Third Session, Thirty-Seventh Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
Bill 26
THE OCCUPATIONAL THERAPISTS ACT
Section | Table of Contents |
PART 1 | |
DEFINITIONS | |
1 | Definitions |
PART 2 | |
PRACTICE OF OCCUPATIONAL THERAPY | |
2 | Practice of occupational therapy |
3(1) | Representation as an occupational therapist |
(2) | Use of titles |
PART 3 | |
COLLEGE OF OCCUPATIONAL THERAPISTS OF MANITOBA | |
4(1) | College established |
(2) | Duty to serve the public interest |
(3) | Powers |
(4) | Membership |
(5) | Meetings |
(6) | Notice of meetings |
(7) | Public meetings |
5(1) | Council |
(2) | Council to manage affairs |
6(1) | Composition of council |
(2) | Public representatives |
(3) | By-laws for election and appointment of members |
(4) | Roster of public representatives |
(5) | Officers |
(6) | Remuneration |
(7) | Registrar and staff |
(8) | Committees |
PART 4 | |
REGISTRATION | |
REGISTERS | |
7(1) | Registers |
(2) | Register of occupational therapists |
(3) | Access to information |
APPLICATIONS FOR REGISTRATION | |
8 | Board of assessors |
9(1) | Registration of occupational therapists |
(2) | Conditions |
(3) | Entry in the register |
(4) | Certificate of registration |
10 | Application for registration not approved |
APPEAL | |
11(1) | Appeal to council |
(2) | Notice |
(3) | Hearing |
(4) | Right to appear |
(5) | Participation by member of board of assessors |
(6) | Documentation |
(7) | Counsel to the council |
(8) | Decision by council |
(9) | Notice of decision of appeal |
12(1) | Appeal to court |
(2) | Appeal on record |
(3) | Copy of documentation |
(4) | Powers of court on appeal |
ANNUAL CERTIFICATE OF REGISTRATION | |
13 | Certificate of registration |
CANCELLATION OF REGISTRATION | |
14(1) | Registration may be cancelled if fraud |
(2) | Registration may be cancelled if conviction |
(3) | Appeal |
PART 5 | |
CONTINUING COMPETENCE | |
15 | Continuing competence program |
PART 6 | |
COMPLAINTS | |
16 | Definitions |
INVESTIGATION COMMITTEE | |
17(1) | Investigation committee |
(2) | Public representatives |
18(1) | Complaints against members |
(2) | Complaints against former members |
19 | Referral to investigation committee |
20(1) | Informal resolution |
(2) | Investigation |
(3) | Legal counsel and experts |
(4) | Records and information |
(5) | Failure to produce records |
(6) | Investigation of other matters |
(7) | Report to investigation committee |
DECISION OF INVESTIGATION COMMITTEE | |
21(1) | Decision of investigation committee |
(2) | Matter not resolved by mediation |
(3) | Decision served on member and complainant |
(4) | Hearing not required |
(5) | Counsel to the investigation committee |
22(1) | Conditions on right to practise |
(2) | Costs |
23(1) | Personal appearance |
(2) | Publication of censure |
(3) | Order for costs |
VOLUNTARY SURRENDER OF REGISTRATION | |
24(1) | Voluntary surrender of registration |
(2) | Order for costs |
(3) | Publication of voluntary surrender |
25 | Conditions on reinstatement |
APPEAL BY COMPLAINANT | |
26(1) | Appeal by complainant to council |
(2) | Notice |
(3) | Power on appeal |
(4) | Notice of decision |
(5) | Hearing not required |
SUSPENSION OF REGISTRATION PENDING DECISION | |
27(1) | Suspension of registration pending decision |
(2) | Notice of suspension or conditions |
28 | Application for stay |
MISCELLANEOUS | |
29 | Referral to inquiry committee |
30 | Disclosure of information to authorities |
INQUIRY COMMITTEE | |
31(1) | Inquiry committee |
(2) | Public representatives |
32(1) | Selection of panel |
(2) | Composition |
(3) | Exclusion from panel |
(4) | Effect of member being unable to continue |
HEARINGS | |
33(1) | Hearing |
(2) | Date of hearing |
(3) | Notice of hearing |
(4) | Public notice of hearing |
34(1) | Right to appear and be represented |
(2) | Adjournments |
(3) | Recording of evidence |
35(1) | Member may examine documentary evidence |
(2) | Member to provide documentary evidence |
(3) | Evidence of expert without report |
(4) | Failure to provide summary |
36 | Investigation of other matters |
37(1) | Hearings open to public |
(2) | No reporting of identity |
(3) | Exclusion of public |
(4) | Public information may be disclosed |
(5) | Exclusion of public during certain motions |
(6) | Orders with respect to matters in submissions |
(7) | Reasons for excluding the public to be available |
38(1) | Oral and affidavit evidence |
(2) | Oral evidence |
(3) | Power to administer oaths and affirmations |
39(1) | Witnesses |
(2) | Notice to attend and produce records |
(3) | Registrar to provide notices |
(4) | Witness fees |
(5) | Failure to attend or give evidence |
40 | Hearing in absence of member |
DECISION OF PANEL | |
41 | Findings of panel |
42(1) | Orders of panel |
(2) | Panel may consider past censure |
(3) | Ancillary orders |
(4) | Costs when conditions imposed |
(5) | Contravention of order |
(6) | Suspension or cancellation of registration |
43(1) | Costs and fines |
(2) | Nature of costs |
(3) | Failure to pay costs and fines by time ordered |
(4) | Filing of order |
44(1) | Written decision |
(2) | Decision forwarded to registrar |
(3) | Service of decision |
(4) | Copies of transcript |
45 | Publication of decision |
APPEAL TO COURT OF APPEAL | |
46(1) | Appeal to Court of Appeal |
(2) | Commencement of appeal |
(3) | Appeal on the record |
47 | Powers of Court on appeal |
48 | Stay pending appeal |
REINSTATEMENT | |
49 | Reinstatement |
PART 7 | |
REGULATIONS, BY-LAWS AND CODE OF ETHICS | |
50(1) | Regulations |
(2) | Approval of regulations |
51(1) | By-laws |
(2) | Amendments and repeal of by-laws |
52 | Code of ethics |
PART 8 | |
GENERAL PROVISIONS | |
PRACTICE AUDITORS | |
53(1) | Appointment of practice auditors |
(2) | Audit of an occupational therapy practice |
54(1) | Entry of premises and inspection of records |
(2) | Admissibility of copies |
(3) | Entry with order |
(4) | Obstruction of practice auditor |
SERVICE OF DOCUMENTS | |
55(1) | Service of documents |
(2) | Deemed receipt |
(3) | Proof of service |
REGISTRAR'S CERTIFICATE | |
56 | Registrar's certificate |
PROOF OF CONVICTION | |
57 | Proof of conviction |
OFFENCES | |
58(1) | Offence |
(2) | Offence |
(3) | Fraudulent representation on application for registration |
(4) | Offence by employer |
(5) | Limitation on prosecution |
(6) | Prosecution of offence |
(7) | Stay of proceedings |
59 | Single act of unauthorized practice |
PROTECTION FROM LIABILITY | |
60 | Protection from liability |
61 | Limitation period for members |
CONFIDENTIALITY OF INFORMATION | |
62 | Confidentiality of information |
INJUNCTION | |
63 | Injunction |
DUTY OF MEMBERS TO REPORT | |
64(1) | Duty of members to report |
(2) | Exemption from liability for disclosure |
EMPLOYER'S RESPONSIBILITY | |
65(1) | Employer's responsibility to ensure registration |
(2) | Annual review |
(3) | Responsibility to report misconduct |
(4) | Referral to investigation committee |
ANNUAL REPORT | |
66(1) | Annual report |
(2) | Contents of report |
PART 9 | |
TRANSITIONAL, REPEAL AND COMING INTO FORCE | |
67(1) | "Former Act" defined |
(2) | Registration continued |
(3) | Application for registration continued |
(4) | Council continued |
(5) | Complaints under former Act: inquiry commenced |
(6) | Complaints under former Act: no inquiry commenced |
68 | Repeal |
69 | C.C.S.M. reference |
70 | Coming into force |