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 | |