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C.C.S.M. c. M90 The Medical Act
Enacted by Proclamation status (for any provisions coming into force by proclamation)

RSM 1987, c. M90

• whole Act

– in force: 1 Feb 1988 (Man. Gaz.: 6 Feb 1988)

Amended by
SM 1987-88, c. 66, s. 17.1
(RSM 1987 Supp., c. 31, s. 14)
SM 1989-90, c. 90, s. 26
SM 1996, c. 3
SM 1997, c. 9, s. 64

• in force: 12 Jun 2000 (Man. Gaz.: 24 Jun 2000)

SM 1997, c. 52, s. 12
SM 1998, c. 22
SM 1999, c. 26, s. 17
SM 1999, c. 39
(am. by SM 2000, c. 35, s. 15)

• in force: 1 Jan 2000 (Man. Gaz.: 1 Jan 2000)

SM 2000, c. 26, s. 61
SM 2000, c. 35, s. 14
SM 2001, c. 36, s. 66
SM 2001, c. 43, s. 18
SM 2002, c. 24, s. 40
SM 2002, c. 34
SM 2005, c. 39, Part 5
SM 2005, c. 45
SM 2007, c. 24
SM 2008, c. 42, s. 64
SM 2009, c. 11

• in force: 15 Aug 2009 (Man. Gaz.: 29 Aug 2009)

To be repealed by
SM 2009, c. 15, s. 261

– not yet proclaimed

 

C.C.S.M. c. M90

The Medical Act

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

PART I

INTERPRETATION

Definitions

1           In this Act,

"approved", in relation to any hospital, means approved for the time being by the council; (« approuvé »)

"associate member" means an individual who is registered on the educational register, clinical assistant register or physician assistant register; (« membre associé »)

"college" means The College of Physicians and Surgeons of Manitoba; (« Collège »)

"council" means the council of the college; (« conseil »)

"councillor" means a person serving on the council; (« conseiller »)

"court" means the Court of Queen's Bench for Manitoba; (« tribunal »)

"external regulatory body" means a body with statutory authority to license or regulate physicians in a jurisdiction other than Manitoba; (« organisme de réglementation externe »)

"faculty" means the Faculty of Medicine of the University of Manitoba; (« faculté »)

"licence" means a certificate issued by the registrar under section 14 or 22 indicating that the person named in the certificate is authorized to practise medicine in the province for the period specified in the certificate; (« licence »)

"licence fee" means the fee prescribed by council for the issuance of a licence; (« droit de licence »)

"licensed" means holding a licence that has not expired, is not currently suspended and has not been surrendered or cancelled;(« autorisé »)

"medical corporation" means a corporation that holds a valid licence issued under section 22; (« cabinet de médecins » ou « cabinet de médecins à responsabilité limitée »)

"member" means an individual who is registered on the Manitoba Medical Register, and for the purposes of Parts VII to XI, includes an associate member; (« membre »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of health matters; (« ministre »)

"practice of medicine" means, subject to section 2, the carrying on for hire, gain, or hope of gain or reward, either directly or indirectly, of the healing art or any of its branches; (« exercice de la médecine »)

"province" means the Province of Manitoba; (« province »)

"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 »)

"registered" means registered under this Act; (« inscrit »)

"registrar" means the individual appointed as registrar under section 34, and includes an individual appointed as deputy registrar or assistant registrar under that section; (« registraire »)

"registration" means registration under this Act; (« inscription »)

"university" means The University of Manitoba. (« université »)

S.M. 1996, c. 3, s. 2; S.M. 1999, c. 39, s. 2; S.M. 2007, c. 24, s. 2; S.M. 2009, c. 11, s. 2.

Persons deemed practising medicine

2(1)        Without restricting the generality of the definition of practice of medicine, a person shall be deemed to be practising medicine within the meaning of this Act who

(a) by advertisement, sign, or statement of any kind, written or oral, alleges or implies or states that he is, or holds himself out as being, qualified, able, or willing, to diagnose, prescribe for, prevent, or treat, any human disease, ailment, deformity, defect, or injury, or to perform any operation or surgery to remedy any human disease, ailment, deformity, defect, or injury, or to examine or advise upon the physical or mental condition of any person; or

(b) diagnoses, or offers to diagnose, or attempts by any means whatsoever to diagnose, any human disease, ailment, deformity, defect, or injury, or who examines or advises upon, or offers to examine or advise upon, the physical or mental condition of any person; or

(c) prescribes or administers any drugs, serum, medicine, or any substance or remedy, whether for the cure, treatment, or prevention, of any human disease, ailment, deformity, defect, or injury; or

(d) prescribes or administers any treatment, or performs any operation or manipulation, or applies any apparatus or appliance, for the cure, treatment, or prevention, of any human disease, ailment, deformity, defect, or injury, or acts as a midwife; or

(e) repealed, S.M. 1999, c. 39, s. 3.

Exceptions

2(2)        The definition of practice of medicine does not include or apply to the practice of dentistry or pharmacy, or to the vendors of dental or surgical instruments, apparatus, or appliances, or

(a) to a podiatrist acting within the scope of The Podiatrists Act;

(b) to a chiropractor acting within the scope of The Chiropractic Act;

(b.1) to a midwife acting within the scope of The Midwifery Act;

(c) to a naturopath acting within the scope of The Naturopathic Act;

(d) to a nurse acting within the scope of The Registered Nurses Act, The Registered Psychiatric Nurses Act or The Licensed Practical Nurses Act;

(e) to an optician acting within the scope of The Opticians Act;

(f) to an optometrist acting within the scope of The Optometry Act;

(g) to a physiotherapist acting within the scope of The Physiotherapists Act;

(h) to a person registered under The Psychologists Registration Act acting within the scope of that Act.

S.M. 1997, c. 9, s. 64; S.M. 1999, c. 26, s. 17; S.M. 1999, c. 39, s. 3l; S.M. 2001, c. 36, s. 66.

Right to give medical aid in time of need

3           The provisions of this Act do not prevent

(a) any person from giving necessary medical or surgical aid in case of urgent need if that aid is given without hire, gain, or hope of reward; or

(b) the domestic administration of family remedies.

Religious practitioners

4           Nothing in this Act applies to, or affects, those who practise the religious tenets of their church without professing a knowledge of medicine or surgery.

Unauthorized practice

5(1)        No person other than a licensed member or associate member or a medical corporation shall practise medicine in the province, and such a person shall not practise medicine in the province except as permitted by this Act and the person's licence.

Medical officer of public service

5(2)        No person other than a licensed member shall act as a medical officer to any branch of the public service of the province, or in any hospital or other institution in the province.

S.M. 1999, c. 39, s. 4.

PART II

REGISTERS

Registrar to maintain registers

6(1)        The registrar shall maintain the following registers:

(a) the Manitoba Medical Register, on which shall be registered the names and qualifications of the individuals registered under section 9;

(b) the educational register, on which shall be registered the names of the individuals registered under subsection 11(1);

(b.1) the clinical assistant register, on which shall be registered the names of the individuals registered under subsection 11(2);

(b.2) the physician assistant register, on which shall be registered the names of the individuals registered under subsection 11(2.1);

(c) the specialist register, on which shall be registered the names of members registered under section 12 and the areas of medical practice in which they are recognized by the college as specialists; and

(d) the medical corporations register, on which shall be registered the names of corporations that have been licensed to practise medicine.

Information in registers

6(2)        Each register shall include

(a) the business address of the registered person;

(b) any practice restrictions or other conditions imposed on licences or certificates of registration;

(c) a notation of every suspension, surrender or cancellation of registration or of a licence;

(d) in the case of the Manitoba Medical Register, the educational register, the clinical assistant register or the physician assistant register, the result of every disciplinary proceeding in which a panel has made a finding under section 59.5; and

(e) any other information that the regulations require to be kept in the register.

Incorrect entries

6(3)        An entry in a register proved to the satisfaction of the council to have been incorrectly or erroneously made may be amended or deleted from the register by written order of the council or of the executive committee of the council.

S.M. 1996, c. 3, s. 3; S.M. 1999, c. 39, s. 4; S.M. 2009, c. 11, s. 3.

Inspection of register

7           Each register shall be open and may be inspected by any person at any time during reasonable business hours.

S.M. 1999, c. 39, s. 4.

Certificate of registrar as evidence

8           A certificate signed by the registrar under the seal of the college certifying that anything is or is not recorded in a register is admissible in evidence as prima facie proof of the matter certified without proof of the signature or appointment of the registrar or of the seal of the college.

S.M. 1999, c. 39, s. 4.

PART III

REGISTRATION AND LICENSING OF MEMBERS AND ASSOCIATE MEMBERS

REGISTRATION

Eligibility for registration as member

9(1)        Every individual who possesses one or more of the qualifications, and has completed a postgraduate clinical training program, prescribed by regulation is entitled, upon payment of the prescribed fee and providing evidence satisfactory to the registrar of his or her qualifications, to be registered on the Manitoba Medical Register and have particulars of his or her qualifications entered on the register.

Additional qualifications

9(2)        Every individual who, after registration on the Manitoba Medical Register, obtains a further degree or qualification approved by the council is entitled, with the approval of the council and upon payment of the prescribed fee and providing evidence satisfactory to the registrar of the further degree or qualification, to have particulars of the further degree or qualification entered in the register in addition to or substitution for the particulars of any degree or qualification previously registered.

S.M. 1999, c. 39, s. 4.

Membership

10(1)       Every individual who is duly registered in the Manitoba Medical Register and whose registration has not been cancelled or surrendered is a member of the college.

Honorary membership

10(2)       The college may, in accordance with its by-laws, confer an honorary membership in the college upon any person, but an honorary membership does not entitle the person to practise medicine.

S.M. 1999, c. 39, s. 4.

Educational register

11(1)       Every individual who is engaged in a pre-registration training program approved by the council and

(a) is certified by the faculty as a medical student qualified to act as an undergraduate clinical student;

(b) is a graduate of a recognized medical school and has passed the screening process approved by the council; or

(c) is certified by the faculty as a physician assistant student qualified to act as an undergraduate clinical student;

is entitled, upon paying the prescribed fee and providing evidence satisfactory to the registrar of his or her eligibility for registration, to be registered in the educational register.

Clinical assistant register

11(2)       Every individual who

(a) repealed, S.M. 2009, c. 11, s. 4;

(b) has satisfactorily completed an assessment, under an assessment process approved by the council, of his or her experience and competence;

and meets any other requirements set out in the regulations is entitled, upon payment of the prescribed fee and providing evidence satisfactory to the registrar of his or her eligibility for registration, to be registered in the clinical assistant register.

Physician assistant register

11(2.1)     Every individual who is a graduate of a physician assistant program approved by the council and meets any other requirements set out in the regulations is entitled, upon payment of the prescribed fee and providing evidence satisfactory to the registrar of his or her eligibility for registration, to be registered on the physician assistant register.

Associate membership

11(3)       Every individual who is registered in the educational register, the clinical assistant register or the physician assistant register and whose registration has not been cancelled or surrendered is an associate member of the college.

S.M. 1999, c. 39, s. 4; S.M. 2009, c. 11, s. 4.

Eligibility for registration as specialist

12(1)       A member in good standing who is a certified specialist of The Royal College of Physicians and Surgeons of Canada is entitled, upon application, payment of the prescribed fee and provision of evidence satisfactory to the registrar of his or her qualifications, to be registered as a specialist in the specialist register.

Specialist registration by order of council

12(2)       In special circumstances, the council maydirect the registrar to register as a specialist in the specialist register a member who has applied and paid the prescribed fee but is not a certified specialist referred to in subsection (1).

Holding out as specialist prohibited

12(3)       No member shall hold himself or herself out to be a specialist otherwise than as registered on the specialist register.

S.M. 1996, c. 3, s. 4; S.M. 1999, c. 39, s. 4.

Refusal to register

13(1)       If the registrar is not satisfied by proper evidence that an applicant is eligible for registration on the Manitoba Medical Register, the educational register, the clinical assistant register, the physician assistant register or the specialist register or, that an applicant who claims to possess a degree or qualification, does in fact possess it, the registrar

(a) shall refuse to register the applicant or to enter the degree or qualification on the register; and

(b) shall notify the applicant in writing of the decision to refuse the registration of the applicant or the degree or qualification, and of the reasons for the decision.

Appeal to council

13(2)       A person who is refused registration under subsection (1) may appeal the registrar's decision to the council, which may confirm or vary the decision of the registrar.

Notice

13(3)       An appeal under subsection (2) is to be made by filing with the council, within 30 days after the person receives notice of the registrar's decision under subsection (1), a written notice of appeal setting out the facts and the reasons for the appeal.

Refusal of registration because of conviction

13(4)       An individual who has been convicted of an offence that is relevant to his or her suitability to practise medicine may be refused registration.

Cancellation because of conviction

13(5)       The council may cancel the licence and registration of a member or associate member who has been convicted of an offence that is relevant to his or her suitability to practise, but it must first notify the member or associate member that it intends to do so and give him or her an opportunity to make representations.

S.M. 1999, c. 39, s. 4; S.M. 2009, c. 11, s. 5.

Registration if emergency

13.1(1)     Despite anything in this Act or the regulations, the council may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise medicine in another jurisdiction in Canada or the United States to practise medicine in the province during an emergency if the minister gives the council written notice that

(a) a public health emergency exists in all or part of the province; and

(b) after consulting with public health officials and any other persons that the minister considers advisable, he or she has determined that the services of a physician from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

13.1(2)     The council may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Licence

13.1(3)     If necessary to carry out the intent of this section, the council may direct the registrar to issue a licence to a person allowed to practise under subsection (1), on such terms and conditions as the council may determine.

S.M. 2005, c. 39, s. 18.

LICENSING

Licence fee

14(1)       A member or associate member who wishes to practise medicine in the province shall pay to the college the licence fee prescribed by the council for the category of licence applicable to that member or associate member.

Issuance of licence

14(2)       On paying the licence fee and complying with any other requirements prescribed by regulation or by-law, the registrar shall issue a licence to the member or associate member in a form approved by the by-laws.

Renewal of licence

14(3)       A licensed member or associate member is entitled, upon applying to the registrar, paying the licence fee and complying with any other requirements prescribed by by-law or regulation, to a renewal of his or her licence.

Conditions on licence

14(3.1)     A licence issued under subsection (2) or renewed under subsection (3) may be made subject to any conditions the council considers appropriate.

Late application for renewal

14(4)       Where a member or associate member applies for a renewal of his or her licence after its expiry date, the registrar may, with the approval of the council, issue a renewal of the licence subject to any terms, conditions and penalties the council considers appropriate.

Effective date of renewal

14(5)       Where a member or associate member fails to obtain a renewal of his or her licence before its expiry date but obtains a renewal of it within 30 days after that date, or within such additional time as the council may allow, the renewal of the licence is deemed for all purposes to have been issued and effective as of that expiry date.

S.M. 1996, c. 3, s. 5; S.M. 1999, c. 39, s. 4; S.M. 2007, c. 24, s. 3.

Reduction or waiver of fee or penalty

15(1)       The council may reduce or waive any fee, or penalty for non-payment of a fee, payable by any member or associate member, and may declare a member or associate member whose fee or penalty has been reduced or waived to be entitled to some or all the rights and privileges to which he or she would have been entitled had it been paid in full.

Limitation on practice

15(2)       The council may limit the area or areas of practice of a member while the member is engaged in a postgraduate study or training program and the licence fee ordinarily payable by the member has been reduced or waived, at the member's request, for the period of the engagement.

S.M. 1999, c. 39, s. 4.

GENERAL

Cancellation of registration

16(1)       The registrar shall cancel the registration of a member or associate member who, for a period of two years without the approval of the council,

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

(b) has not practised medicine.

Application for re-registration

16(2)       An individual whose registration has been cancelled under subsection (1) and who wishes to resume the practise of medicine in the province may reapply for registration in accordance with this Act.

S.M. 1999, c. 39, s. 4.

Registration or licence based on misrepresentation

17          Where a person has obtained a licence or registration under this Act by oral or written misrepresentation, the registrar, upon receipt of sufficient evidence of the misrepresentation, shall refer the matter to the council and, if so directed by the council, shall cancel the licence or registration and notify the person in writing of the cancellation.

S.M. 1999, c. 39, s. 4.

Appeal to court

18(1)       A person who is aggrieved by a decision of the council under this Part to

(a) refuse registration;

(b) alter or refuse to alter a registration;

(c) refuse to issue or renew a licence;

(c.1) issue or renew a licence on conditions; or

(d) cancel a registration;

may appeal the decision to the court by filing a notice of appeal within 30 days after the day on which the person is notified of the decision.

Powers of court on appeal

18(2)       On hearing an appeal, the court may

(a) make any decision that in its opinion should have been made; or

(b) refer the matter back to the council for further consideration in accordance with any direction of the court.

S.M. 1996, c. 3, s. 6; S.M. 1998, c. 22, s. 2; S.M. 1999, c. 39, s. 4; S.M. 2007, c. 24, s. 4.

Regulations by council

19          The council may, with the approval of the Lieutenant Governor in Council, make regulations

(a) respecting professional qualifications and other criteria for registration, and the proof that may be required as to the professional conduct and general fitness of an applicant to practise medicine;

(b) respecting the definition of general or specific areas of medical practice, for the purpose of establishing the eligibility for registration and amendment of registration of members and associate members;

(c) prescribing standards of continuing medical education to be met by members;

(d) exempting from the application of this Act persons or classes of persons performing specified medical services or treating specified ailments or injuries;

(e) prescribing conditions or circumstances under which registration or a licence under this Act is not required;

(f) respecting standards of advertising to be observed by any member, associate member, or medical corporation or by any facility in which a member or associate member is practising medicine;

(g) respecting professional liability coverage, or other liability protection, for members, associate members and medical corporations;

(h) respecting medical responsibilities and duties of associate members that are not inconsistent with any Act that defines the privileges or responsibilities of licensed members.

R.S.M. 1987 Supp., c. 31, s. 14; S.M. 1998, c. 22, s. 3; S.M. 1999, c. 39, s. 4; S.M. 2007, c. 24, s. 5.

Physician profiles

19.1(1)     The council may collect information in order to create individual physician profiles of members that are available to the public.

Definition

19.1(1.1)   In this section, "member" means

(a) a licensed member who is practising in Manitoba; and

(b) a person whose licence is suspended.

Regulations

19.1(2)     The council may, with the approval of the Lieutenant Governor in Council, make regulations respecting physician profiles including, but not limited to, regulations

(a) requiring members to provide the registrar with any or all of the following information:

(i) the name of the medical school from which the member graduated and the date of graduation,

(ii) the address at which the member primarily conducts his or her practice,

(iii) any post-graduate medical education,

(iv) any certification by the College of Family Physicians of Canada, the Royal College of Physicians and Surgeons of Canada or American board certification,

(v) a description of any offence — that is reasonably related to the member's competence or to the safe practice of medicine — of which the member has been found guilty, within the time period specified in the regulations, under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada),

(vi) a description of any final disciplinary action taken against the member by the body regulating the profession that the member is or has been licensed to practice, whether in Manitoba or elsewhere, within the time period specified in the regulations,

(vii) a description of any medical malpractice court judgments, and any other medical malpractice claims, as specified in the regulations,

(viii) any other information the regulations may specify;

(b) specifying the time and manner in which the information must be provided;

(c) respecting how physician profiles are to be made available to the public;

(d) specifying any matter authorized to be dealt with by regulation and defining any word or expression used in this section;

(e) respecting any other matter the council considers necessary or advisable about physician profiles.

Verification of information

19.1(3)     The council may take any steps it considers necessary to verify the accuracy of information that a member provides in accordance with regulations made under subsection (2), including collecting information from other persons.

Prior review by medical practitioner

19.1(4)     At the request of a member, before a physician profile is made publicly available, the council shall give the member an opportunity to review the profile and correct any factual inaccuracies.

S.M. 2002, c. 34, s. 2; S.M. 2005, c. 39, s. 19.

Regulation required by the minister

19.2(1)     The minister may require the council to make, amend or repeal a regulation about physician profiles under section 19.1.

L.G. in C. may make regulation

19.2(2)     If the council does not comply with a requirement under subsection (1) within 90 days, the Lieutenant Governor in Council may make, amend or repeal the regulation.

S.M. 2002, c. 34, s. 2.

PART IV

MEDICAL CORPORATIONS

Definitions

20          In this Part,

"voting share", in relation to a corporation, means a share of its capital stock that entitles the holder to vote in any election of directors of the corporation; (« action avec droit de vote »)

"voting shareholder", in relation to a corporation, means a person who owns a voting share of the corporation or is a voting shareholder of another corporation that owns a voting share of the corporation. (« actionnaire avec droit de vote »)

S.M. 1999, c. 39, s. 4.

Medical corporation may practise

21          A medical corporation may carry on the practice of medicine through one or more licensed members

(a) under its own name; or

(b) as a member of a general partnership of medical corporations or of medical corporations and licensed members, under a name approved by the registrar in accordance with the by-laws of the college.

S.M. 1999, c. 39, s. 4.

Corporate licence

22(1)       Subject to subsection (4), the registrar shall issue a licence or a renewal of a licence to a corporation if he or she is satisfied that

(a) the corporation is incorporated, formed by amalgamation or continued under The Corporations Act and is in good standing under that Act;

(b) the name of the corporation includes the words "medical corporation" and is approved by the registrar in accordance with the by-laws of the college;

(c) each voting share of the corporation is legally and beneficially owned by a licensed member or a medical corporation;

(d) each other share in the capital stock of the corporation is both legally and beneficially owned by a person who is

(i) a voting shareholder of the corporation,

(ii) a spouse, common-law partner or child, within the meaning of the Income Tax Act (Canada), of a voting shareholder of the corporation, or

(iii) a corporation each share of the capital stock of which is legally and beneficially owned by a person referred to in subclause (i) or (ii);

(e) each director of the corporation is a licensed member;

(f) the president of the corporation is a licensed member;

(g) each person through whom the corporation will be carrying on the practice of medicine is a licensed member;

(h) the corporation has filed an application, in the form prescribed by the council, and paid the fee prescribed by the council, for the licence or renewal of the licence; and

(i) all other requirements prescribed by the council for the issuance or renewal of the licence have been satisfied.

Late application for renewal of licence

22(2)       Subsections 14(4) and (5), apply with necessary modifications, to the renewal of a licence under subsection (1) after its expiry date.

Validity of licence

22(3)       Subject to subsection (2), unless it is cancelled, surrendered or under a suspension, a licence issued under subsection (1) is valid for the period specified in the licence.

Refusal to issue or renew licence

22(4)       The registrar

(a) shall refuse to issue a licence to, or to renew the licence of, a corporation if the registrar is not satisfied by proper evidence that the corporation meets the requirements of subsection (1); and

(b) may refuse to issue a licence to, or to renew the licence of, a corporation if

(i) a licence previously issued to the corporation has been cancelled or surrendered, or

(ii) a director, officer or shareholder of the corporation is or has been a director, officer or shareholder of a corporation whose licence has been cancelled or surrendered.

Notice of refusal

22(5)       If the registrar refuses to issue or renew a licence under subsection (4), the registrar shall notify the corporation in writing of his or her decision and the reasons for the decision.

Appeal to council

22(6)       A corporation that is refused a licence or renewal of a licence under subsection (4) may appeal the registrar's decision to the council, which may confirm or vary the decision of the registrar.

Notice

22(7)       An appeal under subsection (6) is to be made by filing with the council, within 30 days after the corporation receives notice of the registrar's decision under subsection (4), a written notice of appeal setting out the facts and the reasons for the appeal.

S.M. 1999, c. 39, s. 4; S.M. 2002, c. 24, s. 40.

Business without licence prohibited

23(1)       A corporation whose name includes the words "medical corporation" shall not carry on any business in the province unless it holds a valid licence.

Restriction on business of medical corporation

23(2)       A medical corporation shall not carry on any business or activity other than the practice of medicine and the provision of services directly associated with the practice of medicine carried on by it.

Interpretation of business restriction

23(3)       Subsections (1) and (2) shall not be construed so as to prohibit a medical corporation from investing its funds in real property, other than for development purposes, or in stocks, mutual funds, debt obligations, insurance, term deposits or similar investments.

Validity of corporate act

23(4)       No act of a corporation, including a transfer of property to or by the corporation, is invalid merely because it contravenes subsection (1) or (2).

S.M. 1996, c. 3, s. 7; S.M. 1999, c. 39, s. 4.

Voting agreements void

24(1)       An agreement or proxy that vests in a person who is not a licensed member the authority to exercise any voting right attached to a share of a medical corporation is void.

Unanimous shareholders' agreements void

24(2)       A unanimous shareholders' agreement within the meaning of subsection 140(2) of The Corporations Act in respect of a medical corporation is void unless each shareholder of the corporation is a licensed member or a medical corporation.

S.M. 1999, c. 39, s. 4.

Application of Act and rules

25(1)       This Act, the regulations and the by-laws of the council apply to a member despite any relationship he or she may have with a medical corporation.

Obligations to clients not diminished

25(2)       The fiduciary and ethical obligations of a member, and the obligations of a member respecting confidentiality, to a person receiving medical services

(a) are not diminished by the fact that the services are provided on behalf of a corporation; and

(b) apply equally to a corporation on whose behalf the services are provided and to its directors, officers and shareholders.

Liability of members

25(3)       The liability of a member to a person receiving medical services is not affected by the fact that the services are provided on behalf of a corporation.

Liability of voting shareholders

25(4)       A person is jointly and severally liable with a medical corporation, or a corporation acting in contravention of section 5, for all professional liability claims made against the corporation in respect of errors or omissions that were made or occurred while the person was a voting shareholder of the corporation.

Investigation of member practising through corporation

25(5)       If the conduct of a member through whom a medical corporation was practising medicine at the time the conduct occurred is the subject of a complaint, investigation or inquiry,

(a) any power of inspection, investigation or inquiry that may be exercised in respect of the member or the member's records may be exercised in respect of the corporation or its records; and

(b) the corporation is jointly and severally liable with the member for all fines and costs the member is ordered to pay.

Member's licence restrictions apply to corporation

25(6)       Any restriction imposed on the licence of a member through whom a medical corporation practises medicine applies to the licence of the corporation in relation to its practice of medicine through that member.

S.M. 1999, c. 39, s. 4.

Suspension or cancellation of licence

26(1)       Subject to subsections (2) and (3), a medical corporation's licence may be cancelled or suspended by the council if

(a) the corporation ceases to meet any of the requirements of eligibility for a licence set out or referred to in subsection 22(1);

(b) the corporation contravenes any provision of this Act, the regulations, the by-laws of the college or any restriction on the corporation's licence; or

(c) a member, in the course of providing medical services on behalf of the corporation, does or fails to do anything as a result of which the member's licence is cancelled, surrendered or suspended.

Limitation

26(2)       A medical corporation's licence shall not be cancelled or suspended by reason only of the fact that

(a) one or more shares of the corporation have vested in

(i) an executor or administrator of the estate of an individual as a consequence of the death of the individual, or

(ii) a trustee in bankruptcy on the bankruptcy of the owner of the shares,

unless the corporation is not practising through any other member or the shares continue to be vested in the executor, administrator or trustee for more than 180 days, or for any longer period allowed by the registrar;

(b) the former spouse or common-law partner of a voting shareholder continues to own a share of the corporation after the end of their marriage or common-law relationship;

(c) the fact that the licence of a member has been suspended, unless the member remains a director or officer of the corporation more than 14 days after the suspension; or

(d) the fact that the licence or registration of a member has been surrendered or cancelled, unless

(i) the member remains a director or officer of the corporation more than 14 days after the surrender or cancellation, or

(ii) the member remains a voting shareholder of the corporation for more than 90 days after the surrender or cancellation or for any longer period allowed by the council.

Alternatives to cancellation or suspension

26(3)       Instead of suspending or cancelling the licence of a medical corporation, the council may take any other action it considers appropriate, including one or more of the following:

(a) reprimanding the corporation or one or more directors or voting shareholders of the corporation;

(b) imposing restrictions on the licence;

(c) imposing a fine on the corporation, payable to the college, in an amount not exceeding $10,000.

S.M. 1999, c. 39, s. 4; S.M. 2002, c. 24, s. 40.

Appeal to court

26.1(1)     A corporation aggrieved by a decision of the council under this Part to

(a) refuse to issue or renew a licence;

(b) suspend or cancel a licence; or

(c) impose a fine on the corporation or restrictions on the corporation's licence;

may appeal the decision to the court by filing a notice of appeal within 30 days after the day on which the corporation is notified of the decision.

Powers of court on appeal

26.1(2)     On hearing an appeal, the court may

(a) make any decision that in its opinion should have been made; or

(b) refer the matter back to the council for further consideration in accordance with any direction of the court.

S.M. 1999, c. 39, s. 4.

PART V

GENERAL POWERS

Corporate status

27          The College of Physicians and Surgeons of Manitoba is continued as a body corporate.

CORPORATE POWERS OF THE COLLEGE

Powers of college

28          The college has the powers, rights, and privileges conferred upon and vested in corporations by section 21 of The Interpretation Act and in addition it may do any one or more of the following things for the purposes of the college:

(a) Establish and support, or aid in the establishment and support of, funds, trust, and conveniences, calculated to benefit members, employees, or ex-employees of the college, or the dependants or relatives of such persons, and grant pensions and allowances, and make payments toward insurance or pensions for such persons.

(b) Subscribe, apply, or guarantee payment of, money for the advancement of medical education or research, or for objects considered by the council beneficial to, or in the interests of the public and the medical profession.

(c) Establish and award scholarships and prizes.

(d) Print, publish, sell, or distribute reports of members of the college and such other information or material as the council may determine.

(e) Purchase, acquire, take, hold, possess, and enjoy any land, tenements, or hereditaments, and personal property, and sell, mortgage, lease or dispose of same.

(f) Collect and accept moneys in trust to be used to further the purposes and objects of the college.

(g) Invest any money belonging to it, or held by it in trust, in stocks, bonds or debentures eligible for investment by insurance companies under the Insurance Companies Act (Canada).

(h) Establish and maintain medical libraries.

S.M. 1996, c. 3, s. 8; S.M. 2000, c. 26, s. 61.

Medical Act to prevail

29          In the event of conflict between the provisions of this Act and provisions of The Corporations Act, the provisions of this Act prevail.

Affairs conducted by council

30          The affairs of the college shall be conducted by a council and the councillors shall be selected in accordance with the provisions of Part VI.

PART VI

THE COUNCIL OF THE COLLEGE

Composition of council

31(1)       The council of the college shall be composed of

(a) two licensed members selected by the faculty, from members of the faculty;

(b) not less than 16 licensed members who shall be elected in the manner hereinafter set forth;

(c) four public representatives, two of whom shall be appointed by the Lieutenant Governor in Council and two by the council;

(d) one associate member, elected by the associate members, to serve for one year; and

(e) the president and past president whether or not they have been re-elected or re-appointed as provided in this subsection.

Electoral districts

31(2)       The council shall divide the province into an appropriate number of electoral districts for the election of the councillors under clause (1)(b), and may at any time make new electoral districts or alter, add to, or reduce, the area comprising an existing electoral district and the boundaries thereof.

Number of councillors

31(3)       The council shall fix the number of councillors to be elected from each electoral district established under subsection (2) and may from time to time change the number of councillors if electoral districts are created, altered, added to, or reduced, but no fewer than six councillors shall be elected from the electoral district that includes The City of Winnipeg.

By-laws for nominating, voting and election of councillors

31(4)       The council may establish by-laws regarding the nomination of candidates for election to council, the manner of voting for members of council, and the conduct and regulation of elections of councillors.

Term of office

31(5)       The term of office of each councillor shall be four years from the date of election or appointment, except that the councillor elected by associate members shall be elected for one year and the term of office of councillors who are public representatives shall be four years unless sooner terminated by the Lieutenant Governor in Council, or council, as the case may be.

Vacancies on council

31(6)       Where a vacancy occurs on the council

(a) if the vacancy involves a councillor from the faculty selected under clause (1)(a), the council may appoint a councillor from the members of the faculty, upon recommendation of the faculty to fill the vacancy for the unexpired portion of the term of his predecessor;

(b) if the vacancy involves a councillor elected under clause (1)(b)

(i) in the electoral district that includes The City of Winnipeg, a by-election shall be held for the unexpired term at the time of the next regular biennial election date, but if that date is greater than six months from the date of the vacancy, the council may appoint a member of the college in good standing who is resident in that electoral district to be a councillor in place of the member previously occupying the place so vacated; and the member so appointed shall hold office until a member has been elected in a by-election to fill the vacancy,

(ii) in any other electoral district, a by-election shall be held to fill that vacancy and the member so elected shall hold office during the unexpired portion of the term of his predecessor;

(c) if the vacancy involves a councillor representing associate members, the council may appoint an associate member to fill the vacancy for the unexpired term.

Vacancies involving public representatives

31(7)       When a vacancy occurs on council involving a public representative, the remaining councillors shall

(a) if the former councillor was appointed by the Lieutenant Governor in Council, notify the minister of the vacancy, and the Lieutenant Governor in Council may appoint a person to fill the vacancy thereby created; or

(b) if the former councillor was appointed by council, appoint another public representative to fill the unexpired term.

Councillor no longer member

31(8)       A councillor selected or appointed under clause (1)(a), (b), (d) or (e), who ceases to be a member of the college ceases to be a councillor.

S.M. 1996, c. 3, s. 9; S.M. 1999, c. 39, s. 5; S.M. 2000, c. 35, s. 14.

Who may vote for election of certain councillors

32(1)       Subject to subsection (4), only licensed members may vote for the election of councillors under clause 31(1)(b) and each voter may vote for as many candidates for membership on the council as there are vacancies to be filled in the electoral district in which the voter practises.

32(2)       Repealed, S.M. 1999, c. 39, s. 6.

Eligibility for election in electoral districts

32(3)       Any member of the college in good standing is, if nominated, eligible for election as a councillor to represent the electoral district in which he practises.

Place of practice

32(4)       For the purposes of section 31 and this section, a member shall be deemed to practise at the practice address as shown on the register or at his place of residence as shown on the register if he is not in practice.

S.M. 1996, c. 3, s. 10; S.M. 1999, c. 39, s. 6.

Electoral inquiries

33          In the case of any doubt or dispute as to whether or not the election of any councillor was in conformity with this Act and the by-laws of the college, the council may, upon receipt of a complaint in writing as to the propriety of the election, hold an inquiry and decide who is the duly elected member, and the person whom they decide to have been elected shall be deemed to be the councillor duly elected; and if the election is found to have been improperly held, the council may order a new election to be held in the electoral district in question.

Appointment of president and president-elect

34(1)       The council shall annually appoint from among the councillors a president and a president-elect.

Appointment of registrar, treasurer and other officers

34(2)       The council shall appoint from among the licensed members a registrar, a treasurer and such other officers as the council considers necessary for carrying out the purposes and objects of the college, and each officer appointed under this subsection shall hold office during the pleasure of the council.

Assistant registrar need not be member

34(3)       Despite subsection (2), an assistant registrar need not be a licensed member.

S.M. 1999, c. 39, s. 7; S.M. 2002, c. 34, s. 3.

COMMITTEES OF COUNCIL

Committees appointed by council

35(1)       The council shall appoint annually from amongst councillors an executive committee and such other committees as may be required under other sections of this Act, or as may be necessary and desirable, from the members of the college or from the council or otherwise.

Duties and responsibilities of excutive committee

35(2)       The executive committee shall, subject to section 36, be responsible for the general administration of the affairs of the college and shall take cognizance of, and action upon all matters delegated to it by council or that may require action between meetings of council.

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.

S.M. 1996, c. 3, s. 11.

FUNCTIONS AND DUTIES OF COUNCIL

Council to govern and administer college

36(1)       The council shall govern, determine, control, and administer the affairs of the college, and without limiting the generality of the foregoing, may

(a) exercise disciplinary jurisdiction over members, associate members and medical corporations;

(b) to (d) repealed, S.M. 1996, c. 3, s. 12;

(e) enter into or make or cause to be entered into or made any contract or agreement which the college may lawfully enter into or make;

(f) cancel the licence of any member, associate member or medical corporation for non-payment of fees under this Act or the by-laws of the college, and impose terms or conditions on the reinstatement of the licence;

(g) authorize any committee of the council to exercise and carry out any of the powers, authorities, rights, privileges and duties conferred or imposed upon the council by this Act;

(h) enter into such agreements and make such arrangements as it sees fit to promote and maintain the standards of health care;

(i) establish and maintain professional standards of medical practice.

Council may make by-laws

36(2)       Council may make by-laws for the exercise and carrying out of the powers, rights and duties conferred or imposed upon council or the college by this Act or any other Act of the Legislature and without limiting the generality thereof may make rules respecting

(a) the management of the college, including the keeping of the registers, the appointment of persons to committees whether members of council or otherwise, the election and appointment of officers and the calling, holding and conduct of meetings of council and of committees;

(b) the fees to be paid by applicants for registration or licences or renewals of licences, which may be different for different classes of registration and different classes of licences;

(c) the regulation of the relationship between the college and the Medical Council of Canada, or any other organization, group or association and the appointment or election of representatives of the college thereto which, in the case of the Medical Council of Canada, shall be in accordance with the Canada Medical Act;

(d) representation from other organizations, groups or associations on committees of the council and the regulation thereof;

(e) the remuneration to be paid members of council or any committee thereof for attending meetings of council or committee;

(f) the amount of salary or honorarium to be paid to officers of the college;

(g) standards of practice and of ethics by members;

(h) the conduct of the affairs of the college, council and committees, including the duties to be performed by members and officers thereof;

(i) the issuance, expiry and renewal of licences under Part IV, including conditions that must be met before a licence may be issued or renewed;

(j) conditions that may be imposed on licences issued under Part IV;

(k) names by which medical corporations or partnerships referred to in section 21 may be known;

(l) any matter the council considers necessary or advisable for the purposes of Part IV.

S.M. 1996, c. 3, s. 12; S.M. 1999, c. 39, s. 8.

Non-traditional therapies

36.1        Despite section 36 and Parts VIII to X, a member shall not be found guilty of professional misconduct or of incompetence solely on the basis that the member practises a therapy that is non-traditional or departs from the prevailing medical practice, unless it can be demonstrated that the therapy poses a greater risk to a patient's health or safety than the traditional or prevailing practice.

S.M. 2005, c. 45, s. 2.

Protection from liability

37          No action lies against the college, the council, the registrar, a person conducting an investigation, a member of a committee established under this Act or the regulations or by-laws, or any employee, officer or person acting on the instructions of any of them, for anything done by the person in good faith in the performance or intended exercise of any power under this Act or the regulations or by-laws, or for any neglect or default in the performance or exercise in good faith of such a duty or power.

S.M. 2002, c. 34, s. 4.

PART VII

STANDARDS COMMITTEE AND PROGRAM REVIEW COMMITTEE

Establishment of standards committee

38(1)       The council shall establish a standards committee which shall be responsible for the supervision of the practice of medicine by members of the college, and the committee or any member designated by the committee may

(a) during reasonable hours inspect the books, records and other documents of any member or medical corporation that relate to the member's or corporation's practice of medicine in the province, at the place of practice or elsewhere; and

(b) review the professional competence of any member either on direction from council or on its own initiative.

Employment of experts

38(2)       The standards committee, or one or more of its designated members, may with the authorization of the college retain the services of experts for the purposes of any review under clause (1)(b).

Refresher training

38(3)       Upon the advice of the standards committee, council may recommend that a member of the college serve a period of refresher training.

S.M. 1999, c. 39, s. 9.

Reporting of members

39(1)       Every member who reasonably believes that another member

(a) is unfit to practise, incompetent or unethical; or

(b) suffers from a mental or physical disorder or illness that may affect his or her fitness to practise, and continues to practise despite having been counselled not to;

must disclose that belief to the registrar, along with the name of the other member and particulars of the suspected disorder, illness, lack of fitness to practise, incompetency or unethical behaviour.

Liability

39(2)       No person disclosing information under subsection (1) is subject to any liability therefor except where it is proved that the disclosure was made maliciously.

S.M. 1996, c. 3, s. 13; S.M. 1999, c. 39, s. 10; S.M. 2007, c. 24, s. 6.

Program review committee

40(1)       The council may appoint a committee to be known as the "program review committee" which may investigate and inspect on behalf of the council all diagnostic and treatment facilities in which services are performed by members in Manitoba other than those which are under the jurisdiction of provincial or municipal governments and those facilities that are approved hospitals under The Manitoba Hospitals Act.

By-laws for operation of certain diagnostic and treatment facilities

40(2)       The council may make by-laws as to all matters pertaining to the establishment and operation of such diagnostic and treatment facilities to ensure that the procedures and standards of care set by the council for the protection of the public are carried out in all such diagnostic and treatment facilities.

Consultation with minister

40(2.1)     Before making a by-law under subsection (2), the council must

(a) provide the minister with a copy of the proposed by-law for his or her review and comment; and

(b) review and consider any comments received.

Report of committee to council

40(3)       Where the program review committee reports to the council that a diagnostic and treatment facility does not appear to meet the required standards, the council shall consider the report and the provisions of Parts IX and X of this Act apply with all necessary modifications.

Council may order closure of facility

40(4)       Where the council determines that the diagnostic and treatment facility does not meet the required standards, the council may order that the diagnostic and treatment facility forthwith cease operation until the standards are met.

Prohibition

40(5)       No member or medical corporation shall utilize a diagnostic or treatment facility which the council has ordered to cease operation.

Application to other facilities

40(6)       The program review committee may enter into agreements with the federal, provincial or municipal governments to apply the provisions of subsections (1), (2), (2.1), (5), (7) and (8) to any facilities or any portion of a facility falling within the jurisdiction of that government and such agreements shall specify the procedures not inconsistent with any Act to be followed when the program review committee believes that the facility does not appear to meet the required standards.

College to provide information to minister

40(7)       The college must provide the minister with

(a) a copy of each application for accreditation of a diagnostic facility, or for the expansion of a diagnostic facility, as soon as practicable after the college receives an application;

(b) a copy of each certificate of accreditation for a diagnostic facility, or for a diagnostic facility as expanded, as soon as practicable after the college issues a certificate;

(c) particulars, as soon as practicable after the information becomes available to the college, of any arrangement between

(i) a diagnostic facility accredited by the college, and

(ii) a hospital or other facility that provides emergency medical treatment,

in relation to the care of patients who require emergency attention as a result of a diagnostic procedure; and

(d) a report of the activities of the committee of the college that, in accordance with the by-laws, accredits diagnostic facilities, including but not limited to non-identifying statistical information.

Timing and contents of report

40(8)       The report under clause (7)(d) must be provided to the minister within four months after the end of each fiscal year, and must contain the information required under that clause for the year for which it is submitted.

S.M. 1996, c. 3, s. 14; S.M. 1999, c. 39, s. 11; S.M. 2007, c. 24, s. 7.

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.

Selection of panel

41(3)       On referral of a complaint or other matter to the complaints committee, the chair must select a panel from among the members of the complaints committee to fulfill the obligations and exercise the powers of the complaints committee in relation to the complaint or other matter.

Composition of panel

41(4)       A panel must be composed of at least three persons, at least one of whom must be a public representative.

Effect of member being unable to continue

41(5)       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.

Decision of panel

41(6)       A decision or action of a panel is a decision or action of the complaints committee.

Reference to complaints committee

41(7)       A reference to the complaints committee in this or any other Act or any regulation includes any panel of the complaints committee.

S.M. 1996, c. 3, s. 15; S.M. 2007, c. 24, s. 8.

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, or a referral under clause 43(1)(b), is made about the former member; and

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

the complaint or referral 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.

S.M. 1996, c. 3, s. 15; S.M. 2002, c. 34, s. 5.

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 30 days 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.

S.M. 1996, c. 3, s. 15; S.M. 2007, c. 24, s. 9.

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.

S.M. 1996, c. 3, s. 15.

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.

Discipline in another jurisdiction

45(1.1)     Without limiting clause (1)(b), if the registrar receives information and is satisfied that a member, before or after registration under this Act,

(a) had his or her licence, permit or other authorization to practise medicine suspended, restricted or revoked by an external regulatory body; or

(b) as a result of disciplinary action by an external regulatory body, had conditions imposed upon his or her licence, permit or other authorization to practise medicine;

the registrar may refer the matter to the investigation committee under clause (1)(b).

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;

(b.1) in the circumstances described in subsection (1.1), obtain information that may be relevant to the investigation from an external regulatory body;

(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.

Certified copy of record of external regulatory body

45(6)       A certified copy of a record of the findings made or the action taken by an external regulatory body that appears to be signed by a person on behalf of that body — or a copy or extract of the record certified by the person as a true copy or extract — is proof of the findings made or the action taken, unless the contrary is shown.  Proof of the appointment or signature of the person signing on behalf of the external regulatory body is not required.

S.M. 1996, c. 3, s. 15; S.M. 2007, c. 24, s. 10.

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.

S.M. 1996, c. 3, s. 15.

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) a member of 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;

(e.1) if the review or investigation was of a matter described in clause 45(1.1)(a) or (b), make one or more of the orders described in clauses 59.6(1)(a) to (g), in which case subsections 59.6(2) to (4), section 59.7 and sections 59.9 to 59.12 apply, with the necessary changes;

(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 — or, if there is no complainant, the registrar — 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.

S.M. 1996, c. 3, s. 15; S.M. 1998, c. 22, s. 4; S.M. 2007, c. 24, s. 11.

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).

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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 appeal committee appointed under subsection (2.1).

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).

Appointment of appeal committee

51(2.1)     On receiving an appeal under subsection (2), the president of the council shall

(a) appoint an appeal committee consisting of no more than three members of the council, one of whom must be a public representative; and

(b) appoint a member of the committee as chair.

Exclusion from committee

51(2.2)     No person shall be selected for the appeal committee who has taken part in the review or investigation of the subject-matter of the appeal.

Power on appeal

51(3)       On an appeal, the appeal 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 appeal committee may make.

Notification of decision

51(4)       The appeal 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 appeal 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.

S.M. 1996, c. 3, s. 15; S.M. 2002, c. 34, s. 6.

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.

S.M. 1996, c. 3, s. 15.

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).

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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, former members of the college, public representatives or other persons 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.

S.M. 1996, c. 3, s. 15; S.M. 1998, c. 22, s. 5.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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, the regulations, the by-laws or the code of conduct 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.

S.M. 1996, c. 3, s. 15; S.M. 2005, c. 39, s. 20; S.M. 2007, c. 24, s. 12.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

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.

S.M. 1996, c. 3, s. 15.

PART XI

MISCELLANEOUS

Validity of certain medical certificates

60          No certificate required from any physician or surgeon or medical practitioner under any Act in force on or after the coming into force of this Act is valid unless the person signing it is a member of the college.

Limitation of action

61          No member or medical corporation is liable in any action for negligence or malpractice by reason of professional services requested or rendered unless the action is commenced within two years from the date when, in the matter complained of, those professional services terminated.

S.M. 1999, c. 39, s. 12.

Prohibited practice

62          No member or medical corporation shall carry on the practice of medicine except under the name registered with the college, without first obtaining the written consent of the council.

S.M. 1999, c. 39, s. 13.

Injunction against unlawful practice

62.1        On application by the college, the court may grant an injunction enjoining any person from practising or professing to practise medicine without being licensed under this Act, or from doing anything in contravention of this Act, notwithstanding any penalty this Act may provide respecting that contravention.

S.M. 1998, c. 22, s. 6.

Confidentiality of information

63(1)       Subject to section 63.1, every person employed, appointed or retained for the purpose of administering this Act, and every member of the council or a committee of the council, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public, or is required to be disclosed, under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, or to The Manitoba Veterinary Medical Association established under The Veterinary Medical Act, to the extent the information is required for that body to carry out its mandate under the Act;

(d) to a body that governs the practice of medicine in a jurisdiction other than Manitoba;

(e) as may be required for the administration of The Health Services Insurance Act or The Prescription Drugs Cost Assistance Act; or

(f) to the medical review committee established under The Health Services Insurance Act, when requested by the committee, to the extent the information is required for that committee to carry out its mandate under that Act.

Offence

63(2)       A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

S.M. 1998, c. 22, s. 7; S.M. 2005, c. 39, s. 21; S.M. 2007, c. 24, s. 13.

Registrar to collect information

63.1(1)     In addition to any other information maintained in administering this Act, the registrar must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and licence renewal.

Member to provide information

63.1(2)     A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.

Minister may require information

63.1(3)     The minister may request in writing that the registrar provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to administer programs respecting payment for professional services under The Health Services Insurance Act;

(c) to generate information — in non-identifying form — for statistical purposes.

Registrar to provide information to minister

63.1(4)     The registrar must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.

Minister may disclose information

63.1(5)     Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

63.1(6)     The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

S.M. 2005, c. 39, s. 22.

Annual report

63.2(1)     The college must submit an annual report to the minister within four months after the end of each fiscal year.

Contents of report

63.2(2)     The report must include the following information for the fiscal year for which the report is submitted:

(a) a description of the structure of the college, including any committees established by the council and their functions;

(b) the names of the members of the council and of its committees;

(c) a copy of the by-laws or amendments to by-laws that were made;

(d) the number of applications for registration received and their disposition;

(e) the number of complaints received and their disposition;

(f) the number of members disciplined, the reasons for the disciplinary action and the sanctions imposed;

(g) the methods used to assure the continuing competence of members;

(h) a financial report on the operation of the college;

(i) any other information the minister requires.

S.M. 2007, c. 24, s. 14.

Examinations and certificates

64          The university is, subject to this Act, the examining body in medicine in the province, and the university may grant to any person a certificate under the academic seal of the university that the person mentioned in the certificate is, by way of medical education, a proper person to be a member of the college; but the certificate shall not be granted until the person making the application has given such evidence of qualification, by undergoing an examination or otherwise, as the by-laws, rules, or regulations of the university then in force may require; and the applicant shall in all other respects first comply with the rules and regulations of the university in that behalf.

S.M. 2008, c. 42, s. 64.

PART XII

65          Repealed.

S.M. 1989-90, c. 90, s. 26; S.M. 1996, c. 3, s. 16; S.M. 1999, c. 39, s. 14.

PART XIII

OFFENCE AND PENALTIES

Offence for false or fraudulent representation

66(1)       Any person who wilfully procures, or attempts to procure, a licence, a registration or an alteration of a registration under this Act by making any false or fraudulent representation or declaration, either orally or in writing, is guilty of an offence.

Offence for practising without a current licence

66(2)       Any person not licensed under this Act who practises or professes to practise medicine in the province, is guilty of an offence.

S.M. 1998, c. 22, s. 8; S.M. 1999, c. 39, s. 15.

Offence for unauthorized use of medical title

67          Any person who is not registered under this Act who

(a) represents or holds out, expressly or by implication, that he or she is a medical practitioner or is entitled to engage in the practice of medicine; or

(b) uses the title "doctor", "surgeon" or "physician" or any similar designation or any suffix, prefix, word, title or designation, abbreviated or otherwise, implying that he or she is registered under this Act or engaged in or entitled to engage in the practice of medicine;

is guilty of an offence.

S.M. 1998, c. 22, s. 9.

Offence for falsification of register

68          Any employee, member, or associate member of the college holding office in the college who makes, or causes to be made, any wilful falsification in any matter relating to the register, is guilty of an offence and is disqualified from again holding that office of the college.

S.M. 1998, c. 22, s. 10.

Penalty for offences

68.1        A person who is guilty of an offence under this Act is liable, on summary conviction,

(a) for a first offence, to a fine of not more than $6,000.; and

(b) for a second or subsequent offence, to a fine of not more than $30,000.

S.M. 1998, c. 22, s. 11.

Directors, officers and employees of corporations

68.2        If a corporation commits an offence under this Act, a director, officer or employee of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction, whether or not the corporation has been prosecuted or convicted,

(a) for a first offence, to a fine of not more than $6,000.; and

(b) for a second or subsequent offence, to a fine of not more than $30,000.

S.M. 1999, c. 39, s. 16.

69          Repealed.

S.M. 1999, c. 39, s. 17.

Proof of offence

70          In any prosecution under this Act, it is sufficient proof of an offence under this Act if it is proved that the accused has done or committed a single act of unlicensed practice, or has committed on one occasion any of the acts prohibited by this Act.

Who may prosecute complaint

71          Any person may be prosecutor or complainant under this Act, and the province shall pay to the prosecutor such portion of the fines recovered as may be expedient towards the payment of the costs of the prosecution.

Limitation on prosecution

72          No prosecution under this Act shall be commenced after the expiration of one year from the date of the alleged offence.

Stay of proceedings

73          When the college is the prosecutor of an offence under this Act, it may, upon an order signed by the registrar and under the seal of the college apply for a stay of proceedings in any such prosecution, in which case the court seized with the matter shall grant the stay.

 

 


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