5th Session, 42nd Legislature
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Bill 33
THE ADDICTION SERVICES ACT
TABLE OF CONTENTS
PART 1 INTRODUCTORY PROVISIONS |
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1 | Definitions | |
(2) | Reference to "Act" includes regulations | |
2 | Application | |
(2) | When Act does not apply | |
PART 2 LICENCE, DUTIES AND LICENSING ACTION |
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LICENCE | ||
3 | Licence required | |
(2) | Licence not required | |
4 | Application to director | |
(2) | Required information — new licence | |
(3) | Required information — renewal or amendment | |
5 | Director may issue, renew or amend licence | |
6 | Specified addiction services authorized | |
(2) | Director may refuse to authorize services | |
(3) | Director to give reasons | |
7 | Director may refuse to issue licence | |
(2) | If applicant is a corporation, etc. | |
8 | Director may refuse to renew or amend a licence | |
9 | Director to give reasons | |
10 | Regulations may impose terms or conditions | |
11 | Director may impose terms or conditions | |
(2) | Director may vary or rescind terms or conditions | |
(3) | Director to give reasons | |
12 | Date of expiry | |
13 | Licence not transferable or assignable | |
DUTIES | ||
14 | Licence holder to comply with Act, standards, licence | |
15 | Licence holder to ensure staff complies with Act and standards | |
16 | Required insurance | |
17 | Reports and information to be provided | |
18 | Records to be kept | |
19 | Posting of licence | |
(2) | Exemption | |
20 | Return of licence | |
21 | Duties of staff | |
LICENSING ACTION | ||
22 | Licensing action | |
(2) | Reasons for taking licensing action | |
(3) | When decision becomes effective | |
(4) | Reasons for decision | |
23 | Provisional licence | |
PART 3 | ||
ADMINISTRATION AND ENFORCEMENT | ||
DIRECTOR | ||
24 | Appointment of director | |
(2) | Director may delegate | |
25 | Forms | |
26 | Director may require records | |
(2) | Duty to provide records | |
27 | Director has powers of inspector | |
REGISTRY OF LICENCE HOLDERS | ||
28 | Registry of licence holders | |
INSPECTORS | ||
29 | Designating inspectors | |
(2) | Identification | |
INSPECTIONS | ||
30 | Definition | |
(2) | General inspection powers | |
(3) | Authority to enter a dwelling | |
(4) | Warrant to conduct inspection | |
(5) | Application without notice | |
31 | Assistance to be given | |
(2) | Assistance of peace officer | |
32 | Electronic records | |
(2) | Inspector may make copies | |
(3) | Inspector may remove records to make copies | |
(4) | Receipt and return of samples | |
33 | Warrant for search and seizure | |
(2) | Application without notice | |
(3) | Assistance of peace officer | |
COMPLIANCE ORDERS | ||
34 | Compliance order by director | |
(2) | Order requirements | |
(3) | Order may contain terms and conditions | |
(4) | Director must give copy of order | |
35 | Oral order of director or inspector | |
(2) | Confirmation of order | |
36 | Immediate effect | |
(2) | Director may rescind order | |
37 | Compliance | |
COURT ORDER | ||
38 | Court order to prevent contravention | |
(2) | Terms and conditions | |
APPEALS | ||
39 | Right of appeal | |
40 | Appeal board established | |
(2) | Membership | |
(3) | Criteria for appointment of members | |
(4) | Term | |
(5) | Remuneration and expenses | |
41 | Board to report annually to minister | |
(2) | Summary in department's annual report | |
42 | Chair and vice-chair | |
(2) | Duties of vice-chair | |
43 | Appeal heard by single member or panel | |
(2) | Chair to determine size and composition | |
(3) | Quorum | |
(4) | Jurisdiction of panel | |
(5) | Continuation of hearing after resignation of member | |
44 | How to appeal | |
(2) | Appeal requirements | |
(3) | Notice to the director | |
(4) | Director is party to appeal | |
45 | Appeal board to hold hearing | |
(2) | Appeal board to give notice of hearing | |
(3) | Hearing may be conducted orally or in writing | |
(4) | Powers of the board | |
(5) | Board not bound by rules of evidence | |
(6) | Rules of procedure | |
(7) | Adjournment | |
46 | Hearing open to public | |
(2) | Order that a hearing be closed to the public or that a person be identified only by initials | |
(3) | When order may be made | |
(4) | Reasons for the order to be available | |
(5) | No publication other than initials | |
47 | Appeal board's decision | |
(2) | Board to give written reasons | |
(3) | Time limit for decisions | |
(4) | Chair may extend time | |
48 | Decision to be given effect | |
(2) | Appeal decision final and binding | |
PART 4 GENERAL PROVISIONS |
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OFFENCES AND PENALTIES | ||
49 | False or misleading information | |
50 | Holding out as licensed | |
(2) | Holding out as entitled to provide services | |
51 | Use of name | |
52 | Compliance offences | |
53 | Penalties | |
(2) | Continuing offence | |
(3) | Directors and officers of corporations | |
(4) | Limitation period | |
LIABILITY PROTECTION | ||
54 | Liability protection | |
PART 5 REGULATIONS |
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55 | Regulations — Lieutenant Governor in Council | |
56 | Regulations — minister | |
(2) | Scope of regulations | |
PART 6 TRANSITIONAL PROVISIONS, RELATED AMENDMENTS, C.C.S.M. REFERENCE AND COMING INTO FORCE |
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TRANSITIONAL PROVISIONS | ||
57 | Existing service providers | |
(2) | Staff of existing service providers | |
(3) | Transitional regulations | |
RELATED AMENDMENTS | ||
58 | C.C.S.M. c. P33.5 amended | |
59 | C.C.S.M. c. P130 amended | |
C.C.S.M. REFERENCE | ||
60 | C.C.S.M. reference | |
COMING INTO FORCE | ||
61 | Coming into force |