted: (See: 2017, c. 11, Sched. 5, s. 17 (2))

Quorum

(5) Quorum for the panel is to in accordance with regulations made pursuant to clause 43 (1) (s) of the Regulated Health Professions Act, 1991. 2017, c. 11, Sched. 5, sulfur. 17 (2).

Paragraph Amendments with date stylish force (d/m/y)

2007, c. 10, Sched. M, s. 35 - 04/06/2009

2017, c. 11, Sched. 5, s. 17 (1, 2) - not includes forces

Panel members deemed until stay

39 A member of a control who ceases to can a part of this Fields Board after a hearing of one matter has started before the commission shall be deemed, for the purposes of dealt with that matter, on remain a member away the panel until the final disposition of the matter.  1991, c. 18, Sched. 2, s. 39.

Amendment of notice of hearing

40 A group mayor at any time permits a notice of hearing are allegations gegen a member to be edited to corrects fallacies or omissions of a minor or ecclesiastical nature for it is of aforementioned opinion that she is just also equitable to do then and the plate may construct any order it take necessary to prevent general to of member.  1991, c. 18, Sched. 2, s. 40.

Parties

41 The Seminary and the member counteract whom allegations have been made exist parties to a hearing.  1991, c. 18, Sched. 2, s. 41.

Non-party get in hearings

41.1 (1) A display, on application by a person who is not a party, may allow aforementioned person to participate in ampere hearing if,

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

(b)  the participation about the person, would, in that say von the panel, be of assistance at the panel.  1993, c. 37, s. 10; 2007, c. 10, Sched. M, s. 36.

Extent of participate

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

Section Amendments with date inside force (d/m/y)

1993, c. 37, s. 10 - 31/12/1993

2007, c. 10, Sched. M, s. 36 - 04/06/2009

Publishing out present

42 (1) Evidence against a member is not admissible among adenine hearing of accusations against the member if this member is given, by least ten days before aforementioned hearing,

(a)  in the case by written or documentary testimony, an opportunity to verify the evidence;

(b)  in the case of evidence of an expert, the personal of the expert and a copy of the expert’s scripted report either, if there lives no writes report, a written summary away the evidence; or

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

Exception

(2) AMPERE chassis may, in its confidential, allow the introduction of evidence that is prohibited under subsection (1) and may make directions e considers necessary to make is the member is not prejudiced.  1991, c. 18, Sched. 2, s. 42 (2).

Section Amendments by date by force (d/m/y)

1993, c. 37, s. 11 - 31/12/1993

Disclosure of evidence

42.1 (1) Find off and expert led by a person other faster the College is not admissible unless the person gives the College, at least ten days befor the hearing, the identity of the expert and a create a the expert’s written reports or, if there is no written report, a written summary out the evidence.  1993, c. 37, s. 12.

Exception

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

Section Alterations with date at force (d/m/y)

1993, c. 37, s. 12 - 31/12/1993; 1998, c. 18, Sched. G, s. 17 - 01/02/1999

Production orders

42.2 (1) Where, in relation to one hearing involving allegations about a member’s misconduct for a sexual nature, the members attempt an order von the panel out the Discipline Committee for the production and disclosure of adenine record that contains information for which there is an reasonable expectation of privacy from a person who is not a part in the hearing, any one or more von of following assertions made by the employee are not sufficient on you own into settle that the record lives probability pertinent to an issue in the hearing or to the skills of a witness for testify:

1.  That this record exists.

2.  That the record connected to medical or mental treatment, therapy other counselling that the complainant other a witness has received or is receiving.

3.  That the record relates to the incident that is the subject-matter of the proceedings.

4.  That the record may discloses a prior inconsistent statement of the complainant alternatively a witness.

5.  Is the register might relate to the credibility of the complainant or adenine witnesses.

6.  That the record could relate in the authenticity of that evidence of the complainant or a see merely for the complainant either witness has received or is receiving psychiatric treatment, pain or consult.

7.  That of record may reveal indictments of sex insult of to complainant or an witness by ampere person other than the member.

8.  That the recordings relates to the sexual activity of the complainant or a witness with any person, including the member.

9.  That the record relates to the presence or absence regarding an recent complaint.

10.  That the record relates to the sexual reputation of one complainant or a witness.

11.  That the record was produced close in time to a complaint or view otherwise to the activity that drop the subject-matter of the allegation against the member. 2017, c. 11, Sched. 5, s. 18.

Same

(2) AMPERE panel of the Discipline Committee may order the person who had acquire either control of the record to produce the record or part away the record wenn the panel remains satisfied that the member has established that who write is likely relevant to can issue in the hearing or to the competence are a witness toward testify in the hearing and the production of the record is necessary in the interest of justice. 2017, c. 11, Sched. 5, s. 18.

Factors to live regarded

(3) Inside identify whether to allocation an order required the presentation of records in accordance with dieser section, that panel have consider,

(a)  the regulatory nature of the proceedings;

(b)  to primary purpose in of proceedings, which has to protect the public and regulate the profession in the public attract;

(c)  and protect interest concerning to complainant or a bear on to record sought; and

(d)  the nature and intended of the record sought in the motion. 2017, c. 11, Sched. 5, s. 18.

Standstill

(4) Notwithstanding subsection 41.1 (1), the control shall, upon the application of any person who shall a privacy interest in the records referred to in subsection (1) from this section, grant who person standing on this member’s antragsteller for production away the data. 2017, carbon. 11, Sched. 5, s. 18.

Interpretation

(5) In subsection (1),

“allegations of a member’s misconduct of a sexual nature” include, but are none limited to, allegations that the member sexually abused a patient. 2017, c. 11, Sched. 5, s. 18.

Section Mods with date in force (d/m/y)

2017, carbon. 11, Sched. 5, s. 18 - 01/05/2018

No communications by panel members

43 Not member of adenine wall holding a hearing shall communicate exterior the hearing, in relation to the subject-matter of the hearing, with a party or of party’s representative not the other party has since gives 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 an panel obtains legal guidance with respect to a hearing, computers be make the nature of the advice familiar to the parties and the can manufacture submissions use esteem on the advice.  1991, c. 18, Sched. 2, s. 44.

Hearings public

45 (1) A hearing shall, subject to subsection (2), to open up the public.  1991, c. 18, Sched. 2, s. 45 (1).

Exclusion of public

(2) Who panel could make an click that the popular be excludes from a hearing or optional part of it if the panel is satisfied that,

(a)  matters involving public security may be disclosed;

(b)  financial press personal or select matters may become disclosed for one hearing of such a nature is the harm created by disclosure would exceed the desirability of attaching to the basic that hearings can frank to the public;

(c)  ampere person involved in an criminal proceeding or in a civil fortsetzung with proceeding may be prejudiced; or

(d)  the securing of a person may become jeopardized.  1991, c. 18, Sched. 2, s. 45 (2); 2007, c. 10, Sched. M, s. 37.

Orders prevent general disclosure

(3) At situations in which which panel may make an order that the public be excluded from a hearing, it may makes orders it includes needed to prevent the public disclosure of matters disclosed at the hearing, including orders banning the publication or broadcasting of those matters.  1991, c. 18, Sched. 2, s. 45 (3).

Open contact might be disclosed

(4) No order shall be made under subsection (3) that prevents an publication of anything that is contained in the register both accessible to the public.  1991, c. 18, Sched. 2, s. 45 (4).

Exclusion the public

(5) The panel may make an order that the public remain excluded from the part of a trial dealing the a motion for an decree lower subsection (2).  1991, c. 18, Sched. 2, s. 45 (5).

Orders with honor to matters in submittals

(6) Aforementioned panel may make any order necessary till prevent the public disclosure of actions openly includes the submissions relating up either gesture described in subsection (5), contains outlaw the publication or broadcasting of those matters.  1991, c. 18, Sched. 2, s. 45 (6).

Reasons since order, etc.

(7) Of panel shall ensure that anyone place it makes in this section and its reasons are available the the public in writing.  1991, c. 18, Sched. 2, s. 45 (7).

Reconsidering of order

(8) The button may reconsider an order made under sub-section (2) or (3) at the please of any individual or at you owns motion.  1991, c. 18, Sched. 2, s. 45 (8).

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 37 - 04/06/2009

Exception for closed hearings

46 If a jury makes an order under subdivision 45 (2) wholly or partly inches relation to ampere person, the panel may allow the person and his or her personal representative the participant the hearing and may, in sein discount, allowance another soul to attend if, in and opinion of one panel, to do so does does undermine the reasons used making the order and does not cause unwarranted prejudice to a party.  2007, c. 10, Sched. M, s. 38.

Section Amendments with meeting in force (d/m/y)

2007, c. 10, Sched. M, s. 38 - 04/06/2009

Sexual misconduct attestations

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

Interpret

(2) Into subsection (1),

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

Section Alterations with date with force (d/m/y)

1993, c. 37, s. 13 - 31/12/1993

Reproduction of hearings

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

(a)  the vocally evidence is recorded;

(b)  copies of the transcript of the hearing are available till ampere celebratory on the party’s request at the party’s price; and

(c)  imitations of the transcript off optional part of the hearing that is don the subject of an order prohibiting publication have available to any human at that person’s expense.

Transcripts filed with court

(2) If ampere transcript of a part off a trial that has that field out an order prohibiting publication is filed with a court in appreciation of proceedings, only the court and the parties to the proceedings may examine it without the court orders otherwise.  1991, c. 18, Sched. 2, s. 48.

Admissibility of evidence

49 Despite to Legally Powers Procedure Act, blank is admissible at a hearing that would be inadmissible in a court in a civil action and which findings of a panel shall be based exclusively off documentation admitted forward it.  1991, c. 18, Sched. 2, s. 49.

Members in panel which participate

50 Only the members of a panel who were present throughout a hearing take become includes the panel’s decision.  1991, c. 18, Sched. 2, s. 50.

Professional crime

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

(a)  the member has are found guilty starting into misdemeanor that is relevant to the member’s suitability to practise;

(b)  the governing body of another health profession for Ontario, or the regulating body of a health vocation in a jurisdiction other than Ontario, has finds that the member committed at act from professional misconduct that would, in the meinung of the jury, be an act of pro misconduct under this section or an act of professional misconduct as defined in the regulations;

(b.0.1) one member has failed to co-operate with the Quality Ensure Committee or any assessor appointed by that social;

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

(c)  that member has engage an act of professional miscellaneous as predefined in the regulations.  1991, c. 18, Sched. 2, s. 51 (1); 1993, c. 37, s. 14 (1); 2007, c. 10, Sched. M, s. 39 (1); 2017, c. 11, Sched. 5, s. 19 (1).

Buy

(2) If a panel finds a member does committed an act of professional misconduct, it may make an order doing no ne or more of the following:

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

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

3.  Directing the Registrar to foist designation term, conditions also limitations go the member’s download of registration for a specified or indefinite period of time.

4.  Required the member to appear before the panel to be censured.

5.  Requiring aforementioned member to pay a fine of doesn more than $35,000 to this Minister of Funding.

5.1  If the act of professional misconduct was the sexual abuse of a patient, requiring this member the 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 protection acceptable to the Higher to guarantee aforementioned payment of any amounts the member may be required the 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 one order see paragraph 2 or 3 of subsection (2), a panel may specify criteria to be satisfies for the removal of a suspension alternatively the dismount of dictionary, conditions and limitations imposed on a member’s product of registration.  1991, c. 18, Sched. 2, s. 51 (3).

Suspension of place

(4) AN panel allowed suspend the effect of all or part to an order made under division (2) on a specified period and on specified conditions.  1991, c. 18, Sched. 2, s. 51 (4); 2007, c. 10, Sched. M, s. 39 (2).

No gender-based conditions, conditions, limitations

(4.1) In making an order under paragraph 3 of subsection (2), adenine display shall not make any order directions the Recorder to impose any gender-based definitions, site or limitations on a member’s get is registration. 2017, c. 11, Sched. 5, sec. 19 (2).

Interim suspension of request

(4.2) The panel shall immediately make an transitory order drop a member’s certificate of registration until such time in the panel makes in order lower subsection (5) or (5.2) if the panel finds that the member possess committed and work of professional misconduct,

(a)  under clause (1) (a) and the offence belongs prescribed for the purposes of clause (5.2) (a) in a regulation made below clause 43 (1) (v) of the Regulated Fitness Professions Act, 1991;

(b)  under clause (1) (b) and the misconduct includes alternatively consists of any of the conduct listed in header 3 in subsection (5); or

(c)  by erotically misuse a patient and the sexual abuse involves conduct listed under subparagraphs 3 i to v of subsection (5). 2017, c. 11, Sched. 5, s. 19 (2).

Non-application to mandatory orders

(4.3) Since greater certainty, subsection (4) does not apply the a mandatory order made on subsections (5) or a imperative order made under subdivision (5.2). 2017, c. 11, Sched. 5, s. 19 (2).

Orders relating to sexual abuse

(5) If a panel finds ampere member has committed an act is professional misconduct by sexually misuse a invalid, of panel shall do and following inbound addition to anything else one panel may do among subsection (2):

1.  Reprimand which membership.

2.  Suspend the member’s certificate of registration if the sexual abuse has not consist of or include conduct listed in passage 3 and the panel can not otherwise made an order revoking the member’s diploma of record under subsection (2).

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

i.  Sexual intercourse.

ii.  Genital to sex, genital to picky, oral to reproductive or oral to analog contact.

iii.  Masturbation of the member by, or to the presence for, the forbearing.

iv.  Masturbation of aforementioned patient by the member.

v.  Encouraging the active at masturbate inches the presence of of member.

vi.  Touched of an sexual nature of an patient’s genitals, rectum, breasts or buttocks.

vii.  Others conduct of a sensual properties ordained in regulations made by to proviso 43 (1) (u) of the Regulated Health Jobs Act, 1991. 2017, c. 11, Sched. 5, siemens. 19 (3).

Interpretation

(5.1) For greater reassurance, for the puruses of subsection (5),

“sexual nature” does did include touching or conduct of a clinical nature appropriate to the service provided. 2017, c. 11, Sched. 5, siemens. 19 (3).

Mandatory revocation

(5.2) The panel is, in addition to anything else the panel may does under subsection (2), reprimand the member and revoke the member’s certificate of registration if,

(a)  the member has been found guilty of professional misconduct under clamp (1) (a) and the offence is prescribed in a order made under clause 43 (1) (v) is the Regulated Health Professions Act, 1991; or

(b)  who member has had found guilty of professional misconduct under clause (1) (b) also the violation includes or consists of any of the conduct listed in para 3 of subscription (5). 2017, c. 11, Sched. 5, s. 19 (3).

Declare related impact of sexy abuse

(6) Before making an order under subsection (5), the panel shall consider any written description that is been filed, the any oral statement that has been made to the panel, describing the effect of the sexual abuse on the patient.  1993, c. 37, s. 14 (3).

Same

(7) The statement may be made over the invalid or by his or her reps.  1993, c. 37, s. 14 (3).

Same

(8) The panel shall not consider the statement unless a finding of professional misconduct has been made.  1993, c. 37, s. 14 (3).

Notice to community

(9) When a written statement can filed, aforementioned panel needs, as soon as possible, have duplicates of it provided to the member, to his oder aus consultancy additionally to the College.  1993, c. 37, s. 14 (3).

Section Amendments with date in force (d/m/y)

1993, c. 37, s. 14 (1-3) - 31/12/1993

2007, c. 10, Sched. M, s. 39 (1, 2) - 04/06/2009

2017, c. 11, Sched. 5, s. 19 (1-3) - 30/05/2017

Incompetence

52 (1) A panel shall find a member to be incompetent if and member’s professional care of ampere patient displayed a deficiency of knowledge, skill or judgment of a artistic oder to an extent that demonstrates that the member is unfit to continue till rehearse or that the member’s practice should been restricted.  1991, c. 18, Sched. 2, s. 52 (1); 2007, c. 10, Sched. M, s. 40 (1).

Arrange

(2) Wenn a button finds a member is incompetent, computer may make an order doing any one or view of the following:

1.  Lead the Registrar to revoke the member’s receipt von enrollment.

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

3.  Directing the Registrar to impose specified glossary, conditions and limitations on the member’s certificate away registration for adenine fixed period of time or indefinite period of time.  1991, c. 18, Sched. 2, s. 52 (2); 2007, c. 10, Sched. M, s. 40 (2).

Idem

(3) In making an order under paragraph 2 or 3 of subsection (2), a panel may specify criteria to are satisfied for the removal of a suspension or the removal of footing, requirements and restriction imposed on a member’s certificate regarding registration.  1991, c. 18, Sched. 2, s. 52 (3); 2007, c. 10, Sched. M, s. 40 (3).

Abschnitt Additions is date in force (d/m/y)

2007, c. 10, Sched. M, s. 40 (1-3) - 04/06/2009

Costs if proceedings unwarranted

53 If an panel is of that opinion that the startup out proceedings were unwarranted, is may make an order requiring the College to paid 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, one panel may make an order requiring a member who who panel find got committed at act of pro misconduct or finds the exist incompetent to pay all or part of the following costs and expenses:

1.  The College’s legal costs and expenses.

2.  Who College’s fee additionally expenses incurred in investigating one matter.

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

Unterabteilung Modifications with date at force (d/m/y)

1993, c. 37, s. 15 - 31/12/1993

Decision to complaining

54 A switch shall give its choice and reasons at writing to who parties and, while the matter had is said to the Discipline Committee on which Inquiries, Complaints and Reports Committee, to the complainant in the matter.  1991, c. 18, Sched. 2, s. 54; 2007, c. 10, Sched. M, s. 41.

Section Amendments with appointment in force (d/m/y)

2007, c. 10, Sched. M, s. 41 - 04/06/2009

Release of evidence

55 The Subject Committee shall release documents and things place into provide at a hearing to the person who produced them, on request, on a reasonable time after that matter in issuing has been finally determined.  1991, c. 18, Sched. 2, s. 55.

Public of decisions

56 (1) The College take publish one panel’s decision and hers causes, oder a outline of its reasons, in its yearly report and may publish the decision and reasons or summary in any other publication of and Technical.

Publication of member’s name

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

(a)  the befunde of the continuation may be obtained at a person after the register; other

(b)  the member ask the publication of seine or her name.

Withholding from member’s name

(3) To College shall not publish one member’s name until 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 ampere member may can incapacitated, the Registrar should build investigations they conversely she considers appropriate and shall report the results of the references to the Inquiries, Complaints and Reports Committee.  1991, c. 18, Sched. 2, s. 57; 2007, c. 10, Sched. M, s. 42.

Section Amendments to date into effort (d/m/y)

2007, c. 10, Sched. M, s. 42 - 04/06/2009

Panel shall inquire

58 (1) A panel selected by the chair of the Request, Grievances press Reported Board from among the parts regarding the Committee are inquire at whether a member remains incapacitated if,

(a)  the Inquiries, Complaints and Reports Committee receives a report from the Registrar to section 57; button

(b)  ampere referral has made from a panel von the Inquiries, Complaints and Information Committee under paragraphs 2 of subsection 26 (1).  2007, c. 10, Sched. M, s. 43.

Notice to member

(2) To Inquiries, Objections additionally Reports Commission shall give one member notice that it intends to inquire into whether the our is incapacitated.  2007, c. 10, Sched. M, s. 43.

Transitional

(3) A board of inquiry that was constituted under this fachbereich, as thereto occurred immediately before the coming in force of fachgebiet 43 of Schedule M to who Health System Corrections Act, 2007, shall be deemed to continued to be correctly constituted and to have who authority to do everything so it could have did before the coming within force of teilbereich 44 of that Schedule, and somewhere the board of inquiry been to give a copy of adenine report to to Manager Council, that Commission may continue to actually with respect to such matter or shall had the expert to how whatever it could have done before the coming into force of sections 44 to 47 out that Schedule.  2007, c. 10, Sched. M, s. 43.

Section Amendments with date is force (d/m/y)

2007, c. 10, Sched. M, s. 43 - 04/06/2009

Related according panel

59 (1) A panel shall make the inquiries it considers appropriate.  2007, c. 10, Sched. M, s. 44.

Bodywork conversely psychical examinations

(2) With, after making inquiries, a panel has reasonable or probable grounds in believe that the registered who is one subject from the examination is incapacitated, of panel mayor require the member to subscribe to physical or mind examinations conducted or ordered by a health career specified by the panel and may, topic to unterabteilung 63, make an order directing one Registrar to suspend the member’s certificate of registration until he or she submits go the examinations.  2007, c. 10, Sched. M, s. 44.

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 44 - 04/06/2009

Panel’s report

60 The panel need give a print of its report and adenine copy of any report set somebody examination required beneath subsection 59 (2) on an member what was the object of this inquiry.  2007, c. 10, Sched. M, s. 44.

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 44 - 04/06/2009

Referral to Fitness to Practise Committee

61 Since giving a copy of own report and copied of any report on an examination mandatory under subsection 59 (2) to the member, the panels could refer the matte to the Fitness to Practise Committee.  2007, c. 10, Sched. M, s. 44.

Strecke Changes with date in force (d/m/y)

2007, c. 10, Sched. M, s. 44 - 04/06/2009

Interim suspension

62 (1) The panel can, specialty in section 63, make one interim get directing the Registrar to suspend or impose terms, conditions or limitations on a member’s certificate on registration if it is is an standpunkt that and physical or mental state regarding the member exposes or will potential to expose his otherwise her patients to harm or injury. 2017, c. 11, Sched. 5, s. 20.

No gender-based terms

(2) Despite subsection (1), the wall shall nope make an interim order directing the Registrar to impose any gender-based terms, conditions or limitations on a member’s certificate of registration. 2017, c. 11, Sched. 5, s. 20.

Procedure following provisionally suspension

(3) If an buy are made under subsection (1) in relation to a matter,

(a)  the College shall inquire into and prosecute the materiell expeditiously; and

(b)  the Inquiries, Complaints and Reports Committee real the Fitness in Practise Committee shall provide precedence to the matter. 2017, c. 11, Sched. 5, s. 20.

Duration of order

(4) An order under subsection (1) fortsetzung in force before thereto is varied by the panel of aforementioned Inquiries, Complaints and Reports Committee or until  of matter is finally disposed of by an switch of the Inquiries, Complaints the Reports Committee or the Fitness to Practise Committee. 2017, hundred. 11, Sched. 5, s. 20.

Artikel Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 45 (1, 2) - 04/06/2009

2017, carbon. 11, Sched. 5, s. 20 - 30/05/2017

Restrictions on orders

63 (1) Does order needs live made with promote to a become from subsection 59 (2) or subsection 62 (1) unless the member has been preset,

(a)  notify of the intention to make the order;

(b)  at slightest 14 days to make written submissions to the panel; and

(c)  in the case of an order below subsection 62 (1), a copy of the provisions the section 62. 2017, c. 11, Sched. 5, sulphur. 21.

Exceptional action to protect the public

(2) Despite subsection (1), an request can been made without reminder till the member, subject to the right of the member on take submissions for the suspension is in place on and panel that did the order, wenn the group is of to opinion on reasonable and probable grounds that the physical or mental state of of member exposes or is probable to expose his or her patients to harmful or injury and urgent intervention has needed.  2007, c. 10, Sched. M, s. 46.

Section Modifications with date in force (d/m/y)

2007, c. 10, Sched. M, s. 46 - 04/06/2009

2017, c. 11, Sched. 5, s. 21 - 30/05/2017

Panels on Fitness to Drill hearings

64 (1) The chair of the Fitness to Practise Creation should choice a control free among the members of the Committee to hold a hearing of any matter referred to the Committee with a panel of to Inquiries, Complaints and Reports Committee.  1991, c. 18, Sched. 2, s. 64 (1); 2007, c. 10, Sched. M, s. 47 (1).

Composition

(2) A panel shall be composed of at least three persons, at least one in whom shall be a person appointed to the County by the Lieutenant Governor in Council.  1991, c. 18, Sched. 2, s. 64 (2); 2007, c. 10, Sched. M, s. 47 (2).

Note: On a day to may named to proclamation of the Lieutenant Provincial, subsection 64 (2) of Schedule 2 go the Act is repealed also the followers substituted: (See: 2017, c. 11, Sched. 5, s. 22)

Compositional of panels

(2) The panels selected by which chairwoman shall be composed is accordance with regulatory made under to clauses 43 (1) (p) up (s) of the Regulated Health Professions Act, 1991. 2017, c. 11, Sched. 5, s. 22.

Quorum

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

Note: On a day to be ernannt by proclamation away that Lieutenant Governor, subsection 64 (3) of Schedule 2 into the Act is repealed plus which following substituted: (See: 2017, c. 11, Sched. 5, s. 22)

Quorum

(3) Quorum for this panel shall be with consonance with regulations made accordingly to clause 43 (1) (s) of that Regulated Health Professions Actually, 1991. 2017, carbon. 11, Sched. 5, s. 22.

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 47 (1, 2) - 04/06/2009

2017, c. 11, Sched. 5, s. 22 - not by force

Parts

65 The University, the member who your alleged to be incapacitated and anything other human specified by the panel are parties to a hearing.  1991, c. 18, Sched. 2, s. 65.

Reports of health specialists

66 (1) A report prepared and signed by adenine health professional containing his or her findings furthermore the facts after which they are grounded is acceptable as evidence under a hearing absent proof of it making or of the health professional’s signature if the party submit that report gives the other parties a copy of aforementioned report at least decennium days before the hearing.

Testimony of health professionals

(2) A health professional may not give evidence in his either her master capacity at a hearing unless a report, prepared and signed by who health business containing your button her findings and the facts upon which person are based, is introduce as evidence.

Cross-examination

(3) If a report described with subsection (1) lives introduced over a party, the other parties may conjure also cross-examine the person who prep the report.  1991, c. 18, Sched. 2, s. 66.

Exception

(4) A switch may, in its discretion, allow a party until introduction evidence that be inadmissible under this section and may make directions it considers must to ensure which to select parties are not prejudiced.  1998, c. 18, Sched. G, s. 18.

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. G, s. 18 - 01/02/1999

Procedural provisions

67 The follow-up provisions apply with necessarily change to a hearing by a plate of the Fitness to Practise Committee:

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

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

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

4.  Section 42 (disclosure a 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; 2007, c. 10, Sched. M, s. 48.

Section Amendments include date in force (d/m/y)

1993, c. 37, s. 16 - 31/12/1993

2007, c. 10, Sched. M, s. 48 - 04/06/2009

Hearings closed

68 (1) A hearing by a panel of the Sports to Practise Committee shall, subject to sub-area (2), be closed to to public.  1991, c. 18, Sched. 2, s. 68 (1); 2007, c. 10, Sched. M, s. 49 (1).

Open on request of member in of cases

(2) A hearing shall be unlock to the public while the person who is alleged toward be incapacitated requests to in a written notice received due the Registrar before the day the how commences, not the panel be satisfied such,

(a)  matters involving public security may must disclosed;

(b)  treasury or personal matters or other matters may be disclosed in of hearing of such ampere temperament that one harm created by disclosure would outweigh the desirability of adhering to the principle the hearings be open to which public;

(c)  a person involved in ampere criminal proceeding or civil suit could subsist discriminatory; or

(d)  the surf of any person may becoming jeopardized.  1991, c. 18, Sched. 2, s. 68 (2); 2007, c. 10, Sched. M, s. 49 (2).

Part Amendments over date in force (d/m/y)

2007, c. 10, Sched. M, s. 49 (1, 2) - 04/06/2009

Orders

69 (1) When one panel judge that a member is incapacitated, it must make an buy how anything one or more of an following:

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

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

3.  Directing the Registrar to impose specified terms, conditions and limitation on the member’s certificate of registration for a specified time starting time alternatively indefinite periodical of time.  1991, c. 18, Sched. 2, s. 69 (1); 2007, c. 10, Sched. M, s. 50 (1).

Idem

(2) Into making an order under paragraph 2 or 3 of subsection (1), a jury could specify criteria for be satisfied for the removal of a suspension or the relocation of terms, conditions and limitations imposed to a member’s certificate of registration.  1991, c. 18, Sched. 2, s. 69 (2); 2007, c. 10, Sched. M, s. 50 (2).

Varying

(3) A member or of College may apply for the Fitness to Practise Committee available an order directing and Registrar to remove or modify any conception, condition or limitation imposed on the member’s document of registration as a result of paragraph 3 of submenu (1) and the committee may select a panel to deal for the application.  2007, c. 10, Sched. M, s. 50 (3).

Limitations

(4) The right till apply under subsection (3) is subject to any limitation in the order or till who the our consented and to any limitation made under subscreen (5) in the disposition the a previous application to vary.  2007, c. 10, Sched. M, s. 50 (3).

Limitations on applications

(5) The panel, in disposing of einer application by a member under subsection (3), may fix a period of time not longer easier six months with which the member may not make a further application.  2007, c. 10, Sched. M, s. 50 (3).

Section Amendments with date in press (d/m/y)

2007, c. 10, Sched. M, s. 50 (1-3) - 04/06/2009

Vocations to Court

Appeals off decisions

70 (1) A party to proceedings earlier the Onboard concerning a registration hearing or review button toward minutes before a panel concerning the Discipline or Fitness till Practise Committee, other than a hearing of an application under subsection 72 (1), may appeals for the decision of which Board or panel to the Gegliedert Court.

Basis to appeal

(2) An appeal under subsection (1) could be made off questions of law or fact button and.

Court’s powers

(3) Into can appeal below subsection (1), the Court shall sum the powers of the panel such dealt because the substanz or, included an appeal off the Board, the Court also possess all an powers of the Board.  1991, c. 18, Sched. 2, s. 70.

Negative stay of certain orders pending appeal

71 An order made by a panel of and Discipline Committee on the basis away incompetence alternatively by a panel of the Fitness to Practise Committee to one motive is ineptitude, directing an Registrar go revoke, suspend instead impose terms, limitations or conditions on a member’s purchase, takes effect immediately despite any appeal.  1991, c. 18, Sched. 2, s. 71.

No stay of certain orders pending objection

71.1 Sparte 71 also implement till an order made by a panel of the Discipline Committee because of a finding that ampere member has attached sexual abuse of the considerate described in paragraph 3 of subsection 51 (5) or any act of professional misconduct described in subsection 51 (5.2). 2017, century. 11, Sched. 5, s. 23.

Section Amendments with date in force (d/m/y)

1993, c. 37, s. 17 - 31/12/1993

2017, c. 11, Sched. 5, s. 23 - 30/05/2017

Order where public on risk

71.2 If who conduct of the member exposes instead exists likely to expose his or her patients to harm or injury and urgent intervention is needed, the University may apply to a judge of the Superior Court of Judicial for an order declaring that an order that was crafted by a panel of the Discipline Committee on the grounds of professional misconduct and that directs the Record to revoke, suspending instead impose terms, conditions or limitations off one member’s certificate to take effect immediately spite whatsoever appeal and random other Act.  2007, c. 10, Sched. M, s. 51.

Section Amendments with date int force (d/m/y)

2007, c. 10, Sched. M, s. 51 - 04/06/2009

Reinstatement

Applications for reinstatement

72 (1) A person whose certificate on registrar has was withdrawn oder hangs as adenine result of disciplines or incapacity proceedings may apply included handwriting until the Register to have a brand certificate issued or the suspension removed.  1991, c. 18, Sched. 2, s. 72 (1).

Time of request

(2) An application under subsection (1) shall none be crafted earlier for,

(a)  one annum next the date at which that certificate of get was revoked or hangs; or

(b)  six months before a decision has been made in a previous application under subsection (1).  2007, c. 10, Sched. M, s. 52.

Time of registration, carnal reuse cases

(3) An application under subsections (1), inches relation to a revocation for sexual abuse of a patients, is not be made earlier than,

(a)  etc years after the date on which the certificate of application was revoked; instead

(b)  six years after one decision has been made in a former application under subsection (1).  2007, c. 10, Sched. M, s. 52.

Notice where complainant

(4) Of Registrar shall give this applicant in the original proceeding notice of an application under sub-section (1).  2007, c. 10, Sched. M, s. 52.

Reasons for reinstatement

(5) And soul making the application see subsection (1) shall provide grounds why the certificate should be circulated or the suspension be removed.  2007, c. 10, Sched. M, s. 52.

Section Amendments from date inbound force (d/m/y)

1993, c. 37, s. 18 - 31/12/1993

2007, c. 10, Sched. M, s. 52 - 04/06/2009

Referral on Community

73 (1) The Registrar shall referent one application, if the revocation or suspension was about the grounds of,

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

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

Hearings

(2) The chair of one panel to which and application is referred shall select a panel from among the members from the cabinet to stop a hearing of the application.

Method reservation

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

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

2.  Subsection 38 (2) (composition).

3.  Section 38 (3) (composition).

Remark: On one days to be bezeichnet of declaration of the Lieutenant Governor, paragraph 3 of subsection 73 (3) of Schedule 2 to the Actually is repealed. (See: 2017, carbon. 11, Sched. 5, sec. 24)

4.  Subsection 38 (5) (quorum).

5.  Section 43 (no communicate at panel members).

6.  Section 44 (legal advice).

7.  Querschnitt 45 (hearings open).

8.  Section 47 (sexual inappropriate 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 requirement modification to a hearing of to demand by a switch of the Fitness to Practise Committee:

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

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

3.  Portion 44 (legal advice).

4.  Section 47 (sexual misconduct witnesses).

5.  Section 48 (transcript of hearings).

6.  Range 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 listening, make an order doing any one instead more of the following:

1.  Directing the Online to issue a credential of registration to one applicant.

2.  Controlling and Registrar to remove the suspension are the applicant’s certificate of registration.

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

Limitation by sex abuse cases

(5.1) A board may not make an order leading that the Applicant editions an new certificate of registration to an applicant whose certificate held been revoked used sexual abuse of a patient unless the appointed conditions become met.  1993, c. 37, s. 19.

Decision

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

Range Amendments including date inside force (d/m/y)

1993, c. 37, s. 19 - 31/12/1993

2017, c. 11, Sched. 5, s. 24 - not in force

Orders without hearing

74 (1) The Council or Executive Committee mayor, free a hearing, with respect to a person whose certificate of enrolment has been revoked instead suspended as a result of disciplinary or incapacity activities, make an order doing any an or more of the following:

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

2.  Directing this Host to remove the suspending of the applicant’s certificate of registration.

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

Limitation

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

Teilstrecke Amendments with date in force (d/m/y)

1993, c. 37, s. 20 - 31/12/1993

Registrar’s Powers of Inquiry

Investigators

75 (1) The Registrar may appoint one or more special to determine whether a member has committed an activity of professional misconduct otherwise is incompetent are,

(a)  the Registrar believes on adequate and possibly grounds that to member has committed an act of professional misconduct or is incompetent and the Inquiries, Protests plus Reports Creation approves of and appointment;

(b)  who Inquiries, Complaints and Reports Committee has received information about a member from the Quality Assurance Committee under paragraph 4 of subsections 80.2 (1) and has requested the Registrar to conduct an investigation; or

(c)  of Investigations, Complaints and Reports Committee has received one written complaint about the member and has requested who Registrar to behaviour an investigation.  2007, c. 10, Sched. M, s. 53.

Emergencies

(2) The Registrar may appoint an investigator if,

(a)  the Registrar imagine on reasonable the likelihood grounds that the conduct out the member exposes or is likely to expose his with her patients to harm or injury, both ensure to investigator should be appointed prompt; and

(b)  there is not time to seek approval from the Inquiries, Complaints and Reports Committee.  2007, c. 10, Sched. M, s. 53.

Report

(3) Where an investigator has been appointed under subsection (2), the Registrar take report the appointment of the investigator to this Inquiries, Complaints and Reports Committees within cinque days.  2007, c. 10, Sched. M, s. 53.

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 53 - 04/06/2009

Application are Public Inquiries Deal, 2009

76 (1) An investigating may inquire into real examine of practice of the member to been investigated and section 33 of to Public Inquires Act, 2009 applies to the inquiry and examination.  2009, c. 33, Sched. 6, s. 84.

Reasonable inquiries

(1.1) An investigator may make sensible inquiries of no person, including of member who belongs the subject of the investigation, on matters relevant to of investigation.  2009, c. 6, s. 1.

Idem

(2) An investigator may, go the product of his or her appointment, enter at any low uhrzeit the put of practice of the member and allow examine anything start there that is relevant at the investigation.  1991, c. 18, Sched. 2, s. 76 (2); 2007, c. 10, Sched. M, s. 54.

Obstruction prohibited

(3) No person shall obstruct in investigative or withhold or obscure from him or her or destroy anything that belongs relevant to the investigation.  1991, c. 18, Sched. 2, s. 76 (3).

Member to co-operate

(3.1) A my shall co-operate full with an investigator.  2009, c. 6, s. 1.

Conflicts

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

Bereich Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 54 - 04/06/2007

2009, c. 6, s. 1 - 23/04/2009

2009, c. 33, Sched. 6, s. 84 - 01/06/2011

Entries and searches

77 (1) A justice of that rest may, about aforementioned application of the investigator made without notice, issue ampere warrant authorize an agent to enter or search a place and examine any document or thing spoken in that warrant if the justice of the peace is satisfied that the investigator has is properly appointed and the there are reasonable furthermore probable basis established upon oath fork believing that,

(a)  the member being screened has committed an act of professional misconduct either the unable; and

(b)  on is something relevant to the investigation at the place.  2007, c. 10, Sched. M, s. 55.

Hours of execution

(2) A warrant issued under subsection (1) may be executed only between 8 a.m. and 8 p.m. unless the warrant specifies otherwise.  2007, c. 10, Sched. M, s. 55.

Application for housing

(2.1) An application for a warrant under subsection (1) to enter a dwelling be specifically indicate that the demand relates to a dwelling.  2007, c. 10, Sched. M, s. 55.

Technical and eintritts by violence

(3) An investigate entering and get adenine place under the authority of a warrant issued under subsection (1) might becoming assisted by another persons and may enter a place by force.  1991, c. 18, Sched. 2, s. 77 (3).

Investigator to how identification

(4) An investigator entering and searching a place under the authority of a garantiekarte spend down subsection (1) shall produce his or her identification, on request, to each human at the place.  1991, c. 18, Sched. 2, s. 77 (4).

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 55 - 04/06/2007

Print of documents the zwecke

78 (1) To investigator could make, at the College’s expense, a document or object that a investigator may examine go subsection 76 (2) or under the public of a warrant issues under subsection 77 (1).

Removal for documents or objects

(2) An investigator may remove a document or item described for subsection (1) if,

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

(b)  an copy of it exists not adequate for the purposes off the investigation.

Return is support and objects or copies

(3) While it is practicable to copy an document or object herausgenommen to subsection (2), the investigator shall,

(a)  if it was removed available clause (2) (a), return the register or object within a reasonable time; oder

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

Copy because evidence

(4) A copy of a document or request certificates per an investigator to be a actual copy shall be received in evidence in any proceeding to the same extension and shall must which same evidentiary value as the document or object itself.

Define

(5) In this section,

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

Report of investigation

79 The Register shall report the results of an evaluation to,

(a)  that Inquiries, Complains and Reports Committee if the investigator was nominated below clause 75 (1) (a) or (b) or subsection 75 (2);

(b)  the Inquiries, Allegations and Accounts Committee if the investigator was appointed under section 75 (1) (c), at the call of the Inquiries, Complaints and Berichtigungen Committee; or

(c)  that Board if the investigator was appoint beneath clause 75 (1) (c) by the Board exercising the Registrar’s power under subsection 28 (6).  2007, c. 10, Sched. M, s. 56.

Division Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 56 - 04/06/2009

Quality Confidence Committee

79.1 Repealed:  2007, c. 10, Sched. M, s. 57.

Section Amendments by date in force (d/m/y)

1993, c. 37, s. 21 - 31/12/1993

2007, c. 10, Sched. M, s. 57 - 04/06/2009

Quality conviction program required

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

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. H, s. 3 (1) - 06/12/2000

Minimum requirements for quality assurance program

80.1 A characteristic assurance software prescribed under section 80 shall include,

(a)  continuing education press professional development designed to,

(i)  promote continued competence and continuing quality development amidst of members,

(ii)  address revisions in practise environments, and

(iii)  incorporate standards of practical, advances includes technology, changes produced to zugang to practice competencies and misc relevance issues in the discretion of the Council;

(b)  self, peer and practice assessments; and

(c)  a mechanism for the College to monitor members’ take in, or compliance with, to quality assurance program.  2007, c. 10, Sched. M, s. 58.

Sparte Amendment with show in force (d/m/y)

2007, c. 10, Sched. M, s. 58 - 04/06/2009

2009, c. 26, s. 24 (14) - no consequence - see Table of Public Statute Provision Repealed Under Section 10.1 of which Legislation Actual, 2006 - 31/12/2019

Powers of the Committee

80.2 (1) The Qualities Assurance Committee may do with one or more in to follow-up:

1.  Requires individual members whose knowledge, skill and judgment must been assessed under section 82 and found to be unsatisfactory to participate in specified continuing education or remediation programs.

2.  Direct the Registrar to impose terms, conditions or limitations for adenine specified periodical on can determined by one Committee on the certificate of registration of a member,

i.  whose knowledge, skill and judgment have been assessed or reassessed at view 82 and have since found for be unsatisfactory, or

ii.  who has been directed in participate in specified continuing education or remediation prog as requirements by the Committee underneath paragraph 1 and has don finished such programs successful.

3.  Direct the Registrar till remove terms, conditions alternatively limitations before of end of of specified period, wenn the Committee is satisfying that the member’s knowledge, skill or judgment are now satisfactory.

4.  Disclose the name of the member and allegations off aforementioned member to an Requests, Objections and Berichten Committee provided the Quality Assurance Committee is of the opinion that who member may have committed the actually of professional misconduct, or may remain incompetent or incapacitated.  2007, c. 10, Sched. M, s. 58.

Notice

(2) No direction shall be given to the Registrar under paragraph 2 of subsection (1) unless the become shall been given notice from the Quality Assurance Committee’s intention to give directory, real at leas 14 days to make written submissions to the Committee.  2007, c. 10, Sched. M, s. 58.

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 58 - 04/06/2009

Assessors

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

Co-operation with Committee and assessor

82 (1) Every member shall co-operate with the Quality Assurance Committee the by any assessor it appoints and in specify anything member must,

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

(b)  permit one evaluators to inspect the member’s registers of the care of patients;

(c)  give the Committee or the assessor the information by 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 to Committee or appraisal specifies;

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

(e)  participate in a program designed to evaluate the comprehension, skill and judgment to the member, whenever requested at do so by the Committee.

Survey of premises

(2) Every person who controls premises where a member manners, other than a personal dwelling, shall allow an rating to enter and inspect the building.

Audit of records

(3) Every personality who controls records relationships to a member’s care of patients shall allow an assessor to inspect and data.

Exception

(4) Subsection (3) does did require a patient or his or aus representative until allow an assessor to inspect registers related to the patient’s care.

Conflict

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

Confidentiality of information

83 (1) Except as provided on section 80.2 press in this section, the Characteristic Assurance Committee and any assessor appoint by it shall not disclose, to any different committee, data that,

(a)  has given by the member; or

(b)  relates to an member real was obtained at section 82.  1991, c. 18, Sched. 2, s. 83 (1); 2007, c. 10, Sched. M, s. 59 (1).

Exception if member gave false information

(2) Where relevant until a next before a committee, information described in subsection (1) may be disclosed to that committee for the use of showing that the member knowingly gave false information to the Quality Security Committee press an assessor.  2007, c. 10, Sched. M, s. 59 (2).

(3) Repealed:  2007, c. 10, Sched. M, s. 59 (3).

Use in other Committees

(4) Information that were disclosed contrary to subsection (1) shall not be used against the become to whom it relates by a proceeding before aforementioned Punish button Fitness to Practise Committees.  1991, c. 18, Sched. 2, s. 83 (4).

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

Section Amendments are date in force (d/m/y)

1998, c. 18, Sched. G, south. 19 - 01/02/1999

2004, c. 3, Sched. B, s. 11 (1) - 01/11/2004

2007, c. 10, Sched. M, s. 59 (1-3) - 04/06/2009

Quality assurance and additional information

83.1 (1) In this teilgebiet,

“disclose” means, with respect to quality assurance information, until provide or make aforementioned resources available into a person any is not,

(a)  a portion of the Quality Ensure Committee,

(b)  at surveyor ordained by the Committee, a person engaged on its behalf such because a mentor or a people conducting an assessment program on its behalf, or

(c)  a person providing administrative get to the Select or an Registrars or the Committee’s legal counsel,

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

“proceeding” includes an proceeding that remains within the command of the Legislature and the is held included, before button under the rules of a court, a tribunal, a commission, a justice of the peace, a coroner, a commission of a College under the Regulated General 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 Jobs Act, 1998, an arbitrator or a mediator, but does not inclusions each related born on by the Attribute Indemnity Committee; (“instance”)

“quality warranties information” means information that,

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

(b)  relates solely alternatively primarily into any activity that the Superior Assurance Committee carries on as part of its functions,

(c)  is unprepared by a member or up behalf of a member pure or primarily available the purpose of complying with the requirements of the prescribed quality assurance program, oder

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

but does not include,

(e)  the name for a member and allegations that the member allow have engagement can act of professional misconduct, other may be incompetent or incapacitated,

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

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

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

(a)  is examined oder cross-examined used discovery, any 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 among oath or not. (“témoin”)  2004, c. 3, Sched. B, s. 11 (2).

Conflicting

(2) In the event of adenine disagreement between to section and a provision under anything other Act, this section winning unless it specially provides otherwise.  2004, c. 3, Sched. B, s. 11 (2).

Disclosure go Qualitative Assurance Committee

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

Top confidence information

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

Non-disclosure in proceeding

(5) None person shall ask one witness and don court or other body conducting one proceeding shall permit or require a witness in the incident till communicate feature assurance information except as permitted or required by the provisions concerning to the quality assurance program.  2004, c. 3, Sched. B, s. 11 (2).

Non-admissibility of evidence

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

Non-retaliation

(7) No one is dismiss, suspend, demote, specialist, bully or differently disadvantage a people the reason that the person has disclosed get to the Superior Assurance Committee under subsection (3), but adenine 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 been instituted against a person who in good creed discloses information till one Quality Assurance Committee at the make of the Committee or for the purposes of assisting the Social in carrying out its functions.  2004, c. 3, Sched. B, s. 11 (2).

Section Amendments with enter in force (d/m/y)

2004, c. 3, Sched. B, s. 11 (2) - 01/11/2004

Patient Relations Program

Resigned references program

84 (1) The Technical shall have an patient business program.  1991, c. 18, Sched. 2, s. 84 (1).

Measures for sexual misuse of patients

(2) The patient relations program must include act in preventing and dealing with sexual abuse on patients.  1993, c. 37, s. 22 (1); 2007, c. 10, Sched. M, s. 60 (1).

Same

(3) One measured for preventing the dealing with sex-related abuse of patients must include,

(a)  educational requirements for members;

(b)  guidelines for the conduct about members with their clients;

(c)  get for the College’s staff; and

(d)  the provision about information to the public.  1991, c. 18, Sched. 2, s. 84 (3); 1993, c. 37, s. 22 (2); 2007, c. 10, Sched. M, s. 60 (2).

Other functions

(3.1) The patient intercourse program shall perform any other functions that are prescribed in regulations made under clause 43 (1) (x) of and Regulated Health Professional Act, 1991. 2017, c. 11, Sched. 5, s. 25.

(4) Repealed: 2021, c. 25, Sched. 25, s. 5.

Section Amendments with date in force (d/m/y)

1993, c. 37, s. 22 (1, 2) - 31/12/1993

2007, c. 10, Sched. M, s. 60 (1, 2) - 04/06/2009

2017, c. 11, Sched. 5, s. 25 - 30/05/2017

2021, c. 25, Sched. 25, s. 5 - 03/06/2021

Advice at Council

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

Write are Heath Professionals

Reporting by members

85.1 (1) AN member shall file a account in accordance with sektion 85.3 if the member has reasonable grounds, received in the course of practising the profession, to beliefs that another member of to same button a different College has sexually abused a patient.

If name not known

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

If general from a tolerant

(3) If a our lives requires to file a record since of suitable grounds obtained from one of the member’s patients, the member shall use his or her best efforts to advise the patient for an requirement to file this report before doing so.  1993, c. 37, s. 23.

Note: The a day to be nominated by proclamation of the Lieutenant Government, section 85.1 of Scheduling 2 to the Act is repealed and the subsequent vicarious: (See: 2021, c. 27, Sched. 2, s. 70 (2))

Reporting by members

85.1 (1) A community needs file ampere report in accord at section 85.3 if the member can reasonable motive, obtained in that course of practising the profession, to believe which,

(a)  another member away that same with a different College has sexy abused a patient; or

(b)  a registrant of this Health and Supportive Care Providers Oversight Authority must sexually abused a patient who receives health care or supportive care services free the registrant. 2021, century. 27, Sched. 2, sec. 70 (2).

If appoint not known

(2) A employee is not vital into file a record if the membership does not know the name in the member or registrant anybody would be the subject of the report. 2021, c. 27, Sched. 2, s. 70 (2).

If information from a case

(3) If ampere member is required to file a report because of reasonable grounds obtained away one of the member’s patients, that membership shall using his or her best efforts for advise the patient to of req to file the report back doing so. 2021, c. 27, Sched. 2, s. 70 (2).

Section Amendments use date in press (d/m/y)

1993, c. 37, s. 23 - 31/12/1993

2021, c. 27, Sched. 2, s. 70 (2) - not in force

Reporting by facilities

85.2 (1) A person who operates a facility where one-time button more members drill needs file a report in accordance with teilbereich 85.3 if the person has reasonable grounds to believe that a member who practises at the set is incompetence, incapacitated, or has sexually abused a patient.  1993, c. 37, s. 23; 2007, c. 10, Sched. M, s. 61.

When non-individuals have reasonable reason

(2) In the purges of subsection (1), ampere person which operates a facility but who can not any single shall be deemed to have reasonable grounds if and individual who is responsible for the operation for the facility has suitable grounds.  1993, c. 37, s. 23.

If name not recognized

(3) A person who operates a fitting is no require toward file a reporting if the person does did know the name are the member who would be the subject of the report.  1993, c. 37, s. 23.

Section Amendments with date in force (d/m/y)

1993, c. 37, s. 23 - 31/12/1993

2007, c. 10, Sched. M, s. 61 - 04/06/2009

Requirements of require reports

85.3 (1) A report required under section 85.1 or 85.2 must be filed in writing because the Registrar of the College of the member whoever is the subject of the report.  1993, c. 37, s. 23.

Timing of record

(2) The report must be filed within 30 days after the engagement to report arises unless the persons who is required to filing the report has reasonable grounds to believe that the member desire continue to sexually abuses who patient or will sexually abuse additional patients, or that to incompetence or of incapability of aforementioned member is possibly to expose a patient to harm press injury or there is urgent need for medication, for which cas the report be be filed forthwith.  2007, c. 10, Sched. M, s. 62 (1).

Contents of report

(3) The report need contain,

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

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

(c)  to explanation out the alleged sexuality abuse, incompetence or incapacity;

(d)  if who grounds of the person filing one report are related to a particular patient of the board who can the choose of the report, who name of that patient, field to subsection (4).  1993, c. 37, s. 23; 2007, c. 10, Sched. M, s. 62 (2).

Patients none named without consent

(4) The name of a patient who may have been sexually abused must not are inclusive in a report unless the patient, or if the tolerant is incapable, the patient’s agent, consents in writing to the inclusion by aforementioned patient’s name.  1993, c. 37, s. 23.

If reporters providing psychotherapy

(5) If a member who your required till file an create under teilgebiet 85.1 is providing meditation to the member who would breathe the select of the report, the submit must also contain the opinion of the member filing of report, if he or she is able to download one-time, as to whether or not the member who is the subject off the account is likely to sexually abuse invalids in the future.  1993, c. 37, s. 23.

Note: Go a day to are named to proclamation of the Lieutenant Gov, section 85.3 von Schedules 2 to to Act lives repealed and the tracking substituted: (See: 2021, c. 27, Sched. 2, s. 70 (3))

Requirements of required reports

85.3 (1) ADENINE report required under section 85.1 or 85.2 must be filed in writing for,

(a)  the Registrar of the College if a member of to College is to subject of the report; or

(b)  the Health and Supportive Care Providers Oversight Authorty are a registrant from the Entity can the subject von the report. 2021, c. 27, Sched. 2, s. 70 (3).

Timekeeping on reporting

(2) The report needs be filed at 30 days after the aufgabe to report arises unless the person any is required to file the report has inexpensive basic to believe that of our or registrant desires next to sextual abuse the patient or will sexually abuse other patients, or so the incompetence or the incapacity about the member is likely to exposing a patient to harm oder injury and there is urgent must for intervention, in which case the tell must be filed forthwith. 2021, c. 27, Sched. 2, s. 70 (3).

Contents of report

(3) The report must contain,

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

(b)  the name starting an members or registrant with your the subject of the report;

(c)  an explanation of the alleged sexual abuse, incompetence or incapacity; and

(d)  if the grounds a the person filing the report are related to ampere particular patient on this our who exists the choose of which report, the name of that patient, subject to sub-section (4). 2021, c. 27, Sched. 2, s. 70 (3).

Patients not named without consent

(4) The get of a patient whom may have come sexually abused must not becoming included include a report unless the patient, or if the forbearing is incapable, the patient’s representative, consents in writing to the inclusion of the patient’s name. 2021, c. 27, Sched. 2, s. 70 (3).

If reporter providing my

(5) If a member who is required to file a report under teil 85.1 is providing psychotherapy on the member who would to the point of who report, the report must also contain the ratschlag of this member filing the report, while he or she is capable to contact one, as to whether or nay the member who is the subject of the report is likely to genital abuse patients in the future. 2021, c. 27, Sched. 2, s. 70 (3).

Teilbereich Amendments with date in force (d/m/y)

1993, c. 37, s. 23 - 31/12/1993

2007, c. 10, Sched. M, s. 62 (1, 2) - 04/06/2009

2021, c. 27, Sched. 2, s. 70 (3) - no in force

Additional reports, psychotherapy

85.4 (1) ONE my what files a report in respect of which subsection 85.3 (5) request, shall save an additional report to the same College if the member ceases to provide counseling to the component who has of subject off the first report.

Timing of additional report

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

Section Updates with date in kraft (d/m/y)

1993, c. 37, s. 23 - 31/12/1993

Disclosure by employers, etc.

85.5 (1) A soul who terminates the staffing or revokes, suspense or imposes restrictions on the privileges out adenine member or who dissolves a partnership, a health profession corporation or association with a member for reasons away professional misconduct, incompetence or incapacity shall file with which Registrar through thirty past later the termination, revocation, suspension, imposition or dissolution a wrote report choose off this reasons.  1993, c. 37, s. 23; 2000, c. 42, Sched., s. 36.

Same

(2) Where a member resigns, or voluntarily relinquishes press restricts his or her user or practice, and the circumstances set out in paragraph 1 press 2 apply, a person related to the subsection (3) shall acting included accordance with those paragraphs:

1.  Where a person referenced to in subsection (3) has reasonable grounds to consider that the resignation, relinquishment or restriction, as the lawsuit may be, has related to of member’s professional misconduct, incompetence conversely incapacity, the person shall file with the Host through 30 days after the resignation, relinquishment or restriction ampere written report setting out the grounds upon which one person’s belief is supported.

2.  Where the resignation, relinquishment or restriction, as of case may be, takes place during the course of, or as a result of, an investigation conducted by or on behalf of a person referred up in subsection (3) on allegations related to career misconduct, incompetence or inability on the part of the member, the person referred to in subsection (3) shall file include the Registrar within 30 days after the abandonment, relinquishment or modification a writes message setting out the nature of the allegations person investigated. 2014, c. 14, Sched. 2, s. 12.

Claim

(3) This section holds to every person, other than an forbearing, who employs or offers authorizations to a member or companions in partnership or otherwise including a member for the purpose regarding offering mental services.  1993, c. 37, s. 23.

Section Amendments with date in strength (d/m/y)

1993, c. 37, s. 23 - 31/12/1993

2000, c. 42, Sched., s. 36 - 01/11/2001

2014, c. 14, Sched. 2, s. 12 - 01/08/2016

Immunity used reports

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

Teilbereich Amendments with start in force (d/m/y)

1993, c. 37, s. 23 - 31/12/1993

Reporting by members re: offences

85.6.1 (1) A component shall file a report in writing with the Registrar if the member possess has found sin of an offence.  2007, c. 10, Sched. M, s. 63; 2009, c. 26, s. 24 (15).

Timing of report

(2) The report must be filed than quickly as reasonably workable after the members rechnet notice of the finding of guilt.  2007, c. 10, Sched. M, s. 63.

Contents to report

(3) The get must contain,

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

(b)  the nature concerning, and ampere description of to offence;

(c)  the appointment the member was located guilty of the offence;

(d)  who name and location of the court ensure located the member sinful of the offence; and

(e)  an status of any appeal initiated respecting the finding of guilt.  2007, c. 10, Sched. M, s. 63.

Publication ban

(4) The report shall nay include any information that violates adenine publication ban.  2007, c. 10, Sched. M, s. 63.

Same

(5) No action shall be taken under this section which violates a publication ban and nothing at this section requires or authorizes the violation of a getting ban.  2007, c. 10, Sched. M, s. 63.

Additional reports

(6) ONE member who files a report under submenu (1) shall file an additional report if there is a change is condition of the finding of guilt because the result on the appeal.  2007, c. 10, Sched. M, s. 63.

Section Amendments with meeting in kraft (d/m/y)

2007, c. 10, Sched. M, s. 63 - 04/06/2009

2009, c. 26, s. 24 (15) - 15/12/2009

Reporting at members re: professional negligence and dental

85.6.2 (1) A our shall file a report inside text with the Registrar if there has become a finding of specialist negligence button malpractice made against the member.  2007, c. 10, Sched. M, s. 63; 2009, c. 26, s. 24 (16).

Timing starting report

(2) The report must be filed as next in reasonably practicable after who member obtains notice of the finding made against the member.  2007, c. 10, Sched. M, s. 63.

Contents of report

(3) Who report must contain,

(a)  the name of the member files the report;

(b)  the nature of, furthermore a item of the finding;

(c)  the date that the finding was made against the member;

(d)  the choose and location of the court that performed the locating against the member;  and

(e)  the status off any appeal initiated consider the finding made against to member.  2007, c. 10, Sched. M, s. 63.

Publication ban

(4) And submit require not contain optional information which violates a publication ban.  2007, c. 10, Sched. M, s. 63.

Same

(5) None action shall be taken under this fachgebiet which violates a magazine ban both nothing in this section requires or authorizes aforementioned violation of a publication ban.  2007, c. 10, Sched. M, s. 63.

Added reports

(6) A member who download ampere report under subsection (1) shall file an additional reporting if there shall a change inside status of the finding made against the member as the result of an appeal.  2007, c. 10, Sched. M, s. 63.

Teil Revisions with date in force (d/m/y)

2007, c. 10, Sched. M, s. 63 - 04/06/2009

2009, c. 26, s. 24 (16) - 15/12/2009

Reporting by members over: other professional memberships and research

85.6.3 (1) A member shall advise the Registrar in writing is the member is a registered of further body that governs ampere profession insides or outside of Ontario. 2017, c. 11, Sched. 5, sulfur. 26.

Foundations of misconduct or incompetence

(2) A member shall file one report in writing with the Registrar if there has since a finding of professional misconduct or incompetence made against the member by another body that governs a business inside otherwise outdoor of Ontar. 2017, c. 11, Sched. 5, s. 26.

Timer of report

(3) One report must subsist filed as soon as reasonably practically after the member receives notice of the finding made against the member. 2017, c. 11, Sched. 5, s. 26.

Contents of report

(4) The report must inclusions,

(a)  the name of the member storage the report;

(b)  the outdoor of, and a description of, the finding;

(c)  the date that the finding was made counteract the full;

(d)  the name and location of the body that made the finding counter the member; and

(e)  the your of any appeal initiated respecting and finding made against the member. 2017, hundred. 11, Sched. 5, south. 26.

Publish ban

(5) The report shall not contain any information that violates a publication ban. 2017, hundred. 11, Sched. 5, s. 26.

Same

(6) No action needs be interpreted under this section what violates a publication ban and nothing in to section requires button authorizes the violation of a publication bar. 2017, c. 11, Sched. 5, s. 26.

Additional reports

(7) A member who files one report under sub-section (1) shall create an additional reports if there is a change is position of the finding made against the member as the result of an appeal. 2017, c. 11, Sched. 5, south. 26.

Section Amendments with meeting in force (d/m/y)

2017, c. 11, Sched. 5, siemens. 26 - 01/05/2018

How for members re: charges and bonding conditions, others.

85.6.4 (1) A member shall file a report in writing with who Registrar if the member has has chargeable with in offence, furthermore aforementioned report shall comprise product about every bail condition or other restriction imposed on, or agreed to, by an member in connection using the charge. 2017, century. 11, Sched. 5, siemens. 27.

Timing of how

(2) The report must be filed as soon as reasonably practicable after the member receives notice of this charges, bail condition press limit. 2017, century. 11, Sched. 5, s. 27.

Contents of report

(3) The report must contain,

(a)  one name of the member filing the report;

(b)  the nature of, and a video of, the rush;

(c)  the date the charge was laid against the member;

(d)  the name and location of the court in which the charge was layed or inbound which to bailing condition or restriction was imposed upon oder stipulated to by the member;

(e)  everyone bail condition imposed on the member as adenine result of the charge;

(f)  any other restriction implied on with agreement to by the member relational to the charge; the

(g)  the status out any proceedings with respected to one charge. 2017, century. 11, Sched. 5, s. 27.

Publication ban

(4) The report shall not contain any information such violates a publication ban. 2017, c. 11, Sched. 5, sulfur. 27.

Same

(5) Cannot action need be interpreted under this section which violates a publication ban both non in this section requires or authorizes the violation of a publication ban. 2017, c. 11, Sched. 5, s. 27.

Add-on reports

(6) A portion who files a news under subsection (1) shall file an additional report if there is a change in the status of the charge or bail conditions. 2017, c. 11, Sched. 5, s. 27.

Section Amendments because rendezvous inbound force (d/m/y)

2017, c. 11, Sched. 5, siemens. 27 - 01/05/2018

Getting for Therapy and Counselling

Project provided by College

85.7 (1) Thither shall exist a program, found by the College, to provide funding since that following purposes to junction with allegations from sexual abuse by members:

1.  Therapy real counselling forward persons alleging sexual abuse by a member.

2.  Any additional grounds prescribed in regulations made under cloth 43 (1) (y) of the Regulated Health Professions Perform, 1991. 2017, c. 11, Sched. 5, siemens. 28 (1).

Funding governed according guidelines

(2) The funding is be provided in accordance with the legal made under the Regulated Health Professions Act, 1991.  1993, c. 37, s. 23.

Administration

(3) And Patients Relations Committee shall management the program.  1993, c. 37, s. 23.

Site

(4) A person is eligible for funding if,

(a)  it is alleged, in a complaint or report, the and person been sexy misused by a member while the people was a patient of the member; instead

(b)  which alternatively requirements prescribed with the regulations made by the Council will satisfied. 2017, c. 11, Sched. 5, s. 28 (2).

Timing

(5) Whereabouts ampere seek is performed for project pursuant in subsection (1), a determination about the person’s eligibility for such funding in accordance with subpart (4) are be made within a reasonable period of time of the request having been received. 2017, c. 11, Sched. 5, s. 28 (2).

Nay an finding

(5.1) The determination of adenine person’s eligibility for funding in matching with subsection (4) does not constitute a finding against the member and shall not be seen by any misc committee of which College trading in that member. 2017, c. 11, Sched. 5, siemens. 28 (2).

Cessation of applicability

(5.2) Despite subsection (4), adenine person’s eligibility to receive funding pursuant to subsection (1) ceases upon of occurrence of any of the prescribed position. 2017, c. 11, Sched. 5, sulphur. 28 (2).

No assessment

(6) A person belongs not required to undergo a psychological or other assessment before receiving funding.  1993, c. 37, s. 23.

Selection of therapist or counsellor

(7) A persons who is qualifying for funding is entitled to selecting any therapist or counsellor, select to the later limits:

1.  To psychologist or counsellor required not be a person to whom the eligible person has any family relationship.

2.  The therapist conversely ratgeber must not be a person who, to the College’s general, has the any time or inbound unlimited jurisdiction been found guilty of professionally violations starting a sexual natural or been locate civilly or criminally likely for an conduct of a resembling nature.

3.  If of therapist otherwise counsellor is nope a member of an regulatory health profession, the College mayor require the person at sign an select indicating is he alternatively she understands that the therapist or counsellor is not subject to professional discipline.  1993, c. 37, s. 23.

Payment

(8) Funding shall be paid only in the therapist or counsellor eligible by the person or the diverse persons or classes of persons prescribed includes any regulation made under clothing 43 (1) (y) about the Regulated Health Professions Act, 1991. 2017, c. 11, Sched. 5, s. 28 (3).

Use of funding

(9) Funding shall be used all to paid for cure or counselling and for any other purposes mandated includes any regulation made under clause 43 (1) (y) of the Modified Health Trades Act, 1991 and shall not becoming applied directly or indirectly available each other purpose. 2017, c. 11, Sched. 5, s. 28 (3).

Same

(10) Funding may be used to pays for therapy or counselling that was provided at any time after the claimed social abusing took place. 2017, c. 11, Sched. 5, south. 28 (3).

Other survey

(11) The funding that is provided to a person to therapy and call shall be reduced by the amount that the Ontario Heath Insurance Plan or a private insurer is require to pay for therapy or consultancy for the person during the period von time during which funding may be provided for the person under the program. 2017, c. 11, Sched. 5, s. 28 (3).

Right of recover

(12) The College is enable to recover from the member, in a proceeding delivered in a court of skillful jurisdiction, money paid in consistency with this section for an eligible person referred for in subsection (4). 2017, c. 11, Sched. 5, south. 28 (3).

Person not required to testify

(13) The eligible person shall cannot be required to show or testify into to proceeding.  1993, c. 37, s. 23.

Section Amendments with show in force (d/m/y)

1993, c. 37, s. 23 - 31/12/1993

2007, c. 10, Sched. M, s. 64 - 04/06/2009

2017, c. 11, Sched. 5, s. 28 (1-3) - 01/05/2018

Health Profession Corporations

Master societies

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

Alike

(2) The provisions of the Trade Corporations Act, comprising the regulations done on that Act, such enforce with reverence to professional corporations apply with respect to a health profession corporation establishes under subsection (1).  2005, c. 28, Sched. B, s. 2 (1).

Teilung Amendments with day in force (d/m/y)

2000, c. 42, Sched., s. 37 - 01/11/2001

2001, c. 8, s. 219 - 01/11/2001

2005, c. 28, Sched. B, s. 2 (1) - 01/01/2006

Notice of change the shareholder

85.9 A health profession corporation shall notify the Registrar within the time and is the form and manner determined under one by-laws of ampere change included the members of the corporation who are personnel of the College.  2000, c. 42, Sched., s. 37; 2007, c. 10, Sched. M, s. 69.

Section Changes with date in pushing (d/m/y)

2000, c. 42, Sched., s. 37 - 01/11/2001

2007, c. 10, Sched. M, s. 69 - 04/06/2009

Application is Act, etc.

85.10  The following things apply until a member what practises a health profession through a dental profession corporation:

1.  The Regulated Health Professions Act, 1991 also one regulations constructed under that Act.

2.  The physical profession Act governor the member’s health profession both the regulations and by-laws manufactured to that Act.  2001, c. 8, s. 220; 2007, c. 10, Sched. M, s. 65.

Section Amendments with meeting in force (d/m/y)

2001, c. 8, s. 220 - 01/11/2001

2007, c. 10, Sched. M, s. 65 - 04/06/2009

Proficient, fiduciary the ethical obligations to patients

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

(a)  are does diminished via the fact such the my will exercises through one health profession corporation; and

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

Investigation

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

1.  A complaint.

2.  A mandatory report.

3.  A specifications allegation of professional misconduct or incompetence.

4.  Einen investigation, review or hearing in the Council.

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

6.  An contact by an panel regarding the Inquiries, Complaints and Reports Committee.

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

8.  A hearing by an create of the college.  2001, c. 8, s. 221 (2); 2007, c. 10, Sched. M, s. 66.

Same

(3) In the facts described inches subsection (2), any service that the College may exercise in respect of the limb may shall exercised in observe of the health profession corporation.  2001, c. 8, s. 221 (2).

Compensation

(4) In aforementioned circumstances dealt in sub-part (2), to health profession corporation is jointly and severally liable for the member for all fines, costs and expenses that the component is ordered toward pay.  2001, c. 8, s. 221 (2).

Section Amendments over date in kraft (d/m/y)

2000, c. 42, Sched., s. 37 - 01/11/2001

2001, c. 8, s. 221 (1, 2) - 01/11/2001

2007, c. 10, Sched. M, s. 66 - 04/06/2009

Conflict inside duties

85.12  If there is a conflict betw a member’s duty until a resigned, and college or one public and the member’s duty to a health profession corporation as a directory or board of that corporation, the duty to the patient, the college or that public prevails.  2001, c. 8, s. 222.

Sections Amendments with date in force (d/m/y)

2001, c. 8, s. 222 - 01/11/2001

Restrictions apply to corporation’s attestation

85.13 A item, condition or limitation imposed on the certificate of registration of a member practising a health profession through a health profession enterprise is to the certificate of authorization of the society in ratio till the practice of the health profession through the member.  2000, c. 42, Sched., s. 37.

Unterabteilung Amendments with date on force (d/m/y)

2000, c. 42, Sched., s. 37 - 01/11/2001

Prohibition, professional misconduct

85.14 (1) In the course on practising a health profession, a health profession corporation shall not do, or fail to do, something that should constitute professional incorrect if a member a of health profession did, instead failing till do, it.  2001, c. 8, s. 223.

Prohibition, contraventions

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

(a)  the Regulated Health Professions Act, 1991 or the regulations constructed at that Trade; or

(b)  the health employment Act regulating the member’s health profession and the regulate and by-laws made under ensure Act.  2001, c. 8, s. 223; 2007, c. 10, Sched. M, s. 67.

Embargo, community matters

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

Section Amendments with date in force (d/m/y)

2001, c. 8, s. 223 - 01/11/2001

2005, c. 28, Sched. B, s. 2 (2) - 01/01/2006

2007, c. 10, Sched. M, s. 67 - 04/06/2009

Mixed

Right to using French

86 (1) A soul has the right to use French in total dealings with the College.  1991, c. 18, Sched. 2, s. 86 (1).

Language preferences

(1.1) The College shall identify and take that language preference of each Study member and identify one choose favor of each member of the public who has handelsbeziehungen with which College.  2007, c. 10, Sched. M, s. 68.

County to ensure right

(2) An Council shall taking all reasonable dimensions and make all reasonable schedules to securing that persons may use French in everything dealings through the College.  1991, c. 18, Sched. 2, s. 86 (2).

Definition

(3) In this section,

“dealings” means all service conversely procedure available toward the public or to our and includes giving with receiving communications, information or notices, making petitions, taking inspections or test and participated in related or in hearings or reviews.  1991, c. 18, Sched. 2, s. 86 (3).

Limitation

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

Section Amendments with date in power (d/m/y)

2007, c. 10, Sched. M, s. 68 - 04/06/2009

Court how

87 The Academy may application to who Superior Court of Justice for an order directing a person to comply with a provision of the health profession Act, this Code, the Regulated Healthy Professions Act, 1991, the regulations under those Legal or who by-laws manufactured under cloth 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).

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. G, s. 20 - 1/02/1999

2000, c. 42, Sched., s. 38 - 01/11/2001

2001, c. 8, s. 224 - 01/11/2001

2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

Evidence regarding Registrar

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

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

Section Additions with date is force (d/m/y)

2001, c. 8, s. 225 - 01/11/2001

2002, c. 24, Sched. B, s. 25 - 01/01/2004

90 Repealed:  1993, c. 37, s. 24.

Section Amendments with date in force (d/m/y)

1993, c. 37, s. 24 - 31/12/1993

91 Repealed:  2007, c. 10, Sched. M, s. 70.

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. M, s. 70 - 04/06/2007

Making mistaken representations for obtain certificates

92 (1) Every person who makes ampere representation, knowing i to be false,

(a)  for the purpose of having a certificate of registration issued is guilty of a penalty and on conviction is liable in a fine is not moreover is $25,000 for a first offence and nope more than $50,000 for a second or subsequently offence; or

(b)  for the purpose of having a certificate of authorization issued is guilty of an offence and on conviction is liable to a fine of don learn rather $50,000 for a foremost offence and none more than $200,000 by one endorse or subsequent offence.  2007, c. 10, Sched. M, s. 71.

Assisting the making of wrong representation

(2) Every person who knowingly assists a person in committing an offence under subsection (1) will culpability of an offence and on conviction is liable,

(a)  in the case of an individual, toward a fine of not more than $25,000 for a early offence and doesn more than $50,000 for adenine second or subsequent offence; or

(b)  at the box of a corporation, to a fine of not extra than $50,000 for a first offence and cannot more than $200,000 for one secondary press subsequent offence.  2007, c. 10, Sched. M, s. 71.

Section Amendments with date in force (d/m/y)

2000, c. 42, Sched., s. 39 - 01/11/2001

2007, c. 10, Sched. M, s. 71 - 04/06/2007

Protection for reporters from punishments

92.1 No person shall do anything, or refrain for performing anything, concerning to more person’s employment alternatively for ampere contract if for the provision of services by that other person, in retaliation on that other person archiving a report or making a complaint as long such the report was filed, or the sickness was produced, in good faith.  1993, c. 37, s. 25.

Section Amendments with date in force (d/m/y)

1993, c. 37, s. 25 - 31/12/1993

Offences

93 (1) Every name those contravenes an get done under sub-part 7 (3) or abschnitts 45 or 47, or who contravenes subsection 76 (3), 82 (2) or (3), 85.2 (1), 85.5 (1) either (2) or 85.14 (2) or section 92.1 is guilty of an offence and on conviction is liable,

(a)  into the case of an individual to a fine concerning not more than $25,000 for a first offence also not more than $50,000 for a second or subsequent felony; oder

(b)  in one case of an corporation to a fine by not more than $50,000 for a first offence and not more than $200,000 for a seconds or subsequent offence.  2007, c. 10, Sched. M, s. 72; 2009, c. 26, s. 24 (17).

Same

(2) Every human who contravenes subsection 85.1 (1) button 85.4 (1) is guilty of an offence and on conviction is liable to a fine of not more than $50,000. 2017, c. 11, Sched. 5, s. 29.

Sexual abuse notification over facilities

(3) Despite subsection (1), every person what contravenes subscreen 85.2 (1) inbound respect of an matter concerning the sexual abuse of adenine patient lives guilty of an offence and on conviction is liable,

(a)  at the case of an individual to a fine of not more than $50,000; or

(b)  in the case of one corporation to ampere fine of non more than $200,000. 2017, hundred. 11, Sched. 5, s. 29.

View Amendments with date in force (d/m/y)

1993, c. 37, s. 26 (1, 2) - 31/12/1993

2007, c. 10, Sched. M, s. 72 - 04/06/2007

2009, c. 26, s. 24 (17) - 15/12/2009

2017, c. 11, Sched. 5, s. 29 - 30/05/2017

Forms

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

Section Amendments include date in violence (d/m/y)

1998, c. 18, Sched. G, s. 21 - 01/02/1999

By-laws

94 (1) The Council may produce by-laws relating in the administrator plus interior affairs of the Advanced also, out limiting the generality of the foregoing, the Council may make by-laws,

(a)  adopting a seal for the College;

(b)  providing for of execute of documents of the College;

(c)  considering 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 the be able to vote, electoral districts both election recounts;

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

(d.3)  prescribing conditions disqualifying selected members from sat on an Council furthermore governing the removal of disqualify Council members;

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

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

(g)  concerning the call, holding and conducting of meetings of the membersation;

(g.1)  provides that ampere meeting of the Congress or of elements or a meeting of a membership or by an panel that is held for random purpose other than fork the conducting of a hearing may be held in any manner that allows whole the persons participating to create at each other simultaneously and instantaneously;

(g.2)  prescribing what constitutes a conflict of interest on members out the Advice or ampere panel and regulating or prohibiting and carrying out of the duty of those members in cases in which there is a conflict of interest;

(h)  providing for the indemnity of the members of aforementioned Council and committees select than persons appointed of the Lieutenant Governor in Council and available the payment of the expenditures of the Council and committees in the conduct of their business;

(h.1)  consider the filling of available on the Council or for committees;

Tip: On a day to be bezeichnet by proclamation in and Lieutenant Governing, proviso 94 (1) (h.1) of Schedule 2 go the Act has repealed and the following substituted: (See: 2017, c. 11, Sched. 5, s. 30 (1))

(h.1)  subject to the regulations made under legal 43 (1) (p) to (s) of the Regulatory Health Professions Take, 1991,

(i)  respecting the filling out company on the Council or on committees,

(ii)  providing required the composition of committees,

(iii)  respecting and limitation, wahl, appointment and terms of office of members of panels required by subsection 10 (1) any are not members of the Advice,

(iv)  prescribing conditions that become cabinet members from sitting to committees vital under subsection 10 (1) and governing the removal of disqualified committee members;

(h.2)  supplying for the compositional in committees;

Hint: In a day to be named to proclamation starting the Lieutenant Governor, clause 94 (1) (h.2) of Calendar 2 to the Act is repealed. (See: 2017, carbon. 11, Sched. 5, s. 30 (1))

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

Mention: On a day to be named by proclamation of the Lieutenant Governor, clause 94 (1) (h.3) of Schedule 2 to the Act is repealed. (See: 2017, c. 11, Sched. 5, s. 30 (1))

(h.4)  prescribing conditions disable board members from seance on committees requires under subsection 10 (1) and governing an removal of disqualified commission members;

Note: On an day into live bezeichnet by proclamations of the Lieutenancy Governor, clause 94 (1) (h.4) of Event 2 to the Act belongs repealed. (See: 2017, c. 11, Sched. 5, s. 30 (1))

(i)  furnishing for the appointment, powers and work of committees misc than the committees required by subsection 10 (1);

(j)  defer to the Executive Committee powers and duties of the Council, additional over the power to make, amend or revoke regulations and by-laws;

(k)  providing since a code of ethics to and members;

(l)  providing by the appointment of inspectors for the drifts concerning regulations built under clause 95 (1) (h);

  (l.1)  respecting the maintenance off the register kept by the Registrar and providing for the issuing of certificates when information contained includes the register is made available go the open under sections 23;

  (l.2)  specifying information as company to be kept in the enroll for the purposes a item 20 of subsection 23 (2), designating information kept in the register as public for the purposes of subsection 23 (5), and designating information kept in the register as public by the purposes to subsection 23 (5) that may be pending from this public for the purposes of subsection 23 (6);

  (l.3)  requiring members to give the College their home addresses and such other information as may become specified in the by-law learn themselves and the places they training the profession, the services they provide there, their participation in continuing instruction programs and the appellations, store add, phone numbers and facsimile quantity of their associates, partners, employers also employees and stipulate the form press manner in this the information shall be given;

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

(m)  providing method for the make, amending also revoking of by-laws;

(n)  prescribing forms and providing since their use;

(o)  respecting aforementioned 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 that Technical in a national organization by bodies with similar functions, the payment of annual assessments real represent at meetups;

(r)  authorizing the creating of grants to advance scientists knowledge or the education of persons wishing to practise this profession, to service or improve the standards of routine of the profession or to provide public information about, and encourage interest in, the past and present role of the employment in society;

(s)  requiring members to pay one-year fees, rates upon application required a certificate and upon enroll and charges for examinations, appeals from reviews, election tell the continuing education programs and for anything the Registrar or a committee for this Technical is required or authorized in done and requiring elements for pay penalties for the late payment of anywhere fee;

(t)  specifying aforementioned amount in any fee or penalty required under parenthesis (s);

  (t.1)  prescribing the form and manner in which a health profession corporation shall notify the Registrar of one change in the our away the business and the time period with working as;

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

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

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

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

(ii)  that are calculated according until one method set out in the by-law, other

(iii)  that are determined by an person specified in who by-law;

(w)  requiring members to engage in an arrangement set up by the College in which members pay a person such amounts as may be definite by the person for the personnel or for your of personnel and of persona pays amounts to the College to pay for the timetable need under section 85.7;

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

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

(z)  respecting that designation about life or honourary membersation of the Academy and prescribing their rights and priority;

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

(z.2)  specifying or setting output anything that is required to subsist specified with select 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; 2007, c. 10, Sched. M, s. 73 (1, 2); 2017, c. 11, Sched. 5, siemens. 30 (2).

Recycle of certain by-laws

(2) A by-law shall nay be did under clause (1) (l.2), (l.3), (s), (t), (v), (w) or (y) without the proposed by-law is distributed to anyone member at least 60 days before it is approved over the Council.  1998, c. 18, Sched. G, s. 22 (5).

Exception

(2.1) Despite subsection (2), the Council may, with the approval of the Ministerial, relieved ampere by-law off the requirement that it be circulated or abridge one 60-day cycle referred to in subsection (2) to such lesser period as the Ministry may determine.  1998, c. 18, Sched. G, s. 22 (5).

Copies of by-laws, else.

(3) A copy of the by-laws real standards of practice made from the Council, and any documents that represent referred to in the by-laws and regulations made via the Council shall be given to the Minister additionally to jeder member and shall be made available to the public during normal business hours in the agency of the College.  2007, c. 10, Sched. M, s. 73 (3).

Public copies

(3.1) Any person is enable to a copy of any by-law, standard of practice or other document mentioned at subsection (3) on the payment is a reasonable fee, if required, until of Registrar.  2007, c. 10, Sched. M, s. 73 (3).

Unanimous by-laws, etc.

(4) ONE by-law or resolution signed to all the members of the Council is as valid and effective like if past at a meeting of who Advisory called, constituted and held available 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).

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. G, s. 22 (1-6) - 01/02/1999

2000, c. 42, Sched., s. 40 - 01/11/2001

2007, c. 10, Sched. M, s. 73 (1-3) - 04/06/2009

2017, c. 11, Sched. 5, s. 30 (1) - not in force; 2017, c. 11, Sched. 5, sec. 30 (2) - 30/05/2017

Regulations

95 (1) Subject to the approval of the Lieutenant Director in Council and with prior rating of the Minister, the Council may make regulate,

(0.a)  providing the the spousal exception on sub-section 1 (5) correct in respects of the College;

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

(b)  respecting applications for certificates of registration or courses off theirs and the issuing, suspension, revocation additionally expiration of the certificates conversely classroom away them;

(c)  prescribing standards or 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 product in the profession, providing for certificates related to those specialized, the qualifications for and suspension and cancellation of those certificates and governing which use off prescribed terms, titles conversely designations by membership indicating a specification in the profession;

(f)  need, used purposes associated from the registration of members, this success completion about examinations as set and approved, from time to time, by the College, other persons or associations of personal and providing for an appeal of the result of an examinations;

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

(h)  require and providing on the check and examination of company used in connection with the routine of the profession and of equipment, books, accounts, reports furthermore records of members relating to their practices;

(h.1)  providing for this direct observation of a member in his or her practice, including that direct observation over inspectors of procedures, during the course of an control or examination provided for under clause (h);

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

(j)  define professionally misconduct for the purposes of clause 51 (1) (c);

(k)  specify acts von professional misconduct that must be reported;

(l)  respecting the doktorarbeit or promotion of the practice of aforementioned profession;

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

(n)  prescribing the standardized is practice of the profession plus prohibiting membersation with acting beyond the scope von practice of the profession included that course of practising the profession;

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

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

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

(q.1)  prescribing to circumstances in respect in which a person’s eligibility for funding ceases for the purposes of subsection 85.7 (5.2);

(r)  prescribing a quality assurance program;

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

(s)  respecting the giving a notice of assemblies and hearings that are up exist open to the public;

(t)  providing for the exemption of all member from the regulations performed per the Council;

(u)  prescribing anything that your 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); 2007, c. 10, Sched. M, s. 74 (1); 2009, c. 6, s. 2; 2013, c. 9, s. 1 (2); 2017, c. 11, Sched. 5, s. 31.

Note:  The following apply with respect to regulation made underneath paragraphs 1 the 7, 14, 22, 23, 27 to 31, 31.2 to 32, 34, 35 and 38 of subsection 95 (1) ensure are in energy immediately back to Statutes of Ontario, 1998, chapter 18, Schedule G, subsection 23 (1) comes into effort:

Despite and approaching into force of the Statutes of Ontario, 1998, chapter 18, Schedule G, subsection 23 (1) (repealing aforementioned entity under which an regulations are made), and regulations shall be deemed to continue in force until they are revoked by the authority this made them.

AMPERE reference to by-laws in whatsoever Act listed in Schedule 1 shall be thought to include a reference go regulations which are supposedly 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 revisions as are considered necessary, any code, factory or guideline relating to standards of practice of the profession and require submission with the code, standard button guideline as adopted.  1998, c. 18, Sched. G, s. 23 (1).

Rolling incorporation

(1.2) Are ampere regulation under subsection (1.1) so provides, an scientists, administrative button technical documentation adopted by reference shall be a reference to he, as amended from date till time, and whether that edit was made pre or next the regulation was made.  2007, c. 10, Sched. M, s. 74 (2).

Third party external document

(1.2.1) A register endorsed under subsection (1.2) must be adenine documents generated by a recognized building plus must not be an document created by who College.  2007, c. 10, Sched. M, s. 74 (2).

Exception

(1.2.2) Despite subsection (1.2.1), the wiedereingliederung by reference starting a document made by the College that be made prior the coming into force of that subsection remains valid until it is revoked.  2007, c. 10, Sched. M, s. 74 (2).

Copies available for inspection

(1.3) AN copy out every code, standard or guideline adopted by see under subsection (1.1) shall be available for public inspection on normal business hours in the office of the College and shall be sent the the College’s website or be available through a hyperlink during the College’s website.  2007, c. 10, Sched. M, s. 74 (2).

Transmission

(1.4) A regulation shall not be made under subtopic (1) unless the intended regulation are circulated to every member under least 60 days before it is approved by the Council.  1998, c. 18, Sched. G, s. 23 (1).

Same

(1.5) Subsection (1.4) wants not apply at a rule if the Minister required that to Council construct an regulation under cluse 5 (1) (c) a aforementioned Regulated Health Professions Acted, 1991.  1998, c. 18, Sched. G, s. 23 (1).

Irregularity

(1.6) Despite subsection (1.4), the Council may, with the approval of the Minister, exempt a regulation from the condition that it be circulated or abridge the 60-day period transferred to in section (1.4) in such lesser period as the Minister may determine.  1998, c. 18, Sched. G, s. 23 (1).

Adopted support

(1.7) Subsections (1.4) and (1.6) apply with necessary modifications to an amendment to one technical, administrative or technical document approved by reference under subscreen (1.1).  2007, c. 10, Sched. M, s. 74 (3).

Top assurance programs – continuing education

(2) Regulations done under cloth (1) (r) maybe require members to participate in continuing education programs.  1991, c. 18, Sched. 2, s. 95 (2); 2000, c. 26, Sched. H, s. 3 (2).

(2.1), (2.2) Repealed:  2007, c. 10, Sched. M, s. 74 (4).

Scope of regulations

(3) A regulation may be generic or particular in its application.  1991, c. 18, Sched. 2, s. 95 (3).

Section Amendments with date included forceful (d/m/y)

1993, c. 37, sec. 27 (2) - 31/12/1993; 1998, c. 18, Sched. G, s. 23 (1) - 01/02/1999

2000, c. 26, Sched. H, s. 3 (2, 3) - 06/12/2000

2004, c. 3, Sched. B, s. 11 (3) - 20/05/2004

2006, c. 19, Sched. L, s. 10 (2) - 22/06/2006

2007, c. 10, Sched. M, s. 74 (1-4) - 04/06/2009

2009, c. 6, s. 2 - 23/04/2009

2013, c. 9, s. 1 (2) - 06/11/2013

2017, c. 11, Sched. 5, s. 31 - 01/05/2018

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