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The Medical Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1996, c. 3

THE MEDICAL AMENDMENT ACT


 

(Assented to June 6, 1996)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. M90 amended

1         The Medical Act is amended by this Act.

2         Section 1 is amended

(a) by repealing the definition "lay person"; and

(b) by adding the following definition in alphabetical order:

"public representative" means a person who is not registered under this Act and who is not, and has never been, a medical practitioner; (« représentant du public »)

3(1)      Subsection 6(1) is amended by striking out "whose name has not been erased or removed from the register" and substituting "whose registration has not been cancelled".

3(2)      Subsection 6(3) is repealed and the following is substituted:

Registration cancelled after two year absence

6(3)      The council shall cancel the licence of a member who, for a period of two years without the approval of council,

(a) has not resided in or has been absent from the province; or

(b) has not practised medicine;

and the registrar shall cancel the member's registration.

Re-registration

6(4)       A member whose registration is cancelled under subsection (3) and who wishes to register again must do so in accordance with this Act.

4(1)      Subsection 12(1) is amended by striking out "erase from the register the name" and substituting "cancel the registration".

4(2)      Subsection 12(2) is amended by striking out ", and the name of a person shall not be erased," and substituting "or cancelled".

5(1)      Subsection 14(1) is amended by striking out "erase the name of that person from the register and shall thereupon in writing notify the person whose name has been so erased" and substituting "cancel the person's registration and notify the person in writing of the cancellation".

5(2)      Subsection 14(2) is amended

(a) in the section heading, by striking out "erasure of name from register." and substituting "cancellation"; and

(b) by striking out "name has been erased from the register" and substituting "registration has been cancelled".

6(1)      Subsection 18(3) is amended by striking out "or invalidated".

6(2)      Subsection 18(4) is amended by striking out "lapses" and substituting "is cancelled".

6(3)      Subsection 18(7) is amended by striking out "lapsed" and substituting "been cancelled".

7         Section 23 is amended by striking out "name has not been erased or removed from the register," and substituting "registration has not been cancelled".

8         Clause 28(g) is amended by striking out "Canadian and British Insurance Companies Act (Canada)" and substituting "Insurance Companies Act (Canada)".

9         Clause 31(1)(c) is amended by striking out "lay members" and substituting "public representatives".

10        Subsection 32(3) is amended by striking out "who is a citizen of Canada".

11        The following is added after subsection 35(2):

By-laws for terms of office and procedure

35(3)     The council may make by-laws establishing the terms of office for members of the committees and regulating the practice and procedure of the committees.

12        Subsection 36(1) is amended

(a) by repealing clauses (b), (c) and (d); and

(b) in clause (f), by striking out "revoke" and substituting "cancel".

13        Subsection 39(1) of the English version is amended by striking out "phycisal" and substituting "physical".

14        Subsection 40(5) is amended

(a) by repealing the section heading and substituting "Prohibition"; and

(b) by striking out "It is unbecoming conduct for a medical practitioner to" and substituting "No medical practitioner shall".

15        Parts VIII to X are repealed and the following is substituted:

PART VIII

COMPLAINTS COMMITTEE

Complaints committee

41(1)     The council shall appoint a complaints committee consisting of

(a) a councillor who is to be the chair; and

(b) other members of the college and public representatives appointed from time to time.

Public representatives

41(2)     At least 1/3 of the persons appointed to the complaints committee must be public representatives.

Complaints

42(1)     Any person may make a complaint in writing to the registrar about the conduct of a member, and the complaint shall be dealt with in accordance with this Act.

Complaints against former members

42(2)     If, after a member's registration or licence is suspended, cancelled or not renewed under this Act,

(a) a complaint is made about the former member;  and

(b) the complaint relates to conduct occurring before the suspension, cancellation or non-renewal;

the complaint may, notwithstanding the suspension, cancellation or non-renewal,  be dealt with within five years after the date of the suspension, cancellation or non-renewal as if the former member's registration or licence were still in effect.

Referral to complaints committee

43(1)     The registrar shall refer to the complaints committee

(a) a complaint made under section 42; and

(b) any other matter that the registrar or the executive committee considers advisable.

Resolution of complaints

43(2)     The complaints committee shall review a complaint or other matter referred to it and shall attempt to resolve it informally if the committee considers informal resolution to be appropriate.

Advice to the member

43(3)     On resolving a complaint or other matter, the complaints committee may provide advice to the member about the practice of medicine.

Referral to investigation committee

43(4)     If a complaint or other matter that is referred to the complaints committee is not resolved to the complainant's satisfaction, the complainant may, within six months after being informed of the complaints committee's decision, request that the complaint or matter be referred to the investigation committee, and the complaints committee shall make the referral.

PART IX

INVESTIGATION COMMITTEE

APPOINTMENT AND POWERS

Investigation committee

44(1)     The council shall appoint an investigation committee consisting of

(a) a councillor who is to be the chair; and

(b) other members of the college and public representatives appointed from time to time.

Public representatives

44(2)     At least 1/3 of the persons appointed to the investigation committee must be public representatives.

Investigation

45(1)     When the investigation committee receives a referral from

(a)  the complaints committee under subsection 43(4); or

(b)  the registrar or the executive committee in circumstances where the registrar or the executive committee considers a referral to be advisable;

it may direct that an investigation of the matter referred be held and may appoint a person to conduct the investigation.

Legal counsel and experts

45(2)       A person conducting an investigation may engage legal counsel and employ any other experts that the person considers necessary.

Records and information

45(3)     A person conducting an investigation may

(a) require the member who is the subject of the investigation to produce any records, documents  and things in his or her possession or under his or her control that may be relevant to the investigation;

(b) require any other member of the college to produce any records,  documents  and things in his or her possession or under his or her control that may be relevant to the investigation;

(c) require the member who is the subject of the investigation or any other member of the college who may have information relevant to the investigation to attend before the person conducting the investigation to be interviewed; and

(d) direct an inspection or audit of the practice of the member who is the subject of the investigation.

Application to court for evidence

45(4)      The college may apply to the court for an order

(a) directing any member to produce to the person conducting an investigation any records, documents  and things in his or her possession or under his or her control, if it is shown that a member failed to produce them when required by the person conducting the investigation; or

(b) directing any person to produce to the person conducting an investigation any records, documents  and things that are or may be relevant to the matter being investigated.

Investigation of other matters

45(5)     A person conducting an investigation may investigate any other matter related to the professional conduct or the skill in practice of the member that arises in the course of the investigation.

Report to investigation committee

46        At the conclusion of an investigation, the person conducting it shall report his or her findings to the investigation committee.

DECISION OF COMMITTEE

Decision of investigation committee

47(1)     After a review or an investigation, the investigation committee may do one or more of the following:

(a) direct that the matter be referred, in whole or in part, to the inquiry committee;

(b) direct that no further action be taken;

(c) censure the member if

(i) the committee has met with the member and the member has agreed to accept the censure, and

(ii) the committee has determined that no action is to be taken against the member other than the censure;

(d) enter into an agreement with the member or accept an undertaking from the member that provides for one or more of the following:

(i) assessing the member's capacity or fitness to practise medicine,

(ii) counselling or treatment of the member,

(iii) monitoring or supervision of the member's practice of medicine,

(iv)  the member's completion of  a specified course of studies by way of remedial training,

(v) placing restrictions or conditions on the member's licence;

(e) accept the voluntary surrender of the member's licence;

(f) take any other action that it considers appropriate in the circumstances and that is not inconsistent with or contrary to this Act or the by-laws.

Notice to member and complainant

47(2)     The investigation committee shall notify the member and the complainant in writing of the committee's decision under subsection (1) and the reasons for its decision.

Hearing not required

47(3)     Except as required by clause (1)(c), the investigation committee is not required to hold a hearing or to afford any person an opportunity to appear or to make formal submissions before making a decision under this section.

Restrictions and conditions on licence

48(1)     If the investigation committee enters into an agreement with a member or accepts a member's undertaking for restrictions and conditions on the member's licence to practise medicine under subclause 47(1)(d)(v), those restrictions and conditions may include the conditions referred to in subsection 50(3).

Costs

48(2)     The investigation committee may order the member to pay all or part of the costs incurred by the college in monitoring compliance with an agreement or undertaking under clause 47(1)(d).

CENSURE

Censure: personal appearance

49(1)     The investigation committee may require a member who is censured under clause 47(1)(c) to appear personally before the committee to be censured.

Publication of censure

49(2)     The investigation committee may publish the fact that a member has been censured, and publication may include the member's name and a description of the circumstances that led to the censure.

Order for costs

49(3)     If the investigation committee censures a member, it may also order the member to pay all or part of the costs of the investigation.

VOLUNTARY SURRENDER OF LICENCE

Voluntary surrender of licence

50(1)     If the investigation committee accepts a voluntary surrender of a member's licence to practise medicine under clause 47(1)(e), it may direct the member to do one or more of the following, to the satisfaction of any person or committee that the investigation committee may determine, before the member's licence may be reinstated:

(a)  obtain counselling or treatment;

(b)  complete a specified course of studies;

(c)  obtain supervised clinical experience.  

Order for costs

50(2)     The investigation committee may direct the member to pay all or part of the costs incurred by the college in monitoring compliance with a direction given under subsection (1) and to pay all or part of the costs of the investigation up to the time that the licence is surrendered.

Conditions on reinstatement

50(3)     A voluntary surrender remains in effect until the investigation committee is satisfied that the conduct or complaint that was the subject of the investigation has been resolved, at which time the investigation committee may impose conditions on the member's entitlement to engage in the practice of medicine, including conditions that the member do one or more of the following:

(a) limit his or her practice;

(b) practise under supervision;

(c) not engage in sole practice;

(d) permit periodic inspections of his or her practice;

(e) permit periodic audits of records;  

(f) report to the investigation committee or the registrar on specific matters;

(g) comply with  any other conditions that it considers appropriate in the circumstances;

and may order the member to pay all or any part of the costs incurred by the college in monitoring compliance with those conditions.

APPEAL BY COMPLAINANT

Appeal by complainant

51(1)     When the investigation committee makes a decision under clause 47(1)(b), (d), (e) or (f), the complainant may appeal the decision to the executive committee.

Form of appeal

51(2)      An appeal shall be made in writing to the registrar, giving reasons for the appeal, and shall be mailed within 30 days after the date the complainant is notified of the investigation committee's decision under subsection 47(2).

Power on appeal

51(3)      On an appeal, the executive committee shall do one or more of the following:

(a) make any decision that in its opinion ought to have been made by the investigation committee;

(b) quash, vary or confirm the decision of the investigation committee;

(c) refer the matter back to the investigation committee for further consideration in accordance with any direction that the executive committee may make.

Notification of decision

51(4)      The executive committee shall notify the investigated member and the complainant in writing of the committee's decision and the reasons for its decision.

Hearing not required

51(5)      The executive committee is not required to hold a hearing or to afford to any person an opportunity to appear or to make oral submissions before making a decision under this section, but the committee shall give the complainant an opportunity to make a written submission.

SUSPENSION OF LICENCE PENDING DECISION

Suspension pending decision

51.1(1)   Notwithstanding anything in this Act, the chair of the investigation committee may, when there is a question of serious risk to the public, direct the registrar to suspend, or to impose conditions of practice on, the licence of a member pending completion of an investigation by the investigation committee or completion of an inquiry before the inquiry committee.

Notice of suspension or conditions

51.1(2)   On receiving a direction under subsection (1), the registrar shall serve a notice of the suspension or the conditions of practice on the member.

Service of notice

51.1(3)   A notice under this section may be served personally or may be sent by registered mail to the member's address contained in the records of the college, and a notice sent by registered mail is deemed to be served five days after the day it was sent.

Proof of service

51.1(4)   Proof of service of a notice under this section may be by affidavit or statutory declaration.

Appeal of suspension or conditions

51.2(1)   A member whose licence is suspended or has conditions of practice placed on it under subsection 51.1(1) may, by notice in writing to the registrar, appeal the suspension or imposition of conditions to the executive committee.

Hearing by executive committee

51.2(2)   The executive committee shall hold a hearing within 14 days after receiving a notice of appeal from the registrar.

Right to appear and be represented

51.2(3)   The college and the member may appear and be represented by counsel at a hearing before the executive committee, and the executive committee may have counsel to assist it.

Powers on appeal

51.2(4)   On an appeal under this section, the executive committee shall decide whether the suspension or conditions of practice are to be quashed, varied or confirmed and may make an order as to any costs that may arise from its decision.

Application for stay

51.2(5)   The member may, by filing an application with the court and serving a copy on the registrar, apply for an order of the court staying a decision of the executive committee to confirm the suspension of the member's licence or the imposition of conditions of practice under subsection (4).

MISCELLANEOUS

Referral to inquiry committee

51.3      Notwithstanding any other action it may have taken, with the exception of a censure, the investigation committee may at any time refer conduct or a complaint that was the subject of an investigation to the inquiry committee for a hearing.

Disclosure of information to authorities

51.4      Notwithstanding any other provision of this Act, the investigation committee may disclose to a law enforcement authority any information respecting possible criminal activity on the part of a member that is obtained during an investigation into that member's conduct.

PART X

INQUIRY COMMITTEE

APPOINTMENT

Inquiry committee

52(1)     The council shall appoint an inquiry committee consisting of

(a) a councillor who is to be the chair; and

(b) other members of the college and public representatives appointed from time to time.

Public representatives

52(2)     At least 1/3 of the persons appointed to the inquiry committee must be public representatives.

Selection of panel

53(1)     On referral of a matter to the inquiry committee, the chair shall select a panel from among the members of the inquiry committee to hold a hearing.

Composition

53(2)     A panel shall be composed of at least three members, at least one of whom must be a public representative.

Exclusion from panel

53(3)     No person shall be selected for a panel who has taken part in the review or investigation of what is to be the subject-matter of the panel's hearing.

Effect of member being unable to continue

53(4)     If a hearing has begun and a member of the panel is unable to continue as a member, the panel may complete the hearing if at least three members remain.

HEARING

Hearing

54(1)     When a panel is selected, it shall hold a hearing.

When hearing date must be set

54(2)     Unless the member whose conduct is the subject of the hearing consents in writing to a later date, a date for the hearing must be set within 60 days after the date the matter is referred to the inquiry committee, but the hearing itself need not commence within that time.

Notice of hearing

54(3)     At least 21 days before the date of the hearing, the registrar shall serve on the member and the complainant a notice of hearing stating the date, time and place at which the panel will hold a hearing and identifying in general terms the complaint or matter about which the hearing will be held.

Service of notice of hearing

54(4)     A notice served under this section may be served personally or may be sent by registered mail

(a) to the member at the member's address appearing in the records of the college; and

(b) to the complainant at any address provided to the college;

and a notice sent by registered mail shall be deemed to be served five days after the day it is sent.

Proof of service

54(5)     Proof of the service of a notice under this section may be by affidavit or statutory declaration.

Public notice of hearing

55        The registrar may issue a public notice of the hearing in a manner that the registrar considers appropriate, but the notice must not include the name of the member whose conduct is the subject of the hearing.

Hearings open to public

56(1)     Except as otherwise provided in this section, a hearing of a panel shall be open to the public, but there shall be no reporting in the media of anything that would identify the member whose conduct is the subject of the hearing, including the member's name, the business name of the member's practice or partnership, or the location of practice, unless and until the panel makes a finding under section 59.5.

Request for a private hearing

56(2)     The member or the college may request that the hearing or any part of it be held in private.

When private hearing may be held

56(3)     When a request is made under subsection (2), the panel may make an order excluding the public from the hearing or any part of it or directing that the member, the complainant, or any witness be identified only by initials, if the panel is satisfied that

(a) matters involving public security may be disclosed;

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

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

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

Reasons for excluding the public to be available

56(4)     The panel shall ensure that any order it makes under subsection (3) and its reasons are available to the public in writing.

Right to appear and be represented

57(1)     The college and the member whose conduct is the subject of the hearing may appear and be represented by counsel at the hearing before the panel, and the panel may have counsel to assist it.

Recording of evidence

57(2)     The oral evidence given at the hearing of a panel shall be recorded.

Adjournments

57(3)     The chair of a panel may adjourn a hearing from time to time.

Member may examine documentary evidence

58(1)     Before the day of the hearing, the member whose conduct is the subject of the hearing must be given an opportunity to examine any written or documentary evidence that will be produced and any report the contents of which will be given in evidence at the hearing.

Member to provide documentary evidence

58(2)     If the member intends to rely on any written or documentary evidence or any report at the hearing, he or she shall provide a copy of that evidence or report to the college before the day of the hearing.

Evidence of expert without report

58(3)     If either the member or the college intends to call an expert as a witness at the hearing and there is no report from the expert, a summary of the expert's intended evidence, including his or her findings, opinions and conclusions, must be provided to the other party before the day of the hearing.

Failure to provide summary

58(4)     If the summary is not provided in accordance with subsection (3), the expert may testify at the hearing only with the leave of the panel.

Evidence of other matters

59        A panel may receive evidence and hear any other matter concerning the professional conduct or the skill in practice of the member that arises in the course of proceedings, but in that event the panel shall declare its intention to hear evidence on that other matter and it shall permit the member sufficient opportunity to prepare a response.

Oral and affidavit evidence

59.1(1)   Evidence may be given at a hearing of a panel either orally or by affidavit or both, but a member's licence or registration cannot be suspended or cancelled on affidavit evidence alone.

Oral evidence

59.1(2)   The oral evidence of witnesses at a hearing shall be taken on oath or affirmation, and there shall be a full right to cross-examine witnesses and call evidence in defence and reply.

Power to administer oaths

59.1(3)   An oath required to be administered under subsection (2) may be administered by any member of the panel holding the hearing.

Witnesses

59.2(1)   Any person, other than the member whose conduct is the subject of the hearing, who in the opinion of the panel has knowledge of the complaint or matter being heard is a compellable witness in any proceeding before the panel.

Notice to attend and produce records

59.2(2)   The attendance of witnesses before a panel and the production of records 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 records, if any, that the witness is required to produce.

Registrar to provide notices

59.2(3)   On the request of the member or the member's counsel or agent, the registrar shall provide any notices that the member requires for the attendance of witnesses or the production of records.

Method of service

59.2(4)   A notice served on a witness must be served personally.

Proof of service

59.2(5)   Proof of service of a notice under this section may be made by affidavit or statutory declaration.

Witness fees

59.2(6)   A witness who has been served with a notice to attend or a notice for production or records under this section is entitled to be paid the same fees in the same manner as are payable to a witness in an action in the court.

Failure to attend or give evidence

59.2(7)   Proceedings for civil contempt of court may be brought against a witness

(a) who fails to attend before a panel in compliance with a notice to attend;

(b) who fails to produce any records in compliance with a notice to produce them;  or

(c) who refuses to be sworn or to affirm or who refuses to answer any question he or she is directed to answer by a panel.

Proof of conviction

59.3      For the purpose of proceedings under this Act, a certified copy under the seal of the court, or signed by the convicting judge or a clerk of The Provincial Court, of the conviction of a person for any crime or offence under the Criminal Code (Canada) or under any Act or regulation is conclusive evidence that the person has committed the crime or offence stated, unless it is shown that the conviction has been quashed or set aside.

Hearing in absence of member

59.4      If the member whose conduct is the subject of a hearing does not attend, the panel may, on proof of service of the notice in accordance with section 54, proceed with the hearing in the absence of the member and may, without further notice to the member, take any action that it is authorized to take under this Act as if the member were in attendance.

DECISION OF PANEL

Findings of panel

59.5      If, at the conclusion of a hearing, the panel finds that the member

(a) is guilty of professional misconduct;

(b) has contravened this Act or the by-laws or the code of ethics of the college;

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

(d) has displayed a lack of knowledge of or lack of skill or judgment in the practice of medicine;

(e)  has demonstrated an incapacity or unfitness to practise medicine;

(f)  is found to be suffering from an ailment that might, if the member continues to practise, constitute a danger to the public;

it shall deal with the member in accordance with this Act.

Orders of panel

59.6(1)   If the panel makes any of the findings described in section 59.5, it may make one or more of the following orders:

(a) reprimand the member;

(b) suspend the member's licence for a period of time that the panel determines appropriate;

(c) suspend the member's licence until he or she has completed a specified course of studies or obtained supervised clinical experience, or both, to the satisfaction of any person or committee that the panel may determine;

(d) suspend the member's licence until the member has obtained treatment or counselling and has demonstrated that any disability, addiction or problem can be or has been overcome to the satisfaction of any person or committee that the panel may determine;

(e) impose conditions on the member's entitlement to practice medicine, including conditions that the member

(i) limit his or her practice,

(ii) practise under supervision,

(iii) not engage in sole practice,

(iv) permit  periodic inspections of his or her practice,

(v) permit periodic audit of records,

(vi) report to the investigation committee, the registrar or the executive committee on a specific matter,

(vii) complete a particular course of studies or obtain supervised clinical experience, or both, to the satisfaction of any person or committee that the panel may determine,

(viii) obtain treatment for a disability or addiction or undertake counselling until such time as the person can demonstrate that a disability, addiction or problem can be or has been overcome to the satisfaction of any person or committee that the panel may determine;

(f) direct the member to waive money owed, or refund money paid, to him or her that, in the opinion of the panel, was unjustified for any reason;  or

(g) cancel one or both of the member's registration and licence.

Costs when conditions imposed

59.6(2)   If the panel imposes conditions on a member's entitlement to practice medicine under clause (1)(e), it may also order the member to pay all or any part of the costs incurred by the college in monitoring compliance with those conditions.

Suspension or cancellation of registration or licence

59.6(3)   If the registration or licence of a member is suspended or cancelled by an order under subsection (1), the member shall not practise medicine during the period of the suspension or cancellation.

Panel may consider censure

59.6(4)   To assist a panel in determining an appropriate order, the panel may be advised of any censure or order previously given to the member and the circumstances under which it was given.

Costs and fines

59.7(1)   A panel may, in addition to or instead of dealing with the conduct of the member in accordance with section 59.6, order that the member pay to the college

(a) all or part of the costs of the investigation and hearing;

(b) a fine not exceeding $10,000.; or

(c) both the costs under clause (a) and a fine under clause (b);

within the time set by the order.

Nature of costs

59.7(2)   The costs referred to in subsection (1) may include, but are not limited to,

(a) all disbursements incurred by the college, including

(i) fees and expenses for experts, investigators and auditors whose reports or attendances were reasonably necessary for the investigation or hearing,

(ii) travel costs and reasonable expenses of any witnesses required to appear at the hearing,

(iii) fees for retaining a reporter and preparing transcripts of proceedings,

(iv) costs of service of documents, long distance telephone and facsimile charges, courier delivery charges and similar miscellaneous expenses;

(b) payments made to members of the panel or the investigation committee; and

(c) costs  incurred by the college in providing counsel for the college and the panel, whether or not counsel is employed by the college.

Failure to pay costs and fines by time ordered

59.7(3)   If the member is ordered to pay a fine or costs or both under subsection (1) and fails to pay within the time ordered, the registrar may immediately suspend the member's licence until the fine or costs are paid.

Filing of order to pay costs

59.7(4)   The college may file an order under subsection (1) in the court, and on the order being filed it may be enforced in the same manner as a judgment of the court.

Written decision and order

59.8(1)   Following completion of a hearing, the panel shall

(a) make a written decision on the matter that includes the reasons for its decision; and

(b) make any order under section 59.6 or 59.7 in writing.

Decision forwarded to registrar

59.8(2)   The panel shall forward to the registrar

(a) the decision and any order;  and

(b)  any record of the proceedings and all exhibits and documents.

Service of decision and order

59.8(3)   On receiving the decision and order, the registrar shall serve a copy on the member and on the complainant.

Method of service

59.8(4)   A copy of the decision and any order served under this section may be served personally or may be sent by registered mail

(a) to the member at the member's address contained in the records of the college;  and

(b) to the complainant at any address provided to the college;

and a decision and order sent by registered mail shall be deemed to be served five days after the day it is sent.

Proof of service

59.8(5)   Proof of service of the decision and order may be by affidavit or statutory declaration.

Publication of decision

59.9      Notwithstanding that any proceeding or part of a proceeding before a panel may have been held in private, the college may, after the decision and any order has been served on the member, publish the circumstances relevant to the findings and any order of the panel.  If the panel makes an order against the member under section 59.6 or 59.7, the college may also publish the member's name.

APPEAL TO COURT OF APPEAL

Appeal to Court of Appeal

59.10(1)  A member in respect of whom a finding or order is made by a panel under section 59.5, 59.6 or 59.7 may appeal the finding or order to The Court of Appeal.

Commencement of appeal

59.10(2)  An appeal shall be commenced

(a) by filing a notice of appeal;  and

(b) by serving a copy of the notice of appeal on the college;

within 30 days after the date on which the decision and any order of the panel is served on the member.

Appeal on record

59.10(3)  An appeal shall be founded on the record of the hearing before the panel and any exhibits.

Powers of Court on appeal

59.11     The Court of Appeal on hearing the appeal may

(a) make any finding or order that in its opinion ought to have been made;

(b) quash, vary or confirm the decision of the panel or any part of it;  or

(c) refer the matter back to the panel for further consideration in accordance with any direction of the Court.

Stay pending appeal

59.12     The decision and any order of an inquiry panel remains in effect pending an appeal unless the Court, on application, stays the decision and any order pending the appeal.

REINSTATEMENT

Reinstatement

59.13     The executive committee may, on application by a person whose registration or licence has been cancelled, direct the registrar to reinstate the person's name in the register, subject to any conditions that the executive committee may prescribe, and may order the person to pay any costs arising from the imposition of such conditions.

16        Subsection 65(1) is amended

(a) by adding "under Part II" at the end of clause (a);

(b) by repealing clauses (b), (c) and (d);

(c) by adding "under Part II" at the end of clause (e); and

(d) by repealing clause (g) and substituting the following:

(g) the cancellation of a member's registration under Part II;

Transitional

17(1)     A matter that was referred to the inquiry committee before the coming into force of this Act shall be concluded under the existing Act as though this Act had not come into force.

17(2)     A matter that was not referred to the inquiry committee before the coming into force of this Act shall be dealt with under this Act.

17(3)     The by-laws of the college in force on the coming into force of this Act continue in force until amended, repealed or replaced under this Act.

Coming into force

18        This Act comes into force 30 days after the day it receives royal assent.