Second Session, Thirty-Seventh Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
THE PODIATRISTS ACT
|Table of Contents||Explanatory Note|
(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"by-laws" means the by-laws of the college made under section 49; (« règlements administratifs »)
"college" means the College of Podiatrists of Manitoba; (« Ordre »)
"council" means the council of the college; (« Conseil »)
"court" means the Court of Queen's Bench; (« tribunal »)
"member" means a person whose name is entered in a register; (« membre »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)
"podiatrist" means a person who is registered as a podiatrist under this Act; (« podiatre »)
"public representative" means a person who is not registered under this Act and who is not, and has never been, a podiatrist or a chiropodist; (« représentant du public »)
"register" means a register established under this Act; (« registre »)
"registrar" means the registrar of the college appointed under this Act; (« registraire »)
"regulations" means the regulations made under section 48. (« règlement »)
PRACTICE OF PODIATRY
The practice of podiatry is the use of medical, physical or surgical methods to prevent, diagnose and treat ailments, diseases, deformities and injuries of the human foot, but does not include treatment of systemic disease, except for the local manifestations in the foot.
Foot includes articulation and muscles and tendons
For the purpose of this Act, the human foot includes the articulation of the tibia and fibula with the bones of the foot and the muscles and tendons directly affecting foot function.
Subject to the regulations, in the course of practising podiatry, a podiatrist may
(a) cut into the subcutaneous, ligamentous, and bony tissues of the foot and the tendons directly affecting the function of the foot;
(b) inject substances into the foot; and
(c) prescribe drugs.
Representation as a podiatrist
No person except a podiatrist shall
(a) represent or hold out, expressly or by implication, that he or she is a podiatrist or is entitled to engage in the practice of podiatry as a podiatrist; or
(b) use any sign, display, title or advertisement implying that he or she is a podiatrist.
No person except a podiatrist shall use the title "podiatrist" or "chiropodist", a variation or abbreviation of that title, or an equivalent in another language.
A podiatrist registered under this Act may display or make use of the title "Doctor" or the abbreviation "Dr.", provided it is used in connection with the word "podiatrist", clearly indicating that he or she is not a physician within the meaning of The Medical Act.
COLLEGE OF PODIATRISTS OF MANITOBA
The Association of Chiropodists is continued as a body corporate under the name College of Podiatrists of Manitoba.
Duty to serve the public interest
The college must carry out its activities and govern its members in a manner that serves and protects the public interest.
The college has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.
The membership of the college consists of the persons whose names are on a register and who have paid the fees provided for in the by-laws.
A general meeting of the college must be held at least once a year and special general meetings of the college must be held when the council considers it advisable. On receiving a written request signed by at least 5% of the members of the college entitled to vote, the council shall convene a special general meeting for the purpose specified in the request.
Notice of the time and place of each meeting referred to in subsection (5) must be given to the members in accordance with the by-laws.
There is hereby established a governing body of the college called the council.
The council shall
(a) manage and conduct the business and affairs of the college; and
(b) exercise the rights, powers and privileges of the college in the name and on behalf of the college.
The council is to consist of at least six persons who are either members of the college or public representatives.
At least 1/3 of the members of the council must be public representatives.
By-laws for election and appointment of members
Members of the council are to be appointed or elected in accordance with the by-laws.
The members of the council shall elect from among themselves the officers of the college specified in the by-laws, in the manner and for the terms specified in the by-laws.
The members of the council are to be paid such remuneration and expenses as the council may determine by by-law.
The council shall appoint a registrar from among the members of the college and may appoint any other officers, practice auditors, investigators or staff that it considers necessary to perform the work of the college.
The council shall establish
(a) a standing committee for the purpose of recruiting and selecting public representatives to serve on the council and committees of the college;
(b) a standing committee to assess credentials of podiatrists applying for surgical privileges; and
(c) any other committee that the council considers necessary.
Composition of credentials committee
The composition of the committee established under clause (7)(b) shall be prescribed by regulation.
Subject to the direction of the council, the registrar shall maintain the following registers:
(a) a register of podiatrists;
(b) a register of podiatrists having surgical privileges;
(c) any other registers that are provided for in the regulations.
The register of podiatrists must contain
(a) every podiatrist's name, business address and business telephone number;
(b) the conditions imposed on every certificate of registration;
(c) a notation of every cancellation and suspension of a certificate of registration;
(d) the result of every disciplinary proceeding in which a panel has made a finding under section 40; and
(e) information that the regulations specify as information to be kept in the register.
During normal business hours, a person may obtain the following information contained in the register of podiatrists:
(a) the information described in clauses (2)(a) and (b);
(b) the information described in clause (2)(c) relating to a suspension that is in effect;
(c) the results of every disciplinary proceeding completed within six years before the register was prepared or last updated
(i) in which a podiatrist's certificate of registration was cancelled or suspended or had conditions imposed on it, or
(ii) in which a podiatrist was required to pay a fine or attend to be censured;
(d) information designated as public in the regulations.
APPLICATIONS FOR REGISTRATION
In accordance with the by-laws, the registrar shall consider and decide on applications for registration under section 9.
The registrar shall approve an application for registration as a podiatrist if the applicant
(a) meets the competency requirements approved by the council;
(b) establishes that his or her name has not been removed for cause from a register of persons authorized to engage in the practice of podiatry in Canada or elsewhere;
(c) establishes that he or she has not been suspended as a result of professional misconduct by a regulatory authority governing the practice of podiatry in Canada or elsewhere;
(d) pays the fees provided for in the by-laws; and
(e) meets any other requirements set out in the regulations.
An approval may be made subject to any conditions that the registrar considers advisable.
The registrar shall enter in the register of podiatrists the name of a person whose application for registration is approved.
On entering the name of a person in the register of podiatrists, the registrar shall issue a certificate of registration to the person.
Application for registration not approved
If the registrar does not approve an application for registration or approves an application subject to conditions, he or she shall give notice to the applicant in writing, with reasons for the decision, and shall advise the applicant of the right to appeal the decision to the council.
A person whose application for registration as a podiatrist is not approved by the registrar or whose application is approved subject to conditions may appeal the registrar's decision to the council.
An appeal is to be made by filing a written notice of appeal with the council within 30 days after the person receives notice of the registrar's decision under section 10. The notice must specify the reasons for the appeal.
On receiving a notice of appeal, the council shall schedule an appeal, which must be held within 90 days after it receives the notice. The council shall give the applicant a written notice of the date, time and place of the appeal.
An applicant who appeals a decision of the registrar is entitled to appear with counsel and make representations to the council at the appeal.
The council shall decide the appeal within 90 days after the hearing and may make any decision the registrar could have made.
Within 30 days after deciding the appeal, the council shall give the applicant written notice of its decision.
A person whose application for registration as a podiatrist is refused by the council, or whose application is approved subject to conditions, may appeal the decision to the court by filing a notice of appeal within 30 days after receiving notice of the council's decision under subsection 11(6).
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.
ANNUAL CERTIFICATE OF REGISTRATION
Each year, the council shall issue a certificate of registration to every person whose name is included in a register and who has paid the fees provided for in the by-laws. The certificate must state the type of registration and the date on which it expires, and must refer to any conditions or limitations imposed.
CANCELLATION OF REGISTRATION
Registration may be cancelled if fraud
If the registrar is satisfied on reasonable grounds that a person's registration has been obtained by means of a false or fraudulent representation or declaration, the registrar shall report the matter to the council, and the council may direct the registrar to cancel the person's certificate of registration. The registrar shall then cancel the certificate of registration and give the person and his or her employer, if any, written notice of that fact.
Registration may be cancelled if conviction
The council may direct the registrar to cancel the certificate of registration of a 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 that it intends to do so and give the member an opportunity to make representations. The registrar shall give the member and his or her employer, if any, written notice of any cancellation.
A member whose certificate of registration is cancelled under this section may appeal the cancellation to the court, in which case section 12 applies with necessary modifications.
In this Part,
"conduct" includes an act or omission; (« conduite »)
"investigated member" means a member or a former member who is the subject of an investigation or whose conduct is the subject of a hearing under this Part. (« membre faisant l'objet de l'enquête »)
The council shall appoint a complaints committee consisting of
(a) a member of the college who shall be the chair of the committee; and
(b) other members of the college and public representatives appointed from time to time.
At least 1/3 of the persons appointed to the complaints committee must be public representatives.
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 Part.
Complaints against former members
If, after a member's registration is cancelled, suspended or not renewed under this Act,
(a) a complaint is made about the former member; and
(b) the complaint relates to conduct occurring before the cancellation, suspension or non-renewal occurred;
the complaint may, notwithstanding the cancellation, suspension or non-renewal, be dealt with within three years from the date of the cancellation or non-renewal as if the former member's registration were still in effect.
Referral to complaints committee
The registrar shall refer to the complaints committee
(a) a complaint made under section 17; and
(b) any other matter that the registrar considers advisable.
On referral of a complaint or other matter to the complaints committee, the complaints committee may attempt to resolve it informally if the committee considers informal resolution to be appropriate.
If informal resolution of a complaint has been attempted and the complaint is not resolved to the complainant's satisfaction, the complaints committee shall direct that an investigation into the conduct of the member be held and shall appoint an investigator to conduct the investigation. The committee may also direct an investigation and appoint an investigator in respect of any complaint or other matter that is referred to it if the committee considers it appropriate to do so.
An investigator appointed under subsection (2) may
(a) require the investigated member or any other member to produce to the investigator any records in his or her possession or under his or her control that may be relevant to the investigation;
(b) require the investigated member or any other member to be interviewed for the purpose of the investigation; and
(c) direct an inspection or audit of the practice of the investigated member.
The college may apply to the court for an order
(a) directing any member to produce to the investigator any records in his or her possession or under his or her control, if it is shown that the member failed to produce them when required to do so by the investigator; or
(b) directing any person to produce to the investigator any records in his or her possession or under his or her control that are or may be relevant to the complaint being investigated.
Investigation of other matters
The investigator may investigate any other matter related to the professional conduct or the skill in practice of the member that arises in the course of the investigation.
Report to complaints committee
On concluding the investigation, the investigator shall report his or her findings to the complaints committee.
DECISION OF COMPLAINTS COMMITTEE
Decision of complaints committee
The complaints committee may, after review or investigation,
(a) direct that the matter be referred, in whole or in part, to the inquiry committee;
(b) direct that the matter not be referred to the inquiry committee;
(c) accept the voluntary surrender of the member's registration;
(d) censure the member if
(i) at least one 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;
(e) refer the matter to mediation if the committee determines that the complaint is strictly a matter of concern to the complainant and the member and both parties agree to mediation; or
(f) enter into an agreement with the member that provides for one or more of the following:
(i) assessing the member's capacity or fitness to practise podiatry,
(ii) counselling or treatment of the member,
(iii) monitoring or supervising the member's practice of podiatry,
(iv) the member's completing a specified course of studies by way of remedial training;
(v) placing conditions on the member's right to practise podiatry.
Matter not resolved by mediation
If a matter referred for mediation under clause (1)(e) cannot be resolved, it must be referred back to the complaints committee, which may make any other decision under subsection (1) that it considers appropriate.
Decision served on member and complainant
The complaints committee shall serve on the member and the complainant a written notice setting out its decision and the reasons for the decision.
Except as required by clause (1)(d), the complaints committee is not required to hold a hearing or give any person an opportunity to appear or to make formal submissions before making a decision under this section.
Conditions on right to practise
If the complaints committee enters into an agreement with a member for conditions on the member's right to practise podiatry under subclause 20(1)(f)(v), those conditions may include the conditions referred to in section 24.
The complaints committee may order the member to pay all or part of the costs incurred by the college in monitoring compliance with conditions imposed on a member's right to practise podiatry under an agreement entered into under subclause 20(1)(f)(v). It may also order the member to pay all or part of the costs of the investigation.
The complaints committee may require a member who is censured under clause 20(1)(d) to appear personally to be censured before the committee.
The complaints 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.
The complaints committee may order a member who is censured to pay all or part of the costs of the investigation.
VOLUNTARY SURRENDER OF REGISTRATION
Voluntary surrender of registration
If the complaints committee accepts a voluntary surrender of a member's registration under clause 20(1)(c), it may direct the member to do one or more of the following to the satisfaction of any person or committee that the complaints committee may determine, before the member's right to practise podiatry may be reinstated:
(a) obtain counselling or treatment;
(b) complete a specified course of studies;
(c) obtain supervised experience.
The complaints committee may direct the member to pay any 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 voluntary surrender takes effect.
A voluntary surrender remains in effect until the complaints committee is satisfied that the conduct or complaint that was the subject of the investigation has been resolved, at which time the committee may impose conditions on the member's entitlement to practise podiatry, 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 audits of his or her practice;
(e) permit periodic audits of records;
(f) report to the committee or the registrar on specific matters;
(g) comply with any other conditions that the committee considers appropriate in the circumstances;
and may order the member to pay all or any part of the costs incurred by the college in monitoring compliance with those conditions.
APPEAL BY COMPLAINANT
Appeal by complainant to council
When the complaints committee makes a decision under clause 20(1)(b), (c) or (f), the complainant may appeal the decision to the council.
An appeal is to be made by mailing a written notice of appeal to the registrar within 30 days after the date the complainant is notified of the complaints committee decision under subsection 20(3).
On an appeal under this section, the council shall do one or more of the following:
(a) make any decision that in its opinion ought to have been made by the complaints committee;
(b) quash, vary or confirm the decision of the complaints committee;
(c) refer the matter back to the complaints committee for further consideration in accordance with any direction that the council may make.
The council shall give the member and the complainant a written notice setting out its decision and the reasons for the decision.
The council is not required to hold a hearing or to give any person an opportunity to appear or to make oral submissions before making a decision under this section, but it shall give the investigated member and the complainant an opportunity to make a written submission.
SUSPENSION OF REGISTRATION PENDING DECISION
Suspension of registration pending decision
Notwithstanding anything in this Act, the complaints committee may, when there is a question that a member's conduct exposes or is likely to expose the public to serious risk, direct the registrar to suspend the member's certificate of registration or place conditions on his or her practice of podiatry pending the outcome of proceedings under this Part.
Notice of suspension or conditions
On receiving a direction under subsection (1), the registrar shall promptly serve a notice of the suspension or the conditions of practice on the member and, where appropriate, the member's employer.
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 complaints committee to suspend the member's certificate of registration or to place conditions under section 26 pending the outcome of proceedings under this Part.
Notwithstanding any other action it may have taken, with the exception of a censure, the complaints committee may at any time refer the conduct or complaint that was the subject of the investigation to the inquiry committee.
Disclosure of information to authorities
Notwithstanding any other provision of this Act, the complaints 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 the member's conduct.
The council shall appoint an inquiry committee consisting of
(a) a podiatrist who is a member of the college, who is to be the chair; and
(b) other members of the college, former members of the college and public representatives appointed from time to time.
At least 1/3 of the persons appointed to the inquiry committee must be public representatives.
Within 30 days after a matter is referred to the inquiry committee, the chair shall select a panel from among the members of the inquiry committee to hold a hearing.
A panel is to be composed of at least three members, one of whom must be a public representative.
No person may 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
If a hearing has begun and a member of the panel is unable to continue to sit as a member, the panel may complete the hearing if at least three members remain and one of them is a public representative.
When a panel is selected, it shall hold a hearing.
The hearing must begin within 120 days after the date on which the matter is referred to the inquiry committee, unless the investigated member consents in writing to a later date.
At least 30 days before the date of the hearing, the registrar shall serve a notice of hearing on the investigated member and the complainant stating the date, time and place of the hearing and identifying in general terms the complaint or matter about which the hearing will be held.
The registrar may issue a public notice of the hearing in any manner he or she considers appropriate, but the notice must not include the name of the investigated member.
Right to appear and be represented
The college and the investigated member may appear and be represented by counsel at a hearing and the committee may have counsel to assist it.
The chair of the panel may adjourn a hearing from time to time.
The oral evidence given at a hearing must be recorded.
Member may examine documentary evidence
Before the day of the hearing, an investigated member must be given 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
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
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.
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.
Investigation of other matters
The panel may investigate and hear any other matter concerning the conduct of an investigated member that arises in the course of its proceedings, but in that event the committee shall declare its intention to investigate the further matter and shall permit the investigated member sufficient opportunity to prepare a response.
Except as otherwise provided in this section, a hearing of the panel shall be open to the public, but there shall be no reporting in the media of anything that would identify the investigated member, 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 40.
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
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 in 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 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
The panel shall ensure that any order it makes under subsection (3) and its reasons are either given orally at the hearing or are available to the public in writing.
At a hearing, the oral evidence of witnesses must be taken on oath or affirmation, and the parties shall have the right to cross-examine witnesses and call evidence in defence and reply.
Power to administer oaths and affirmations
For the purpose of an investigation or hearing under this Act, the registrar and the chair of the panel have the power to administer oaths and affirmations.
Any person, other than the investigated member, 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
The attendance of witnesses before the 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.
On the written request of the member or his or her counsel or agent, the registrar shall provide any notices that the member requires for the attendance of witnesses or the production of records.
A witness, other than the member, who has been served with a notice to attend or a notice for production under this section is entitled to be paid the same fees in the same manner as a witness in an action in the court.
Failure to attend or give evidence
Proceedings for civil contempt of court may be brought against a witness
(a) who fails to attend before the 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 to answer any question he or she is directed to answer by the panel.
The panel, on proof of service on the investigated member of the notice of hearing, may
(a) proceed with the hearing in the absence of the member or his or her agent; and
(b) act, decide or report on the matter being heard in the same way as if the member were in attendance.
DECISION OF PANEL
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 ethics of the college;
(c) has been found guilty of an offence that is relevant to the member's suitability to practise;
(d) has displayed a lack of knowledge of or lack of skill or judgement in the practice of podiatry;
(e) has demonstrated an incapacity or unfitness to practise podiatry;
(f) is found to be suffering from an ailment that might, if the member continues to practise, constitute a danger to the public; or
(g) is guilty of conduct unbecoming a member;
it shall deal with the member in accordance with this Act.
If the panel makes any of the findings described in section 40, it may make one or more of the following orders:
(a) reprimand the member;
(b) suspend the member's certificate of registration for a stated period;
(c) suspend the member's certificate of registration until he or she has completed a specified course of studies or supervised practical experience, or both, to the satisfaction of any person or committee that the panel may determine;
(d) accept, in place of the suspension of the certificate of registration, the member's undertaking to limit his or her practice;
(e) impose conditions on the member's entitlement to practise podiatry, including conditions that he or she
(i) practise under supervision,
(ii) permit periodic inspections of his or her practice,
(iii) permit periodic audits of records,
(iv) report on specified matters to any person or committee that the panel may determine,
(v) not engage in sole practice;
(f) require the member to satisfy the panel of his or her competence to practise podiatry;
(g) require the member to satisfy a person or committee that the panel may determine that a disability or addiction can be or has been overcome, and suspend the member's certificate of registration until the person or committee is satisfied;
(h) require the member to take counselling or treatment;
(i) direct the member to waive, reduce or repay money paid to the member that, in the opinion of the panel , was unjustified for any reason; and
(j) cancel the member's certificate of registration.
To assist the panel in making an order under this section, the panel may be advised of any censure or order previously issued to the member and the circumstances under which it was issued.
The panel may make any ancillary order that is appropriate or required in connection with an order mentioned in subsection (1) or may make any other order that it considers appropriate in the circumstances, including an order that
(a) a further or new investigation be held into any matter; or
(b) the panel be convened to hear a complaint without an investigation.
If the panel imposes conditions on a member's entitlement to practise podiatry 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.
If the council is satisfied that a member has contravened an order made under subsection (1), it may, without a further hearing, cancel the member's certificate of registration.
The panel may, in addition to or instead of dealing with the member's conduct in accordance with section 41, order that the member pay to the college, within the time set by the order,
(a) all or part of the costs of the investigation, hearing and appeal;
(b) a fine not exceeding $10,000.; or
(c) both the costs under clause (a) and the fine under clause (b).
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) fees, 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 complaints 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
If the member is ordered to pay a fine or costs or both under subsection (1), or under subsection 41(4), and fails to pay within the time ordered, the registrar may cancel his or her certificate of registration until the payment is made.
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 judgement of the court.
Within 90 days following the completion of a hearing, the panel shall make a written decision on the matter consisting of the reasons for its decision and a statement of any order made by it.
Decision forwarded to registrar
The panel shall forward to the registrar
(a) the decision; and
(b) any record of the proceedings and all exhibits and documents.
On receiving the decision and record, the registrar shall serve a copy on the member and the complainant.
The member may examine the record of the proceedings before the panel, and is entitled to receive, on payment of the cost of providing it, a transcript of the oral evidence given before the panel.
Notwithstanding that any proceeding or part of a proceeding under this Part 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 41 or 42, the college may also publish the member's name.
APPEAL TO COURT
A member in respect of whom a finding or order is made by the panel under section 40, 41 or 42 may appeal the finding or order to The Court of Appeal.
An appeal shall be commenced
(a) by filing a notice of appeal; and
(b) by giving a copy of the notice of appeal to the registrar;
within 30 days after the date on which the decision of the panel is served on the member.
An appeal must be founded on the record of the hearing before the panel and the decision of the panel.
On hearing the appeal, the Court of 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.
The decision and any order of the panel remains in effect pending an appeal unless the Court of Appeal, on application, stays the decision and any order pending the appeal.
REGULATIONS, BY-LAWS AND CODE OF ETHICS
Regulations made by the council
The council may make regulations
(a) respecting standards for the practice of podiatry;
(b) respecting registration under Part 4, including establishing the qualifications, clinical competencies, experience and other requirements to be met by applicants for registration and for renewal of registration, conversion of registration, and reinstatement of registration;
(c) respecting the injection of substances into the foot by podiatrists;
(d) designating the drugs that a podiatrist may prescribe;
(e) designating the surgical procedures that a podiatrist may perform on the subcutaneous, ligamentous and bony tissues of the foot and the tendons directly affecting the function of the foot;
(f) respecting the establishment and operation of committees under subsection 6(7), including the composition and mandate of the standing committee established under clause 6(7)(b);
(g) requiring podiatrists to carry professional liability insurance and governing the coverage required to be carried;
(h) respecting the establishment, content and maintenance of registers under subsection 7(1) and, for the purpose of clause 7(3)(d), designating information contained in a register that may be made public;
(i) governing the publication of a notice of the cancellation of a certificate of registration or of any other decision under Part 5 in a form and manner determined by the council;
(j) respecting the conditions under which the name of a person whose certificate of registration has been cancelled may be reinstated in a register and the conditions under which a certificate of registration may be reissued;
(k) establishing requirements for continuing competency and training.
A regulation under subsection (1) does not come into force until it is approved by
(a) a majority of members of the college voting in accordance with the by-laws; and
(b) the Lieutenant Governor in Council.
The council may make by-laws
(a) for the government of the college and the management and conduct of its affairs;
(b) respecting the calling and conduct of meetings of the college and the council;
(c) respecting the nomination, election and number of council members and officers of the college, the filling of vacancies on the council and on any committee established by the council, and the appointment of ex officio members of the council and of any committee established by the council, and prescribing the term of office and the duties and functions of those members, officers and ex officio members;
(d) providing for the procedures for the election of members to the council;
(e) governing the number of members that constitutes a quorum at meetings of the college and the council;
(f) governing the operation, proceedings and quorum of the complaints committee and the inquiry committee, the appointment of acting members and ex officio members and the procedures for filling vacancies, and prescribing the terms of office, duties and functions of ex officio members;
(g) setting remuneration, honorariums, fees and expenses payable to members of the council or of committees established under this Act, the regulations or the by-laws for attending to the business of the college;
(h) prescribing the fees payable by members and by applicants for registration or the manner of determining such fees;
(i) authorizing the council to prescribe the form of a certificate of registration and any other form or document that may be required for the purposes of this Act, the regulations or the by-laws;
(j) respecting the holding of votes on any matter relating to the college, including voting by mail or any other method;
(k) governing the establishment, operation and proceedings of committees, the appointment and revocation of members and acting members of those committees and the procedures for filling vacancies on those committees;
(l) providing for the appointment and remuneration of officers and other employees of the college and prescribing their duties and functions;
(m) providing for the term of office of the registrar and the appointment of an individual as an acting registrar, who has all of the powers, duties and functions of the registrar under this Act and the regulations when the registrar is absent or unable to act or when there is a vacancy in the office of registrar;
(n) respecting the procedures for the approval of regulations by the members.
Amendments and repeal of by-laws
After notice is given in accordance with the by-laws, a by-law under subsection (1) may be amended or repealed by a majority of the members of the college
(a) present and voting at a general meeting, or a special general meeting;
(b) voting in a mail vote conducted in accordance with the by-laws.
The college may, by resolution passed at a general meeting, adopt a code of ethics governing the conduct of members.
Appointment of practice auditors
The council may appoint one or more practice auditors for the purposes of this Act and the regulations and by-laws.
The practice auditor may review the operation of a podiatry practice and shall report his or her findings to the registrar on the conclusion of each audit.
Entry of premises and inspection of records
For the purpose of enforcing and administering this Act and the regulations, a practice auditor may at any reasonable time, and when requested, upon presentation of an identification card issued by the council,
(a) without a warrant, enter the office of a member and make such inspections as may be reasonably required to determine compliance with this Act and the regulations;
(b) require the production by the member of any record that the practice auditor reasonably considers necessary for the purpose of enforcing this Act and the regulations;
(c) inspect and, upon giving a receipt, remove records or things relevant to the inspection for the purpose of making copies or extracts; and
(d) remove substances and things for examination or test upon giving a receipt.
A copy of a record made under clause (1)(c) and certified to be a true copy by the practice auditor is, in the absence of evidence to the contrary, admissible in evidence in any proceeding or prosecution as proof of the original record and its contents.
When a justice is satisfied by information under oath that there are reasonable grounds for believing that it is necessary for a practice auditor to enter a building, vehicle or other place for the enforcement of this Act or the regulations and
(a) a reasonable, unsuccessful effort to effect entry without the use of force has been made; or
(b) there are reasonable grounds for believing that entry would be denied without a warrant;
the justice may at any time, and if necessary upon application without notice, issue an order authorizing the practice auditor and such other persons as may be named in the order, with such peace officers as are required to assist, to enter the building or other place and to take such action as a practice auditor may take under subsection (1).
Obstruction of practice auditor
No person shall obstruct a practice auditor or withhold from a practice auditor, or conceal or destroy any records, documents, substances or things relevant to an audit.
SERVICE OF DOCUMENTS
A notice, order or other document under this Act or the regulations is sufficiently given or served if it is
(a) delivered personally; or
(b) sent by registered mail, or by another service that provides the sender with proof of delivery, to the intended recipient at that person's last address appearing in the records of the college.
A notice, order or other document sent by registered mail is deemed to be given or served five days after the day it was sent.
A certificate purporting to be signed by the registrar and stating that a named person was or was not, on a specified day or during a specified period,
(a) a member of the college; or
(b) an officer, investigator or practice auditor of the college or a member of the council or of a committee established under this Act, the regulations or the by-laws;
is, in the absence of evidence to the contrary, admissible in evidence in all courts and tribunals as proof of the facts stated in it without proof of the registrar's appointment or signature.
PROOF OF CONVICTION
For the purpose of proceedings under this Act, a certified copy under the seal of the court or signed by the convicting judge or the Clerk of The Provincial Court, of the conviction of a person for any crime or offence under the Criminal Code (Canada) or under any other 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.
A person who contravenes a provision of this Act or the regulations, other than section 60 of this Act, is guilty of an offence and is liable on summary conviction
(a) for a first offence, to a fine of not more than $5,000.; and
(b) for a subsequent offence, to a fine of not more than $15,000.
A person who contravenes section 60 is guilty of an offence and is liable on summary conviction to a fine of not more than $50,000.
Fraudulent representation on application for registration
A person who obtains, or attempts to obtain, registration as a member of the college under this Act by making a false or fraudulent representation or declaration, either orally or in writing, and any person who knowingly assists in making such a representation or declaration, is guilty of an offence and is liable on summary conviction to a fine of not more than $10,000.
If the employer of a member knowingly permits the member to fail to comply with a condition of the member's certificate of registration, the employer is guilty of an offence and is liable on summary conviction to a fine of not more than $10,000.
A prosecution under this Act may be commenced within two years after the commission of the alleged offence, but not afterwards.
Any person may be a prosecutor or complainant in the prosecution of an offence under this Act, and the government may pay to the prosecutor a portion of any fine recovered, in an amount that it considers appropriate, toward the costs of the prosecution.
When the college is the prosecutor of an offence under this Act, it may apply for a stay of proceedings in the prosecution, and the court shall grant the stay.
Single act of unauthorized practice
In any prosecution under this Act it is sufficient to prove that the accused has done or committed a single act of unauthorized practice, or has committed on one occasion any of the acts prohibited by this Act.
PROTECTION FROM LIABILITY
No action lies against the college, the council, the registrar, a person conducting an investigation, a practice auditor, or 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.
No member 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.
CONFIDENTIALITY OF INFORMATION
Confidentiality of information
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 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, to the extent the information is required in order for that body to carry out its mandate under the Act;
(d) to a body that governs the practice of podiatry or chiropody in a jurisdiction other than Manitoba; or
(e) as may be required for the administration of The Prescription Drugs Cost Assistance Act.
The court, on application by the council, may grant an injunction enjoining any person from doing any act that contravenes Part 2, notwithstanding any penalty that may be provided by this Act in respect of that contravention.
DUTY OF MEMBERS TO REPORT
A member who believes that another member is suffering from a physical or mental condition or disorder of a nature or to an extent that the member is unfit to continue to practise or that the member's practice should be restricted, shall inform the registrar of that belief and the reasons for it.
Exemption from liability for disclosure
A member who discloses information under subsection (1) is not subject to any liability as a result, unless it is established that the disclosure was made maliciously.
Employer's responsibility to ensure registration
Every person who employs a person as a podiatrist shall ensure that the podiatrist is registered under this Act during the period of employment.
Responsibility to report misconduct
If a person who employs a podiatrist terminates the podiatrist's employment for misconduct, incompetence or incapacity, the employer shall promptly report the termination to the council and give the podiatrist a copy of the report.
The college shall submit an annual report to the minister within four months of the end of each fiscal year.
The report must include the following information for the year for which the report is submitted:
(a) a description of the structure of the college, including its committees and their functions;
(b) the names of the members of the council and committees;
(c) a copy of the by-laws or amendments to by-laws that were made;
(d) the number of applications for registration that were received and their disposition;
(e) the number of complaints that were received and their disposition;
(f) the number of members disciplined, the reasons for the discipline and the sanctions imposed;
(g) the number of practice audits conducted and the results of the audits;
(h) the methods used to assure the continuing competence of members;
(i) a financial report on the operation of the college;
(j) any other information the minister requires.
TRANSITIONAL, REPEAL AND COMING INTO FORCE
In this section, "former Act" means The Chiropodists Act, R.S.M., 1987, c. C90.
An individual who is a member of the Association of Chiropodists under the former Act on the day this Act comes into force is deemed to be registered as a member under this Act.
Application for registration continued
An application for registration made under the former Act but not concluded before the coming into force of this Act shall be dealt with under this Act.
The members of the council and officers of the association under the former Act are deemed to be members of the council and officers of the college under this Act, elected or appointed for the same period and holding the same offices.
Consequential amendment, C.C.S.M. c. M90
Clause 2(2)(a) of The Medical Act is replaced with the following:
(a) to a podiatrist acting within the scope of The Podiatrists Act;
Consequential amendment, C.C.S.M. c. P60
The Pharmaceutical Act is amended by this section.
Section 1 is amended
(a) in the definition "prescription" by adding ", podiatrist" after "dentist"; and
(b) by adding the following definition in alphabetical order:
"podiatrist" means a person licenced to practice podiatry in a province or territory of Canada; (« podiatre »)
Subsection 2(2) of is amended by adding the following after clause (f):
(g) prevents a podiatrist from prescribing or administering a drug if to do so is permitted under The Podiatrists Act.
Consequential amendments, C.C.S.M. c. P115
The Prescription Drugs Cost Assistance Act is amended by this section.
Subsections 10(1) and (2) are amended by adding "podiatrist," after "dentist," wherever it occurs.
Clause 10(5)(g) is amended by adding ", podiatry" after "dentistry".
Consequential amendment, C.C.S.M. c. R115
Clause 6(2)(d) of The Registered Respiratory Therapists Act is replaced with the following:
(d) podiatry within the meaning of The Podiatrists Act; or
Consequential amendment, C.C.S.M. c. V55
Section 30 of The Victims' Rights Act is amended by striking out "chiropodist" and substituting "podiatrist".
Consequential amendment, C.C.S.M. c. W200
Section 20 of The Workers Compensation Act is amended by striking out "chiropodist" and substituting "podiatrist".
The Chiropodists Act, R.S.M. 1987, c. C90, is repealed.
This Act may be referred to as chapter P93 of the Continuing Consolidation of the Statutes of Manitoba.
This Act, except sections 67 and 68, comes into force on the day it receives royal assent.
Coming into force: sections 67 and 68
Sections 67 and 68 come into force on a day fixed by proclamation.