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The Podiatrists Act

C.C.S.M. c. P93

The Podiatrists Act

PART 1
DEFINITIONS
1 Definitions
PART 2
PRACTICE OF PODIATRY
2 (1) Practice of podiatry
(2) Foot includes articulation and muscles and tendons
(3) Included practices
3 (1) Representation as a podiatrist
(2) Use of title
(3) Use of title "Doctor"
PART 3
COLLEGE OF PODIATRISTS OF MANITOBA
4 (1) College established
(2) Duty to serve the public interest
(3) Powers
(4) Membership
(5) Meetings
(6) Notice of meetings
5 (1) Council
(2) Council to manage affairs
6 (1) Composition of council
(2) Public representatives
(3) By-laws for election and appointment of members
(4) Officers
(5) Remuneration
(6) Registrar and staff
(7) Committees
(8) Composition of credentials committee
PART 4
REGISTRATION
REGISTERS
7 (1) Registers
(2) Register of podiatrists
(3) Access to information
APPLICATIONS FOR REGISTRATION
8 Registrar
9 (1) Registration of podiatrists
(2) Conditions
(3) Entry in the register
(4) Certificate of registration
9.1 (1) Registration if emergency
(2) Emergency need not be declared
(3) Certificate of registration
10 Application for registration not approved
APPEAL
11 (1) Appeal to council
(2) Notice
(3) Hearing
(4) Right to appear
(5) Decision by council
(6) Notice of decision of appeal
12 (1) Appeal to court
(2) Powers of court on appeal
ANNUAL CERTIFICATE OF REGISTRATION
13 Certificate of registration
CANCELLATION OF REGISTRATION
14 (1) Registration may be cancelled if fraud
(2) Registration may be cancelled if conviction
(3) Appeal
PART 5
COMPLAINTS
15 Definitions
COMPLAINTS COMMITTEE
16 (1) Complaints committee
(2) Public representatives
17 (1) Complaints against members
(2) Complaints against former members
18 Referral to complaints committee
19 (1) Informal resolution
(2) Investigation
(3) Records and information
(4) Failure to produce records
(5) Investigation of other matters
(6) Report to complaints committee
DECISION OF COMPLAINTS COMMITTEE
20 (1) Decision of complaints committee
(2) Matter not resolved by mediation
(3) Decision served on member and complainant
(4) Hearing not required
21 (1) Conditions on right to practise
(2) Costs
CENSURE
22 (1) Personal appearance
(2) Publication of censure
(3) Order for costs
VOLUNTARY SURRENDER OF REGISTRATION
23 (1) Voluntary surrender of registration
(2) Order for costs
24 Conditions on re-instatement
APPEAL BY COMPLAINANT
25 (1) Appeal by complainant to council
(2) Notice
(3) Power on appeal
(4) Notice of decision
(5) Hearing not required
SUSPENSION OF REGISTRATION PENDING DECISION
26 (1) Suspension of registration pending decision
(2) Notice of suspension or conditions
27 Application for stay
MISCELLANEOUS
28 Referral to inquiry committee
29 Disclosure of information to authorities
INQUIRY COMMITTEE
30 (1) Inquiry committee
(2) Public representatives
31 (1) Selection of panel
(2) Composition
(3) Exclusion from panel
(4) Effect of member being unable to continue
HEARING
32 (1) Hearing
(2) Date of hearing
(3) Notice of hearing
(4) Public notice of hearing
33 (1) Right to appear and be represented
(2) Adjournments
(3) Recording of evidence
34 (1) Member may examine documentary evidence
(2) Member to provide documentary evidence
(3) Evidence of expert without report
(4) Failure to provide summary
35 Investigation of other matters
36 (1) Hearing open to public
(2) Request for a private hearing
(3) When private hearing may be held
(4) Reasons for excluding the public to be available
37 (1) Evidence
(2) Power to administer oaths and affirmations
38 (1) Witnesses
(2) Notice to attend and produce records
(3) Registrar to provide notices
(4) Witness fees
(5) Failure to attend or give evidence
39 Hearing in absence of member
DECISION OF PANEL
40 Findings of panel
41 (1) Orders of panel
(2) Panel may consider censure
(3) Ancillary orders
(4) Costs when conditions imposed
(5) Contravention of order
42 (1) Costs and fines
(2) Nature of costs
(3) Failure to pay costs and fines by time ordered
(4) Filing of order
43 (1) Written decision
(2) Decision forwarded to registrar
(3) Service of decision
(4) Copies of transcript
44 Publication of decision
APPEAL TO COURT
45 (1) Appeal to Court of Appeal
(2) Commencement of appeal
(3) Appeal on the record
46 Powers of Court on appeal
47 Stay pending appeal
PART 6
REGULATIONS, BY-LAWS AND CODE OF ETHICS
48 (1) Regulations made by the council
(2) Approval of regulations
49 (1) By-laws
(2) Amendments and repeal of by-laws
50 Code of ethics
PART 7
GENERAL PROVISIONS
PRACTICE AUDITORS
51 (1) Appointment of practice auditors
(2) Audit of a podiatry practice
52 (1) Entry of premises and inspection of records
(2) Admissibility of copies
(3) Entry with order
(4) Obstruction of practice auditor
SERVICE OF DOCUMENTS
53 (1) Service of documents
(2) Deemed receipt
REGISTRAR'S CERTIFICATE
54 Registrar's certificate
PROOF OF CONVICTION
55 Proof of conviction
OFFENCES
56 (1) Offence
(2) Offence
(3) Fraudulent representation on application for registration
(4) Offence by employer
(5) Limitation on prosecution
(6) Prosecution of offence
(7) Stay of proceedings
57 Single act of unauthorized practice
PROTECTION FROM LIABILITY
58 Protection from liability
59 Limitation period for members
CONFIDENTIALITY OF INFORMATION
60 Confidentiality of information
60.1 (1) Registrar to collect information
(2) Member to provide information
(3) Minister may require information
(4) Registrar to provide information to minister
(5) Minister may disclose information
(6) Authorized entities
INJUNCTION
61 Injunction
DUTY OF MEMBERS TO REPORT
62 (1) Duty of members to report
(2) Exemption from liability for disclosure
EMPLOYER'S RESPONSIBILITY
63 (1) Employer's responsibility to ensure registration
(2) Responsibility to report misconduct
ANNUAL REPORT
64 (1) Annual report
(2) Contents of report
PART 8
TRANSITIONAL, CONSEQUENTIAL AMENDMENTS, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
65 (1) "Former Act" defined
(2) Registration continued
(3) Application for registration continued
(4) Council continued
66
67 and 68
69 to 71
72 Repeal
73 C.C.S.M. reference
74 (1) Coming into force
(2) Coming into force: sections 67 and 68