54 Termination
of employment by employer
Part 6
General Provisions
55,56 Regulations
57 Bylaws
58 Forms
59 Service
of documents
60 Inspection
61 Confidentiality
of information
62 Appointment
to Board or Committee
63 Protection
from liability
64 Offence
65 Injunction
66 Coming
into force
Schedule
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a) “Board”
means the Health Disciplines Board established under this Act;
(b) “Committee”
means a Health Discipline Committee established under this Act;
(c) “designated
health discipline” means a health discipline listed in the Schedule;
(d) “Director”
means the Director of Health Disciplines;
(e) “health
discipline association” means a health discipline association named in an order
under section 8;
(f) “Minister”
means the Minister determined under section 16 of the Government
Organization Act as the Minister responsible for this Act;
(g) “registered
member” means a person registered under this Act as a member of a designated
health discipline;
(h) “registrar” means the registrar of a
designated health discipline.
RSA 1980 cH‑5.1
s1;1983 c80 s2;1984 c53 ss3,25;
1985 c31 s2;1988 c23 s2;1992 c29 s1(2)
Part 1
Scope of Practice
Prohibitions and
exclusions from Act
2(1) No person other than a registered member of a designated
health discipline shall
(a) use
the name of the designated health discipline, alone or in combination with
other words, in a manner so as to express or imply that the person is a
registered member of that designated health discipline, or
(b) use
any name, title, description or abbreviation in any manner so as to express or
imply that the person is a registered member of that designated health
discipline.
(2) A
registered member may provide
(a) the
health services prescribed in the regulations, and
(b) if
the member has the training approved by the Minister of Health and Wellness,
any experimental or developmental health services approved by that Minister.
(3) A
registered member shall provide health services in accordance with any
conditions or restrictions that may be prescribed in the regulations.
(4) Nothing
in this Act shall be construed to affect or restrict
(a) the
right of a person who operates
(i) an approved hospital as defined in the Hospitals Act,
(ii) a nursing home as defined in the Nursing Homes Act, or
(iii) an institution or facility or under a program operated or
approved by the Minister or by the Minister of Health and Wellness
to prescribe the duties,
whether in accordance with a collective agreement or otherwise, of the
person’s employees who are registered
members of a designated health discipline, or
(b) the
right of an employee who is a registered member of a designated health
discipline to perform duties prescribed as mentioned in clause (a).
(5) Subject
to section 5(2), this Act does not apply to a person who is entitled to
practise a health discipline pursuant to any other Act.
(6) Nothing in this Act or the regulations shall be
construed to prevent a registered member of a designated health discipline from
performing health services that are not prescribed for the designated health
discipline of which the registered member is a member if those health services
are rendered in an emergency and without gain or reward or hope of gain or
reward.
RSA 1980 cH‑5.1
s2;1983 c33 s2;1984 c53 s25;1985 c31 s3;
1985 cN‑14.1 s37;1986 cD‑13.5 s12;1986 c18 s2;
1989 cD‑21.5 s14;1992 c29 s1(3)
Part 2
Designation of Health Disciplines
Health Disciplines Board
3(1) There is hereby established a board called the
Health Disciplines Board consisting of not more than 9 members appointed, each
for a term not exceeding 3 years, by the Lieutenant Governor in Council as
follows:
(a) 2
persons who are members of the College of Physicians and Surgeons of Alberta;
(b) at
least 4 but not more than 7 other persons.
(2) The
Lieutenant Governor in Council shall designate one of the members of the Board
to be chair and another to be deputy chair.
(3) In
the absence of the chair and deputy chair at a meeting of the Board, the
members present shall appoint a member to preside at that meeting.
(4) The
Director shall act as secretary to the Board.
(5) The
Lieutenant Governor in Council may fill a vacancy on the Board by appointing a
person as a member to serve the unexpired term of office of the former member,
but no vacancy on the Board impairs the right of the remaining members to act
until the vacancy is filled.
(6) A
member is eligible to be reappointed for not more than one additional
consecutive term.
(7) An
employee of
(a) the
Department of Learning, designated by the Minister of Learning, and
(b) the
Department of Health and Wellness, designated by the Minister of Health and
Wellness,
are entitled to
receive notice of and attend meetings of the Board.
(8) A
member of the Board who is not an employee of the Government may be paid
remuneration for the member’s services and an allowance for the expenses
necessarily incurred in the performance of the member’s duties, at the rates
prescribed by the Minister.
(9) The
Board may make rules governing the calling of and conduct of meetings of the
Board and any other matters pertaining to its business and affairs.
(10) The
chair may at any time call a meeting that the chair considers necessary or desirable and shall
call a meeting at the request of not less than 4 members of the Board.
(11) The
Board shall meet at least 4 times a year.
(12) Five
members of the Board then holding office constitute a quorum at a meeting of
the Board.
(13) The Minister may provide to the Board at no
cost to it any supplies and the services of employees of the Government under
the Minister’s administration to carry out any work that in the opinion of the
Minister may reasonably be required by the Board to enable it to perform its
functions under this Act.
RSA 1980 cH‑5.1
s3;1983 cD‑11.1 s15;1983 cD‑9.5 s101;1984 c53 s5;
1985 c31 s4;1986 cD‑13.5 s12;1986 c18 s3;1989 cD‑21.5 s14;
1989 c10 s7;1990 cD‑8.5 s86;1992 c29 s1(4);1994 cG‑8.5 s87
Director of Health
Disciplines
4(1) In accordance with the Public Service Act, there may be appointed a Director of Health
Disciplines and any staff necessary to carry out the duties of the Director
under this Act.
(2) The
Director may authorize an employee of the Government or a member of a Committee
or an advisory committee to do any act or thing required or permitted to be
done by the Director under this Act or the regulations.
(3) The
Director, when directed to do so by the Minister, shall examine, inquire into,
study and report to the Minister on any matter relating to the administration
of this Act.
(4) The
Director shall submit to the Minister an annual report that reflects the
activities of the Board, Committees, health discipline associations and
advisory committees.
(5) The Minister shall lay a copy of the annual
report before the Legislative Assembly if it is then sitting or, if it is not
then sitting, within 15 days after the commencement of the next sitting.
1992 c29 s1(5)
Investigations by Board
5(1) The Board shall conduct an investigation into a
health discipline in respect of which
(a) an
application has been made by or on behalf of an association of persons who are
engaged in that health discipline for it to be designated as a designated
health discipline under this Act, or
(b) the
Minister has directed the Board to make an investigation
for the purpose of
determining if the health discipline should be designated as a designated
health discipline under this Act.
(2) The
Board shall conduct an investigation into a health discipline if an application
has been made by a professional association representing the majority of the
persons who are
(a) engaged
in that health discipline, and
(b) entitled
to practise the health discipline pursuant to any other Act
for the purpose of
determining if the health discipline should be designated as a designated
health discipline under this Act.
(3) An
application under subsection (1) or (2) must
(a) be
in the form and contain the information required by the Board, and
(b) be
accompanied with the fee prescribed by the Minister by order.
(4) In
conducting an investigation into a health discipline under subsection (1) or
(2), the Board shall consult with any association of persons engaged in the
practice of that health discipline or any association of persons that has as
one of its objects the advancement or promotion of the practice of that health
discipline.
(5) In
conducting an investigation into a health discipline under subsection (1) or
(2), the Board shall ascertain
(a) the
tasks involved in the practice of that health discipline and the complexity of
those tasks,
(b) the
degree of direction or supervision that a person who engages in the practice of
that health discipline in the course of the person’s employment receives with
respect to that practice,
(c) what
educational programs approved by the Minister of Learning exist in Alberta for
that health discipline, and
(d) what
educational programs exist outside Alberta for that health discipline.
(6) The
Board shall, having regard to the matters ascertained under subsection (5),
(a) evaluate
the degree of direct and personal impact that the care or treatment that is
normally provided by a person engaged in the practice of that health discipline
may have on the health of persons to whom that care or treatment is provided,
(b) determine
what services members of that health discipline may provide to persons
requiring care and treatment within the scope of that health discipline and any
limitations or conditions applicable to the provision of those services,
(c) evaluate
the extent of independence of practice in that health discipline that is
necessary or desirable for a person who is, in the course of the person’s
employment, engaged in that practice,
(d) consider
what qualifications may be desirable for applicants for registration to
practise in that health discipline, whether with respect to education, training
or possession of a specified body of knowledge or technical proficiency, and
(e) consider
what may be minimum standards of competency to be required of members of that
health discipline in the practice of their discipline.
(7) On
completing an investigation under subsection (1) or (2), the Board shall, if it
is satisfied, having regard to the matters ascertained, evaluated, determined
and considered under subsections (5) and (6), that the potential for and degree
of risk of harm to the public that may result from the practice of that health
discipline is such that the health discipline investigated by the Board should
be a designated health discipline under this Act, submit to the Minister a full
report on the investigation and recommend to the Minister that
(a) legislation
be enacted to designate that health discipline as a designated health
discipline, and
(b) the
health discipline be governed by
(i) a Committee, or
(ii) a health discipline association.
RSA 1980 cH‑5.1
s4;1983 cD‑11.1 s15;1983 c33 s3;1984 c53 ss6,25;
1992 c29 s1(6);1994 cG‑8.5 s87
Advisory committee
6(1) The Minister may, in consultation with the
Health Disciplines Board, establish advisory committees to provide advice to
the Board.
(2) The
Minister may, with respect to an advisory committee established under this
section,
(a) appoint
or provide for the manner of the appointment of its members,
(b) prescribe
the term of office of any member,
(c) designate
a chair, vice‑chair and secretary, and
(d) authorize, fix and provide for the payment
of remuneration and expenses to its members.
1986 c18 s4;1988 c23 s3
Assessment by Board
7(1) If the Board recommends under section 5(7) that
a health discipline be designated as a designated health discipline, the Board
shall carry out an assessment for the purpose of determining whether the
designated health discipline should be governed by a Committee or a health
discipline association.
(2) In
carrying out an assessment under subsection (1), the Board shall consult with
any person or association it considers appropriate.
(3) The
Board shall consider the following matters:
(a) whether
an association exists that represents persons engaged in the health discipline
referred to in subsection (1);
(b) the
number of members in an association described in clause (a);
(c) the
percentage that the members of the association described in clause (a) are of
the total number of persons who engage in the health discipline;
(d) the
length of time an association described in clause (a) has existed;
(e) the
financial position of an association described in clause (a);
(f) the
desire of an association described in clause (a) to become a health discipline
association;
(g) whether
an association described in clause (a) represents or is normally engaged in
representing its members in negotiation of collective bargaining agreements or
in any proceedings under a collective bargaining agreement;
(h) whether
an association described in clause (a) is a corporate body;
(i) whether
an association described in clause (a) has an elected governing body;
(j) any other matter it considers appropriate.
1984 c53 s7
Minister’s order
8 When a health discipline is designated as a designated
health discipline, the Minister shall, by order, specify that the designated
health discipline be governed by
(a) a
Committee, or
(b) a health discipline association named in the
order.
1984 c53 s7
Health Discipline
Committees
9(1) The Minister shall, by order,
(a) establish
a Health Discipline Committee for each designated health discipline that is
specified by an order under section 8 to be governed by a Committee, and
(b) designate
for each Committee so established a name indicating the designated health
discipline for which it is established.
(2) A
Committee established under subsection (1) shall consist of not less than 3
members appointed by the Minister for a term prescribed by the Minister.
(3) Subject
to subsection (4), a majority of the members of a Committee shall be engaged in
the designated health discipline for which the Committee is established, and
the remaining members of the Committee shall be knowledgeable with respect to
the practice of that designated health discipline.
(4) After
a register is established for a designated health discipline, a majority of the
members of a Committee established for that designated health discipline shall
be registered in that designated health discipline and the remaining members of
the Committee shall be knowledgeable with respect to the practice of that
designated health discipline.
(5) A
person who is required under subsection (4) to be registered in a designated
health discipline is not eligible to continue to act as a member of a Committee
if the person fails to be registered within 60 days after the register for that
designated health discipline is established.
(6) The
Minister shall designate one of the members of a Committee to be chair.
(7) In
the absence of the chair at a meeting of a Committee, the members present shall
appoint a member to preside at that meeting.
(8) The
Director is the registrar of a designated health discipline that is governed by
a Committee and shall act as secretary to the Committee.
(9) A
member of a Committee who is not an employee of the Government may be paid
remuneration for the member’s services and an allowance for the expenses
necessarily incurred in the performance of the member’s duties, at the rates
prescribed by the Minister.
(10) A
Committee may make rules governing the calling of and conduct of meetings of
the Committee and any other matters pertaining to its business and affairs.
(11) A
majority of the members of a Committee then holding office constitutes a quorum
at a meeting of the Committee.
(12) The Minister may provide to a Committee at no
cost to it any supplies and the services of employees of the Government under
the Minister’s administration to carry out any work that in the opinion of the
Minister may reasonably be required by the Committee to enable it to perform
its functions under this Act.
RSA 2000 cH‑2
s9;2001 c23 s6
Duties of Committee
10 A Committee, in relation to the
designated health discipline for which it is established, shall
(a) govern
the registered members in accordance with this Act and the regulations in a
manner that serves and protects the public interest,
(b) review
applications for registration under Part 3,
(c) hear
complaints respecting the conduct or competency of registered members under
Part 4, and
(d) advise
the Board with respect to
(i) health services that may be provided by registered members,
including any conditions or restrictions applicable to those services,
(ii) standards of conduct and competency for registered members,
(iii) qualifications and conditions of eligibility for applicants for
registration and renewal of registration,
(iv) standards to ensure continuing competency of registered members,
(v) training programs for applicants for registration and renewal of
registration,
(vi) examinations for purposes of registration and renewal of
registration, and
(vii) proposed regulations relating to the
designated health discipline.
RSA 1980 cH‑5.1
s6;1984 c53 s25;1992 c29 s1(8)
Attendance at Board
meetings
11(1) A Committee or a health discipline association
is entitled
(a) to
receive notice of a Board meeting at which matters will be considered that
relate to the designated health discipline for which the Committee was
established or that is governed by the health discipline association, and
(b) to
attend meetings referred to in clause (a).
(2) A
Committee or health discipline association may request the Board to hold a
meeting to consider matters contained in regulations or that the Committee or
health discipline association desires to be included in regulations relating to
the designated health discipline, and the Board shall, within 60 days from the
date of receipt of the request, hold a meeting to enable the Committee or
health discipline association to make representations to it respecting those
matters.
(3) A request under subsection (2) shall be in
writing and describe the matters with respect to which the Committee or health
discipline association intends to make representations to the Board.
RSA 1980 cH‑5.1
s7;1984 c53 s9
Health discipline
association is a corporation
12(1) A health discipline association named in an
order under section 8(b) or 19(3)(a) is a corporation.
(2) A
corporation has the capacity and, subject to this Act, the rights, powers and
privileges of a natural person.
(3) A registered member of a designated health
discipline that is governed by a health discipline association is a member of a
corporation referred to in subsection (1).
1984 c53 s10;1992 c29
s1(9)
Governing body
13(1) A health discipline association shall establish
a governing body.
(2) The
governing body of a health discipline association shall
(a) manage
and conduct the business and affairs of the health discipline association and
govern the registered members of the designated health discipline in accordance
with this Act, the regulations and the bylaws in a manner that serves and
protects the public interest,
(b) advise
the Board with respect to
(i) health services that may be provided by registered members,
including any conditions or restrictions applicable to those services,
(ii) standards of conduct and competency for registered members,
(iii) qualifications and conditions of eligibility for applicants for
registration and renewal of registration,
(iv) standards to ensure continuing competency of registered members,
(v) training programs for applicants for registration and renewal of
registration,
(vi) examinations for purposes of registration and renewal of
registration, and
(vii) proposed regulations relating to the designated health
discipline,
(c) develop,
establish and maintain programs to promote continuing competency of registered
members, and
(d) develop, establish and maintain standards of
professional ethics for registered members.
1984 c53 s10;1992 c29
s1(10)
Composition of governing
body
14(1) The governing body of a health discipline
association shall consist of
(a) the
number of members of the health discipline association prescribed in the
regulations, each of whom shall be elected by and from among members of the
health discipline association in accordance with the bylaws, and
(b) when
the number of persons elected under clause (a) does not exceed 10, 2 members of
the public, or when the number of persons elected under clause (a) is more than
10, 3 members of the public, who shall be appointed by the Lieutenant Governor
in Council for a term of not more than 3 years.
(2) The
members of a governing body under subsection (1) shall elect from among
themselves the officers of the corporation specified in the bylaws in the
manner and for the term prescribed in the bylaws.
(3) A
member of a governing body appointed under subsection (1)(b) continues to hold
office after the expiry of the member’s
term of office until the member is reappointed or the member’s successor is appointed.
(4) A
member of a governing body appointed under subsection (1)(b) is eligible to be
reappointed for not more than one additional consecutive term and may not hold
office for more than 6 consecutive years.
(5) The
Lieutenant Governor in Council may, after consultation with the governing body,
revoke the appointment of a member of a governing body appointed under
subsection (1)(b).
(6) The
Minister may, in the absence of any payment by the governing body to the member
for that purpose, pay to a member of a governing body appointed under
subsection (1)(b) travelling and living expenses incurred by that member for
the member’s attendance at any meeting
of the governing body while away from the member’s usual place of residence and
fees in an amount prescribed by the Minister.
(7) The
powers, duties and operations of a governing body are not affected by
(a) the
fact that no one is appointed as a member of the governing body under
subsection (1)(b),
(b) the
revocation, under subsection (5), of the appointment of a member of the
governing body, or
(c) the
resignation from the governing body of a member appointed under subsection
(1)(b).
(8) The failure of a member appointed under
subsection (1)(b) to attend a meeting of the governing body does not affect or
restrict the governing body in exercising any powers or performing any duties
at that meeting.
1984 c53 s10;1992 c29
s1(11)
Registrar of health
discipline association
15 A health discipline
association shall appoint a registrar.
1984 c53 s10;1992 c29
s1(12)
Registration committee
16 A health discipline
association shall establish, in accordance with the regulations, a registration
committee consisting of not less than 3
and not more than 9 members of the health discipline association.
1984 c53 s10;1992 c29
s1(13)
Conduct and competency
committee
17(1) A health discipline association shall
establish, in accordance with the regulations, a conduct and competency
committee consisting of
(a) not
less than 3 members of the health discipline association, and
(b) one
member of the public who shall be appointed by the Lieutenant Governor in
Council for a term of not more than 3 years.
(2) A
member of a conduct and competency committee appointed under subsection (1)(b)
continues to hold office after the expiry of the member’s term of office until
the member is reappointed or a successor is appointed.
(3) A
member of a conduct and competency committee appointed under subsection (1)(b)
is eligible to be reappointed for not more than one additional consecutive term
and may not hold office for more than 6 consecutive years.
(4) The
Lieutenant Governor in Council may, after consultation with the governing body
of the health discipline association, revoke the appointment of a member of the
conduct and competency committee appointed under subsection (1)(b).
(5) The
Minister may pay to a member of a conduct and competency committee appointed
under subsection (1)(b) remuneration and travelling and living expenses
incurred in the performance of the member’s duties at the rates prescribed by
the Minister.
(6) The
powers, duties and operations of a conduct and competency committee are not
affected by
(a) the
fact that no one is appointed as a member of the committee under subsection
(1)(b),
(b) the
revocation, under subsection (4), of the appointment of a member of the
committee, or
(c) the
resignation from the committee of a member appointed under subsection (1)(b).
(7) The
failure of a member appointed under subsection (1)(b) to attend a meeting of
the conduct and competency committee does not affect or restrict the committee
in exercising any powers or performing any duties at that meeting.
(8) The Director shall be notified of and may
attend and make representations at a hearing before the conduct and competency
committee.
RSA 2000 cH‑2
s17;2001 c23 s6
Annual report of health
discipline association
18 A health discipline association shall annually
on or before the date prescribed in the regulations submit to the Director a
report in the form required by the Board.
1984 c53 s10;1988 c23
s4;1992 c29 s1(16)
Minister’s order
19(1) If
(a) the
Board is satisfied that a Committee or a health discipline association is not
performing its duties in a proper manner,
(b) an
association applies to become a health discipline association for a designated
health discipline in respect of which a Committee has been established under
section 9(1), or
(c) the
Minister directs the Board to consider whether a Committee or a health
discipline association is performing its duties in a proper manner,
the Board shall make a
recommendation under subsection (2).
(2) If
subsection (1) applies, the Board shall recommend that
(a) an
order be made under subsection (3)(a),
(b) an
order be made under subsection (3)(b), or
(c) no
change be made in respect of a Committee or a health discipline association,
and the Board’s
recommendation and reasons for it must be submitted to the Minister in writing.
(3) The
Lieutenant Governor in Council, on the recommendation of the Minister, may
(a) abolish
a Committee and order that a health discipline association or another Committee
be established by the Minister to act in that Committee’s place, or
(b) rescind
an order specifying that a designated health discipline be governed by a health
discipline association and establish a Committee to act in the health
discipline association’s place,
and direct the Committee abolished under clause (a) or the
health discipline association in respect of which an order has been rescinded
under clause (b) to turn over its files, records and register to the Committee
or health discipline association ordered to take its place, as the case may be.
1984 c53 s10
Part 3
Registration
Definition
20 In this Part, “committee”
means a Committee established under section 9(1)(a) or a registration committee
established under section 16.
1992 c29 s1(17)
Register
21(1) The registrar shall establish and maintain a
register of registered members of the designated health discipline.
(2) The registrar shall permit the inspection of
the register by any person during regular office hours.
1992 c29 s1(17)
Registration
requirements
22 The registrar shall register as a
registered member of the designated health discipline a person who
(a) meets
the qualifications prescribed in the regulations,
(b) is
of good character and reputation, and
(c) has paid the fees prescribed by the Minister
by order or in the bylaws of the health discipline association, as the case may
be.
1992 c29 s1(17)
Referral to committee
23(1) The registrar shall refer an application for
registration to the committee if the registrar
(a) is
not satisfied, on reasonable grounds, that an applicant is eligible for
registration under section 22, or
(b) believes
that terms, conditions or limitations should be imposed on the registration or
practice of the applicant.
(2) If
the registrar refers an application to the committee, the registrar shall give
the applicant notice of the grounds for referral and of the right to make
submissions under subsection (3).
(3) The
applicant may make oral or written submissions to the committee within 30 days
after receiving a notice under subsection (2) or within any longer period
specified in the notice.
(4) On
completing a review of an application referred to it and any submissions made
by the applicant, the committee shall direct the registrar to register the
applicant if it is satisfied that the applicant
(a) is
eligible under section 22, or
(b) has
training and experience that is substantially equivalent to the qualifications
required for registration under section 22 and is otherwise eligible under
section 22.
(5) If
the committee is not satisfied that the applicant meets the requirements of
subsection (4), it may direct the registrar
(a) to
defer the registration until the applicant has successfully completed specified
additional training or examinations, or both, within the time specified by the
committee,
(b) to
issue, with the consent of the applicant, a restricted registration imposing
specified terms, conditions or limitations on the applicant’s registration or
practice, or
(c) to
refuse to register the applicant.
(6) If
the committee gives a direction under subsection (5), it shall inform the
registrar in writing of its decision, the reasons for it and the steps, if any,
the applicant must take to become eligible for registration.
(7) The
registrar shall, not more than 90 days after receiving an application for
registration,
(a) send
the applicant written notice of the decision under this section, and
(b) if
applicable,
(i) send the applicant a copy of the information received from the
committee under subsection (6), and
(ii) inform the applicant in writing of the right
under section 25 to request a review of the committee’s decision.
1992 c29 s1(17)
Annual renewal of
registration
24(1) A registered member shall submit to the
registrar annually by the date prescribed in the regulations an application for
renewal of registration in the form prescribed by the Minister.
(2) If
a registered member does not submit an application for renewal of registration
as required, the registrar may cancel the member’s registration not earlier
than 30 days after the member is served with a written notice of the intention
to cancel the registration, unless the member submits the application within
the time prescribed in the notice.
(3) The
registrar shall issue an annual certificate to a registered member who
(a) has
practised the designated health discipline in accordance with the regulations,
(b) meets
any continuing education requirements prescribed in the regulations, and
(c) pays
the annual fees prescribed by the Minister by order or in the bylaws, as the
case may be.
(4) If
a registered member does not meet the requirements in subsection (3)(a) or (b),
the registrar shall
(a) refer
the application to the committee, and
(b) give
the registered member notice of the grounds for referral and of the right to
make submissions under subsection (5).
(5) The
registered member may make oral or written submissions to the committee within
30 days after receiving a notice under subsection (4)(b) or within any longer
period specified in the notice.
(6) On
completing a review of an application referred to it and any submissions made
by the registered member, the committee shall direct the registrar to issue an
annual certificate if it is satisfied that the registered member has maintained
competency in the designated health discipline either through actively engaging
in the practice of that health discipline or through involvement in education
or training that relates to that health discipline.
(7) If
the committee is not satisfied that the registered member has maintained
competency in the designated health discipline, it may direct the registrar
(a) to
defer issuing an annual certificate until the registered member has
successfully completed specified additional training or examinations, or both,
within the time specified by the committee, or
(b) to
issue, with the consent of the registered member, a restricted annual
certificate imposing specified terms, conditions or limitations on the
registered member’s registration or practice.
(8) If
a registered member does not comply with a direction under subsection (7)(a)
within the time specified, the committee may direct the registrar to cancel the
registered member’s registration.
(9) If
the committee gives a direction under subsection (7), it shall inform the
registrar in writing of its decision, the reasons for it and the steps, if any,
the registered member must take to become eligible for renewal of registration.
(10) The
registrar shall, not more than 90 days after receiving an application for
renewal of registration,
(a) send
the registered member written notice of the decision under this section, and
(b) if
applicable,
(i) send the registered member a copy of the information received
from the committee under subsection (9), and
(ii) inform the registered member in writing of
the right under section 25 to request a review of the committee’s decision.
1992 c29 s1(17)
Review by Board
25(1) An applicant whose registration has been
deferred, restricted or refused or whose renewal of registration has been
deferred or restricted may, not more than 30 days after receiving notice of the
committee’s decision, request a review of the decision by serving on the
Director
(a) a
written request for a review by the Board, and
(b) written
reasons why, in the applicant’s opinion, the registration or renewal of
registration should be approved or approved without restrictions.
(2) On
receipt of a request for a review, the Director shall notify the applicant and
the registrar of the date, time and place at which the Board will review the
decision of the committee.
(3) The
review must be commenced not more than 90 days after the Director receives the
request for a review.
(4) An
applicant and the health discipline association, if any, is entitled to appear
and be represented by counsel at the review.
(5) On
reviewing a decision of the committee under this section, the Board may
(a) make
any decision the committee could have made, or
(b) refer
the matter back to the committee for further review.
(6) The
committee, on reviewing a matter referred back to it by the Board, may confirm,
reverse or vary its original decision.
(7) The
Director shall serve the applicant and the registrar with a copy of the Board’s
decision and the reasons for its decision.
(8) The registrar shall do all things necessary to
carry out the decision of the Board.
1992 c29 s1(17);1994 c27
s3
Cancellation on request
26 The registrar may cancel the registration
of a registered member
(a) at
the request or with the consent of the member, or
(b) that is made in error, with the approval of
the Board.
1992 c29 s1(17)
Part 4
Complaint Proceedings
Definitions
27 In this Part,
(a) “chair”
means the chair of the committee and includes a vice‑chair;
(b) “committee”
means a Committee established under section 9(1)(a) or a conduct and competency
committee established under section 17(1);
(c) “complaint”
means a complaint made in writing and signed by the person making it about the
conduct, skill, judgment or fitness to practise of a registered member;
(d) “conduct”
includes any act or omission;
(e) “investigated
person” means a registered member or former registered member with respect to
whom an investigation or hearing is held under this Part;
(f) “preliminary investigator” includes the
registrar or any person appointed by the registrar who conducts a preliminary
investigation under this Part.
1992 c29 s1(17)
Panels
27.1(1) The chair
may designate a minimum of 3 members of a committee to sit as a panel of the
committee under this Part.
(2) The chair may establish as many panels as the chair
considers necessary.
(3) The chair must designate which member of a panel is to act
as the chair of the panel.
(4) A panel of a committee has all the powers and duties of a
committee under this Part.
(5) If a member designated under subsection (1) is not capable
of carrying out the powers and duties of a member, the panel may continue a
review, hearing or rehearing in which the member was participating and the
panel may carry out its powers and duties with respect to that review, hearing
or rehearing.
(6) A power or duty carried out by a panel of a committee is a
power or duty carried out by the committee.
(7) Two or more panels of a committee may carry out their powers
and duties simultaneously.
(8) Any reference in this Part or in Part 5 of this Act or in
Part 10 of the Health Professions Act to a committee may be read as a
reference to a panel of the committee.
2001
c23 s6
Complaint
28(1) A person may make a complaint to the registrar
regarding a registered member and the complaint must be dealt with in
accordance with this Part and the regulations.
(2) A
complaint under subsection (1) shall be accompanied with the complainant’s mailing address.
(3) A complaint about a person whose registration
has been cancelled or suspended under this Act may, notwithstanding the
cancellation or suspension, be dealt with within 5 years following the date of
cancellation or suspension as if the cancellation or suspension had not
occurred.
1992 c29 s1(17)
Preliminary
investigation
29(1) Forthwith on receipt of a complaint, the
registrar shall conduct or appoint a preliminary investigator to conduct a
preliminary investigation regarding the registered member.
(2) In
the absence of a complaint, if the registrar has evidence showing that the
conduct, skill, judgment or fitness to practise of a registered member poses a
significant risk to the public, the registrar may, after consultation with the
Director, conduct or appoint a preliminary investigator to conduct a
preliminary investigation regarding the registered member.
(3) The
registrar shall notify the registered member that a preliminary investigation
will be conducted, giving reasonable particulars of the matter to be
investigated.
(4) A
preliminary investigator may request any person to produce to the preliminary
investigator any models, charts, documents, papers, notes, records, radiographs
or other materials or things in the person’s possession or under the person’s
control and to attend the preliminary investigation.
(5) The
preliminary investigator may copy and keep copies of any of the things produced
under subsection (4).
(6) A
preliminary investigator may investigate any other matter regarding the
investigated person that arises in the course of the preliminary investigation.
(7) If
a registered member does not co‑operate with a preliminary investigator,
the preliminary investigator may make a complaint in writing to the committee,
and failure or refusal to co‑operate may be held by the committee to be
professional misconduct.
(8) Forthwith
on concluding a preliminary investigation, the preliminary investigator shall report
the findings
(a) to
the chair, if the registrar is conducting the preliminary investigation, or
(b) to the registrar, if the registrar is not
conducting the preliminary investigation.
1992 c29 s1(17)
Conclusion of
preliminary investigation
30(1) The registrar or the chair, as the case may be,
on receipt of a report by the preliminary investigator, shall
(a) direct
that no further action be taken, if in the opinion of the registrar or the
chair,
(i) the complaint is frivolous or vexatious, or
(ii) there is insufficient evidence of unskilled practice or
professional misconduct,
or
(b) refer
the matter under investigation in writing to the committee.
(2) The
registrar shall serve on the investigated person and the complainant, if any, a
notice that no further action will be taken or that the matter has been
referred to the committee, as the case may be.
(3) If the registrar serves a notice on the
complainant that no further action will be taken, the registrar shall inform
the complainant in writing that the complainant has the right under section 31
to request a review of that decision.
1992 c29 s1(17)
Review by committee
31(1) A complainant who is served with a notice that
no further action will be taken may, within 30 days after receipt of the
notice, request a review of that decision by the committee.
(2) A
request for a review must be made in writing and sent to the registrar.
(3) On
receiving a request for a review, the committee
(a) shall
determine
(i) whether the complaint is frivolous or vexatious, or
(ii) whether there is sufficient evidence of unskilled practice or
professional misconduct to warrant the matter under investigation being the
subject of a hearing,
and
(b) shall
notify the complainant and the investigated person in writing of its decision
and the reasons for its decision.
(4) Before coming to a decision, the committee
shall invite the complainant and the investigated person to attend before the
committee and make representations to it.
1992 c29 s1(17)
Suspension pending
decision
32(1) Notwithstanding anything in this Act, the chair
may recommend that the registration of an investigated person be temporarily
suspended pending the outcome of proceedings under this Part, and the registrar
may suspend the registration accordingly.
(2) An investigated person whose registration is
suspended under subsection (1) may, by filing an originating notice with the
Court of Queen’s Bench and serving a copy on the chair, apply for an order
staying the action of the registrar.
1992 c29 s1(17)
Hearing before committee
33(1) On referral to it of a matter under section 30
or on determining under section 31 that a hearing should be held, the committee
shall hold a hearing.
(2) A
hearing under subsection (1) shall be commenced not more than 90 days after the
date on which the matter is referred to the committee or the determination that
a hearing should be held is made.
(3) The
registrar, not less than 30 days before the date set for the hearing, shall
serve
(a) on
the investigated person a copy of the complaint, if any, and a notice of the
hearing stating the date, time and place at which the committee will hold the
hearing, and
(b) on the complainant, if any, a notice of the
hearing stating the date, time and place at which the committee will hold the
hearing.
1992 c29 s1(17)
Rights at a hearing
34(1) The investigated person and the complainant, if
any, may appear and be represented by counsel at the hearing.
(2) The
committee may be represented by counsel at the hearing.
(3) The
hearing shall be open to the public unless
(a) the
complainant requests that the hearing be held in private because of the
confidential nature of the matters to be heard, or
(b) in the opinion of the committee, the
interests of any person other than the investigated person may be detrimentally
affected if the hearing is not held in private.
1992 c29 s1(17)
Further investigation
35 If any other matter concerning
the conduct of the investigated person arises in the course of the hearing, the
committee may investigate and hear the matter, but in that event the committee
shall declare its intention to hear the further matter and shall permit the
investigated person a reasonable opportunity to prepare an answer to the
further matter.
1992 c29 s1(17)
Evidence
36(1) The committee is not bound by the rules of law
respecting evidence applicable to judicial proceedings.
(2) For the purpose of a hearing under this Act,
the registrar and the members of the committee are conferred with the powers of
a commissioner for oaths under the Commissioners
for Oaths Act.
1992 c29 s1(17)
Witnesses
37(1) The investigated person and any other person
who, in the opinion of the committee, has knowledge of the matter being heard
are compellable witnesses in any proceedings under this Part.
(2) A
witness may be examined under oath on all matters relevant to the hearing
before the committee and is not to be excused from answering any questions on
the ground that the answer might tend to
(a) incriminate
the witness,
(b) subject
the witness to punishment under this Act, or
(c) establish
the witness’s liability
(i) to a civil proceeding at the instance of the Crown or of any
other person, or
(ii) to prosecution under any Act,
but if the answer so
given tends to incriminate the witness, subject the witness to punishment or
establish the witness’s liability, it shall not be used or received against the
witness in any civil proceedings, in a prosecution under this Act or in any
proceeding under any other Act, except in a prosecution for or proceedings in
respect of perjury or the giving of contradictory evidence.
(3) For the purpose of obtaining the testimony of a
witness who is out of Alberta, a judge of the Court of Queen’s Bench, on an
application made ex parte by a health discipline association or the Director,
may direct the issuing of a commission to obtain the evidence of the witness,
and the commission shall be issued and the evidence taken pursuant to the Alberta Rules of Court.
1992 c29 s1(17)
Enforcement of
attendance and production of documents
38(1) The attendance of witnesses before the
committee and the production of models, charts, documents, papers, notes,
records, radiographs or other materials or things may be enforced by a notice
issued by the registrar requiring the witness to attend and stating the date,
time and place at which the witness is to attend and the models, charts,
documents, papers, notes, records, radiographs or other materials or things, if
any, that the witness is required to produce.
(2) On
the written request of the investigated person or of the person’s counsel or
agent, the registrar shall, without charge, issue and deliver to that person or
the person’s counsel or agent any notices that the person requires for the
attendance of witnesses or for the production of any item under subsection (1).
(3) A witness, other than the investigated person,
who has been served with a notice to attend or a notice for production under
subsection (1) or (2) is entitled to be paid the same fees as are payable to a
witness in an action in the Court of Queen’s Bench.
1992 c29 s1(17)
Failure to attend or
give evidence
39(1) Proceedings for civil contempt of court may be
brought against a witness
(a) who
fails
(i) to attend before the committee in compliance with a notice to
attend, or
(ii) to produce any models, charts, documents, papers, notes, records,
radiographs or other materials or things in compliance with a notice to produce
them,
or
(b) who
refuses to be sworn or to answer any question the witness is directed to answer
by the committee.
(2) If the witness referred to in subsection (1) is
a registered member, the failure or refusal may be held by the committee to be
professional misconduct.
1992 c29 s1(17)
Hearing in absence of
investigated person
40 The committee, on proof of service of the
notice of the hearing on the investigated person in accordance with this Act,
may
(a) proceed
with the hearing in the absence of the investigated person, and
(b) act and decide on the matter being heard in
the same way as if the investigated person were in attendance.
1992 c29 s1(17)
Findings by committee
41(1) Any conduct of a registered member that, in the
opinion of the committee,
(a) is
detrimental to the best interests of the public,
(b) contravenes
this Act or the regulations, or
(c) displays
a lack of knowledge, skill or judgment in the practice of the designated health
discipline,
whether or not that
conduct is disgraceful or dishonourable, may constitute either unskilled
practice of the designated health discipline or professional misconduct,
whichever the committee finds.
(2) The committee may find that the conduct of an
investigated person constitutes or does not constitute unskilled practice of
the designated health discipline or professional misconduct, or both.
1992 c29 s1(17)
Order of committee
42(1) If a committee finds that the conduct of an
investigated person constitutes unskilled practice of the designated health
discipline or professional misconduct, or both, the committee may make one or more
of the following orders:
(a) reprimand
the investigated person;
(b) suspend
the registration of the investigated person for a specified period;
(c) suspend
the registration of the investigated person until
(i) the investigated person has completed a specified course of
studies or obtained supervised practical experience, or
(ii) the committee is satisfied as to the competency of the
investigated person;
(d) accept,
in place of a suspension, the investigated person’s undertaking to limit the
investigated person’s practice;
(e) impose
any conditions or limitations on the practice of the designated health
discipline by the investigated person that it considers appropriate;
(f) direct
the investigated person to pass a particular course of studies or satisfy the
committee as to the investigated person’s professional competency;
(g) direct
the investigated person to satisfy the committee that a disability or addiction
can be or has been overcome, and suspend the investigated person’s registration
until the committee is so satisfied;
(h) require
the investigated person to take counselling that, in the opinion of the
committee, is appropriate;
(i) require
the investigated person to waive, reduce or repay a fee for services provided
by the investigated person that, in the opinion of the committee, were not
provided or were improperly provided;
(j) cancel
the registration of the investigated person;
(k) make
any further or other order that it considers appropriate.
(2) If the committee is satisfied that an
investigated person has contravened an order under subsection (1), it may,
without the necessity of a further hearing, order that the registration of the
investigated person be suspended or cancelled subject to any terms it considers
appropriate and shall serve the investigated person with notice of the
suspension or cancellation.
1992 c29 s1(17)
Payment of costs and
fine
43(1) The committee may, in addition to or instead of
dealing with the conduct of an investigated person in accordance with section
42, order that the investigated person pay, within the specified time,
(a) all
or part of the costs of the hearing,
(b) a
fine not exceeding $5000 for each finding of unskilled practice or professional
misconduct and $10 000 in the aggregate for all such findings arising out
of the hearing, or
(c) the
costs under clause (a) and the fines under clause (b).
(2) If
a person ordered to pay a fine, costs, or both, under subsection (1) fails to
pay the fine or costs within the time ordered, the registrar may suspend the
registration of the person until the fine and costs are paid and shall serve
the person with notice of the suspension.
(3) A
fine or costs ordered to be paid pursuant to subsection (1) shall be paid
(a) if
the order is made by a conduct and competency committee, to the health
discipline association, or
(b) if the order is made by a Committee
established under section 9(1)(a), to the General Revenue Fund.
1992 c29 s1(17)
Effect of suspension
44 A person whose registration as
a registered member of a designated health discipline is suspended under this
Act shall not practise the designated health discipline until notified by the
registrar in writing that the suspension has been revoked or the suspension has
expired in accordance with its terms.
1992 c29 s1(17)
Decision and record of
hearing
45(1) The committee shall, within a reasonable time
after the conclusion of the hearing, provide a written decision on the matter,
in which it shall
(a) describe
each finding made by it,
(b) state
the reasons for each finding made by it, and
(c) state
any order made by it.
(2) The
committee shall forward to the registrar
(a) the
decision, and
(b) the
record of the hearing, consisting of all evidence presented before it,
including
(i) all exhibits,
(ii) all documents, and
(iii) a summary of all testimony given before it.
(3) The
registrar shall, on receiving the decision of the committee and the record of
the hearing referred to in subsection (2), serve on the investigated person and
on the complainant, if any,
(a) a
copy of the decision, and
(b) a
statement of the right of the investigated person and the complainant, if any,
to appeal the decision to the Board.
(4) The
registrar shall send a copy of the decision to the Director.
(5) The investigated person, the Director and the
complainant, if any, may examine the record of the hearing before the committee
or any part of the record.
1992 c29 s1(17)
Rehearing
46 If there is new evidence
available that was not available or for good reason was not presented at the
hearing before the committee, the committee may, with the consent of the
investigated person, rehear any matter already heard by it and, for that
purpose, has the same powers and duties that it had and was subject to in
connection with the first hearing.
1992 c29 s1(17)
Stay pending appeal
47(1) Subject to subsection (2), a decision of the
committee remains in effect until the Board makes a decision on an appeal.
(2) An investigated person may apply to the Board
for an order staying the decision of the committee pending the outcome of the
appeal to the Board.
1992 c29 s1(17)
Part 5
Appeals
Appeal to Board
48(1) An investigated person or the complainant, if
any, may appeal a finding or an order, or both, of the committee to the Board
by notice in writing.
(2) A
notice of appeal under subsection (1) shall
(a) describe
the finding or order, or both, being appealed, and
(b) state
the reasons for the appeal.
(3) A
notice of appeal under this section shall be served on the Director not more
than 30 days after the date on which the decision of the committee is served on
the investigated person or the complainant, as the case may be.
(4) The Director shall, on receiving a notice of
appeal under subsection (3), give a copy of the notice of appeal to each member
of the Board and make the decision of the committee and the record of the
hearing available to each member of the Board.
1992 c29 s1(17);1994 c27
s3
Notice and hearing
49(1) The Director shall, on receiving a notice of
appeal, serve on the investigated person and the complainant, if any, a notice
of hearing of an appeal stating the date, time and place at which the Board
will hear the appeal.
(2) The
Board shall,
(a) if
the registration of the investigated person has been cancelled or suspended,
hear the appeal within 30 days after the date of service of the notice of
appeal, or
(b) if
the registration of the investigated person has not been cancelled or
suspended, hear the appeal within 90 days after the date of service of the
notice of appeal.
(3) The
Board may extend the periods referred to in subsection (2) for one or more
additional periods, but
(a) in
a case to which subsection (2)(a) applies, no extension may be granted without
the consent of the investigated person, and
(b) in a case to which subsection (2)(b)
applies, no extension may be granted for a period of more than 90 days.
1992 c29 s1(17)
Proceedings before Board
50(1) The investigated person, the complainant, if
any, and the health discipline association, if any, may appear and be
represented by counsel at the hearing of an appeal before the Board.
(2) The
appeal to the Board shall be founded on the record of the hearing before the
committee and the decision of the committee.
(3) Sections
36 to 40 apply to proceedings before the Board.
(4) The
Board may
(a) grant
adjournments of the proceedings or reserve the determination of the matters
before it to a future meeting of the Board,
(b) on
granting special leave for that purpose, receive further evidence, and
(c) draw
inferences of fact and make any determination or finding that, in its opinion,
ought to have been made by the committee.
(5) The
hearing before the Board shall be open to the public unless
(a) the
complainant requests that the hearing be held in private because of the
confidential nature of the matter to be heard, or
(b) in the opinion of the Board, the interests
of any person other than the investigated person may be detrimentally affected
if the hearing is not held in private.
1992 c29 s1(17);1994 c27
s3
Decision of Board
51(1) The Board, not more than 90 days after the
conclusion of all proceedings before it, shall
(a) make
any finding or order that, in its opinion, ought to have been made by the
committee,
(b) quash,
confirm or vary the finding or order of the committee or substitute or make a
finding or order of its own, or
(c) refer
the matter back to the committee for further consideration in accordance with
any direction that the Board may make.
(2) The
Board may make any award as to the costs of any appeal to it that it considers
appropriate.
(3) The
Board shall, within a reasonable time after the conclusion of the proceedings
before it, make a written decision on the matter and shall forward the decision
to the Director.
(4) The
Director shall
(a) serve
a copy of the decision on the investigated person, the complainant, if any, and
the registrar, and
(b) inform
the investigated person, the complainant, if any, and the Health Discipline
Committee or the health discipline association, as the case may be, in writing
of the right to appeal the decision to the Court of Appeal.
(5) Subject
to subsection (6), the decision of the Board remains in effect until the Court
of Appeal makes a decision on an appeal.
(6) An investigated person may, by filing an
originating notice with the Court of Queen’s Bench and serving a copy on the
Director, apply for an order staying the decision of the Board pending the
outcome of the appeal to the Court of Appeal.
1992 c29 s1(17);1994 c27
s3
Appeal to Court of
Appeal
52(1) Any of the following may appeal a decision of
the Board to the Court of Appeal:
(a) the
investigated person;
(b) the
complainant, if any;
(c) if
the designated health discipline is governed by a health discipline
association, the governing body of that association;
(d) if
the designated health discipline is governed by a Committee, the chair of that
Committee.
(2) An
appeal under this section shall be commenced
(a) by
filing a notice of appeal with the Registrar of the Court at Edmonton or
Calgary, and
(b) by
serving a copy of the notice of appeal on the Board,
within 30 days from
the date on which the decision of the Board is served on the appellant.
(3) The appeal to the Court of Appeal shall be
founded on the record of the proceedings before the Board and the decision of
the Board.
1992 c29 s1(17)
Powers of Court
53(1) The Court of Appeal on hearing an appeal may
(a) make
any finding or order that, in its opinion, ought to have been made,
(b) quash,
confirm or vary the decision of the Board or any part of it,
(c) refer
the matter back to the Board for further consideration in accordance with any
direction of the Court, or
(d) direct
that a trial of any mixed questions of law and fact related to a finding or
order, or both, of the Board be held before the Court of Queen’s Bench.
(2) The Court of Appeal may make any award as to
the costs of an appeal to it that it considers appropriate.
1992 c29 s1(17)
Termination of
employment by employer
54 If the employment of a
registered member is terminated because of conduct that is, in the opinion of
the former employer or that is alleged by the former employer to be,
professional misconduct, conduct that displays a lack of skill or judgment in
the practice of a designated health discipline or conduct that indicates that
the person is unfit to practise a designated health discipline, the former
employer shall report the matter to the registrar or the Director and provide a
copy of the report to the registered member.
1984 c53 s18;1992 c29 s1(17)
Part 6
General Provisions
Regulations
55(1) The Board may make regulations
(a) prescribing
the health services that registered members of each designated health
discipline may provide;
(b) prescribing
the conditions or restrictions, if any, under which registered members of each
designated health discipline may provide health services;
(c) establishing
the qualifications and conditions of eligibility for applicants for
registration and renewal of registration in each designated health discipline;
(d) respecting
registers to be kept by the registrar;
(e) prescribing
standards of conduct and competency for registered members of each designated
health discipline;
(f) prescribing,
in respect of a designated health discipline, a date or dates for the purposes
of section 24;
(g) respecting
training programs for applicants for registration and renewal of registration
in each designated health discipline;
(h) respecting
examinations for the purposes of registration and renewal of registration in
each designated health discipline;
(i) prescribing
the matters to be entered by the registrar in a register described in clause
(d);
(j) prescribing
the conditions for renewal of registration to be met by a registered member of
a designated health discipline pursuant to section 24(3)(a) and (b);
(k) respecting
the name, title, description, abbreviation or initial that a registered member
of a designated health discipline may use to indicate that the registered
member is a member of a designated
health discipline;
(l) respecting
fees payable to the Minister for registration, conducting an examination, and
the renewal of registration;
(m) respecting
the temporary registration of a person in a designated health discipline;
(n) respecting
the limitations and restrictions on the practice of a designated health
discipline by a person described in clause (m);
(o) prescribing
the information that the registrar may include on an annual certificate;
(p) prescribing
the number of members on the governing body of a health discipline association;
(q) providing
for the establishment of a registration committee and a conduct and competency
committee for a health discipline association;
(r) prescribing
the date by which a health discipline association shall submit the report
required under section 18;
(s) respecting
inspections under section 60;
(t) requiring
registered members of a designated health discipline to carry professional
liability insurance and governing the minimum coverage required;
(u) respecting
the establishment of practice review committees;
(v) respecting
the responsibilities, duties and composition of a practice review committee.
(2) A
regulation under subsection (1) does not come into force unless it is approved
by the Lieutenant Governor in Council under subsection (3).
(3) The
Lieutenant Governor in Council may, with respect to a regulation referred to in
subsection (1),
(a) approve
the regulation,
(b) vary
the regulation and approve the regulation as varied, or
(c) disapprove the regulation.
RSA 2000 cH‑2
s55;2006 c23 s39
Regulations
56 Notwithstanding section 55, if the Minister has
requested the Board to make a regulation under section 55(1) or to amend or
repeal a regulation made under section 55(1) and the Board neglects or refuses
to make the regulation so requested or to amend or repeal a regulation as
requested by the Minister within 60 days after the date of the request, the
Lieutenant Governor in Council may make the regulation so requested, or may
amend or repeal the regulation as requested.
RSA 1980 cH‑5.1
s28
Bylaws
57(1) The governing body of a health discipline
association may make bylaws
(a) for
the government of the health discipline association and the management and
conduct of its affairs;
(b) determining
the location of the head office of the health discipline association;
(c) respecting
the calling of and conduct of meetings of the health discipline association and
its governing body;
(d) respecting
the nomination, election, number and term of office of members of the governing
body and officers of the health discipline association, the filling of
vacancies on the governing body and any committee or board established by the
governing body, the appointment to the governing body and any committee or
board established by the governing body of members who are members by virtue of
their offices, and prescribing their powers, duties and functions, except the
power to amend, repeal or suspend any bylaw of the governing body;
(e) providing
for the appointment of alternate members of a governing body and procedures for
the election of registered members;
(f) providing
for the term of office of a registrar appointed under section 15 and the
appointment of an individual as an acting registrar who has all of the powers
and performs all of the duties of a registrar under this Act, the regulations
and the bylaws when a registrar is absent or unable to act or when there is a
vacancy in the office of a registrar appointed under section 15;
(g) prescribing
the number of members that constitutes a quorum at meetings of the health
discipline association;
(h) providing
for the delegation of any powers or duties of a governing body under this Act,
the regulations or the bylaws with or without conditions to a committee
established by the governing body;
(i) respecting
the establishment of and payment of sums of money for scholarships, fellowships
and any other educational incentive or benefit programs that the governing body
considers appropriate;
(j) governing
the publication of the names of applicants for registration under this Act;
(k) requiring
persons who engage in the practice of a designated health discipline to
maintain a business address in Alberta and to inform the registrar appointed
under section 15 in writing of that address and of any change in that address
forthwith after the change occurs;
(l) prescribing
the manner of proof as to matters required to be proved by applicants for
registration;
(m) respecting
qualifications and conditions to be met by candidates for registration as
student, associate and honorary members;
(n) respecting
the holding of votes by mail on any matter relating to a health discipline
association;
(o) respecting
fees payable to a health discipline association for registration, conducting an
examination, and the renewal of registration.
(2) A
bylaw under subsection (1) does not come into force unless it is approved by a
majority of members of a health discipline association
(a) present
and voting at a general meeting, or
(b) voting
at a vote conducted by mail in accordance with the bylaws.
(3) The Regulations
Act does not apply to bylaws of a health discipline association.
1984 c53 s20;1985 c31
s7;1986 c18 s13;1992 c29 s1(19)
Forms
58 The Minister may prescribe forms for the
purposes of this Act.
1986 c18 s14;1994 c40 s4
Service of documents
59 A notice, order, request for review, complaint
or other document or a copy of any one or more of them that is required by this
Act to be given or served on or that may be made to any person shall be served
personally or by registered or certified mail addressed to the person at the
person’s last known address.
RSA 1980 cH‑5.1
s29
Inspection
60(1) The Lieutenant Governor in Council may, on the
recommendation of the Minister, permit the registrar to conduct, in accordance
with this section, an inspection of the practice of any registered member of
the designated health discipline named in the order for the purpose of
determining whether the regulations relating to that designated health
discipline are being complied with.
(2) The
registrar or a person designated by the Registrar may, during ordinary business
hours, enter and inspect the business premises of a registered member of a
designated health discipline for the purpose set out in subsection (1).
(3) A
person who enters premises under subsection (2)
(a) shall
provide at least 48 hours’ notice to the registered member before the person
enters the premises, and
(b) may
require the production for the purpose of inspection of any documents or
records required to be maintained under the regulations.
(4) If
a person other than the registrar carries out an inspection under this section
that person shall, on concluding the inspection, report to the registrar.
(5) On
concluding an inspection under subsection (2) or on receiving a report under
subsection (4), the registrar
(a) shall,
if there is evidence that the regulations are not being complied with, serve
the registered member with a notice in writing specifying
(i) the manner in which the regulations are not being complied with,
(ii) any remedial action to be taken by the registered member, and
(iii) the date by which any remedial action shall be completed,
or
(b) may,
if there is evidence of conduct that is or is alleged to be unbecoming conduct
or that shows or is alleged to show a lack of skill or judgment in the practice
of the health discipline, refer the matter to be dealt with as a complaint
under Part 4.
(6) If
a registered member fails to carry out the remedial action required under subsection
(5) by the date specified in the notice, the registrar shall refer the matter
to be dealt with as a complaint under Part 4.
(7) The
registrar shall provide to the Director a written report of each inspection
carried out under this section setting out
(a) the
evidence that the regulations are not being complied with and the matters
referred to in subsection (5)(a),
(b) the
evidence of conduct that is or is alleged to be unbecoming conduct or that
shows or is alleged to show a lack of skill or judgment in the practice of a
health discipline, or
(c) a statement that the regulations are being
complied with.
1988 c23 s12;1992 c29
s1(20)
Confidentiality of
information
61 Subject to this Act or any other Act and the
regulations under this Act or any other Act, all matters coming before the
Board, a Committee, a health discipline association or a committee appointed by
a health discipline association in respect of any person who receives health
services from a registered member of a designated health discipline shall be
treated by the members of the Board, the Committee, the health discipline
association or the committee appointed by a health discipline association as
private and confidential information, and that information shall not be
published, released or disclosed in any manner that might be detrimental to the
personal interests, reputation or privacy of that person without that person’s
consent.
RSA 1980 cH‑5.1
s30;1984 c53 ss21,25
Appointment to Board or
Committee
62 A person is not eligible to be appointed as or,
on being appointed, to continue as a member of the Board, a Committee, the
governing body of a health discipline association, or a committee appointed by
a health discipline association for a designated health discipline if the person
represents or is normally engaged in representing
(a) an
employer of registered members of that designated health discipline, or
(b) a
group of employees who are registered members of that designated health
discipline,
in negotiations of collective agreements for a bargaining
unit that consists of or includes those registered members.
RSA 1980 cH‑5.1
s31;1984 c53 ss22,25;1985 c31 s8
Protection from
liability
63(1) No action lies against
(a) a
member of the Board, a Committee, a health discipline association or a
committee appointed by a health discipline association, a practice review
committee, the Director, a registrar, or any person acting on the instructions
of any of them, or
(b) any
member, officer or employee of a health discipline association
for anything done by
that person in good faith and in purporting to act under this Act, the
regulations or a bylaw that relates to or is incidental to a professional
matter or a matter of public interest that is or may be the subject of a
regulation under section 55.
(2) No
action for defamation may be founded on a communication that consists of or
pertains to the conduct of a person who is entitled to engage in the practice
of a designated health discipline if the communication is published to or by
(a) a
member of a Committee, a health discipline association, a committee appointed
by a health discipline association or the Board or a practice review committee,
(b) an
officer or employee of a health discipline association, or
(c) a
person acting on the instructions of a person referred to in clause (a) or (b)
in good faith in the course of investigating the conduct or
in the course of any proceeding under this Act relating to the conduct.
1984 c53 s23;1992 c29
s1(21);1994 c27 s3
Offence
64(1) A person who contravenes section 2 or 61 or who
practises a designated health discipline of which the person is a registered
member when the person’s registration is suspended is guilty of an offence and
liable
(a) for
a first offence, to a fine of not more than $2000,
(b) for
a 2nd offence, to a fine of not more than $4000, and
(c) for
a 3rd and every subsequent offence, to a fine of not more than $6000 or to
imprisonment for a term of not more than 6 months or to both fine and
imprisonment.
(2) A prosecution under this section may be
commenced within 2 years after the commission of the alleged offence, but not
afterwards.
RSA 1980 cH‑5.1
s32;1992 c29 s1(22)
Injunction
65 The Court of Queen’s Bench, on
application by the Director or a health discipline association by way of
originating notice, may grant an injunction enjoining any person from doing any
act that contravenes section 2, notwithstanding any penalty that may be
provided by this Act in respect of that contravention.
1992 c29 s1(22)
Coming into force
66 Clauses (f), (k) and (n) of the Schedule
come into force on Proclamation.