Note: It does not reflect any retroactive amendment enacted after June 16, 2010.
To find out if an amendment is retroactive, see the coming-into-force provisions
at the end of the amending Act.
C.C.S.M. c. M125
The Midwifery Act
(Assented to June 28, 1997)
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 51; (« règlements administratifs »)
"college" means the College of Midwives of Manitoba; (« Ordre »)
"council" means the council of the college; (« Conseil »)
"court" means the Court of Queen's Bench; (« tribunal »)
"midwife" means a person registered as a midwife under this Act; (« sage-femme »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"public representative" means a person who is not and never has been registered under this Act and who is not a member of a health profession regulated by an Act of the Legislature for which the minister has statutory responsibility; (« représentant du public »)
"register" means a register under section 10; (« registre »)
"registrar" means the registrar of the college appointed under subsection 8(4); (« registraire »)
"regulations" means the regulations made under section 50; (« règlements »)
"student" means a person registered as a student under section 16. (« étudiant »)
PRACTICE OF MIDWIFERY
The practice of midwifery means the assessment and monitoring of women during pregnancy, labour and the post-partum period, and of their newborn babies, the provision of care during normal pregnancy, labour and post-partum period and the conducting of spontaneous vaginal deliveries.
In the course of engaging in the practice of midwifery, a midwife may
(a) order and receive reports of screening and diagnostic tests designated in the regulations;
(b) prescribe and administer drugs designated in the regulations; and
(c) perform minor surgical and invasive procedures designated in the regulations.
A midwife may, in accordance with this Act and the regulations, engage in the practice of midwifery as a primary health care provider who
(a) is directly accessible to clients without referral from a member of another health profession;
(b) is authorized to provide health services within the practice of midwifery without being supervised by a member of another health profession; and
(c) consults with other health professionals, including physicians, if medical conditions exist or arise during pregnancy that may require management outside the scope of the practice of midwifery.
Subject to subsection (2), no person other than a midwife may engage in the practice of midwifery.
Nothing in this Act prevents a person from performing any action described in section 2
(a) in an emergency; or
(b) under the authority of another Act of the Legislature.
No person except a midwife shall
(a) represent or hold out, expressly or by implication, that he or she is a midwife or is entitled to engage in the practice of midwifery; or
(b) use any sign, display, title or advertisement implying that the person is a midwife.
No person except a midwife shall use the title "midwife", a variation or abbreviation of that title, or an equivalent in another language.
COLLEGE OF MIDWIVES OF MANITOBA
The College of Midwives of Manitoba is established as a body corporate.
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 the register and who have paid the fees provided for in the by-laws.
A general meeting of the college shall be held at least once a year and special general meetings of the college shall be held when the council considers it advisable.
Notice of the time and place of each meeting referred to in subsection (4) shall be given in accordance with the by-laws.
Every member who is a registered midwife is entitled to vote at a meeting of the college.
The college shall
(a) permit members of the public to attend meetings of the college and the council, except where it considers that a private meeting is necessary in order to consider matters of a confidential nature or of a personal nature concerning an individual;
(b) make its by-laws available to the public; and
(c) hold an annual public meeting to explain the role of the college and to invite public comment.
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 shall consist of at least six persons of whom at least
(a) two are public representatives;
(b) three are elected from the members of the college in accordance with the by-laws; and
(c) one is a member of the standing committee referred to in clause (5)(b).
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 term specified in the by-laws.
The members of the council shall be paid such remuneration and expenses as the council may determine.
The council shall appoint a registrar 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 advise the college on issues related to midwifery care to aboriginal women; and
(c) any other committee that the council considers necessary.
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 after giving notice of the time and place of the meeting in accordance with the by-laws.
The registrar shall, subject to the direction of the council, maintain the following registers:
(a) a register of practising midwives;
(b) a register of students; and
(c) any other registers that are provided for in the regulations.
The register of practising midwives shall contain
(a) every midwife's name, business address and business telephone number;
(b) the conditions imposed on every certificate of registration;
(c) a notation of every revocation and suspension of a certificate of registration;
(d) the result of every disciplinary proceeding; and
(e) information that the regulations specify as information to be kept in the register.
A person may obtain, during normal business hours, the following information contained in the register of practising midwives:
(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 midwife's certificate of registration was revoked or suspended or had conditions imposed on it, or
(ii) in which a midwife was required to pay a fine or attend to be censured; and
(d) information designated as public in the regulations.
The council shall, in accordance with the by-laws, appoint a board of assessors to consider and decide on applications for registration under section 12.
The board of assessors shall approve an application for registration as a midwife 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 the register of persons authorized to engage in the practice of midwifery 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 midwifery 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 board of assessors considers advisable.
The registrar shall enter in the register of practising midwives the name of a person whose application for registration is approved by the board of assessors.
On entering the name of a person in the register of midwives, the registrar shall issue a certificate of registration to the person.
Despite anything in this Act or the regulations, the board of assessors may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise midwifery in another jurisdiction in Canada or the United States to practise midwifery in the province during an emergency, if the minister gives the board of assessors written notice that
(a) a public health emergency exists in all or part of the province; and
(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a midwife from outside the province are required to assist in dealing with the emergency.
The board of assessors may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.
If necessary to carry out the intent of this section, the board of assessors may authorize the registrar to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the council may determine.
If the board of assessors does not approve an application for registration or approves an application subject to conditions, it shall give notice to the applicant in writing, with reasons for its decision, and shall advise the applicant of the right to appeal the decision of the board of assessors to the council.
A person whose application for registration as a midwife is not approved by the board of assessors or whose application is approved subject to conditions may, by notice in writing within 30 days after receiving a notice of refusal, appeal the decision of the board of assessors to the council, specifying the reasons for the appeal.
On receiving a notice of appeal under this section, the council shall schedule an appeal to be held within 90 days after receiving the notice of appeal by the council.
An applicant who appeals a decision of the board of assessors under this section
(a) shall be given notice in writing by the council of the date, place and time of the appeal; and
(b) is entitled to appear with counsel and make representations to the council at the appeal.
A member of the board of assessors who is also a member of the council may participate in the appeal but shall not vote on a decision under this section.
The council shall decide the appeal within 90 days after the hearing and may make any decision the board of assessors 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 midwife 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 the date on which the applicant is notified of the refusal or conditions.
The court on hearing an appeal 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.
The registrar shall approve an application for registration as a student if the applicant
(a) is a student engaged in a midwifery education program approved by the college;
(b) pays the fee provided for in the by-laws; and
(c) meets any other requirements set out in the regulations.
A person whose application for registration as a student is refused under subsection (1) may appeal the refusal to the council, in which case section 14 applies with necessary modifications.
ENFORCEMENT OF STANDARDS
In this Part,
"conduct" includes an act or omission; (« conduite »)
"investigated person" means a midwife or a former midwife in respect of whose conduct an investigation is conducted or a hearing is held under this Part. (« personne visée par l'enquête »)
The council shall, in accordance with the by-laws, appoint a complaints committee consisting of
(a) one member of the council who is a midwife;
(b) one member of the council who is a public representative; and
(c) one member of the college who is not a member of the council.
Any person may make a complaint in writing to the registrar about the conduct of a midwife, and the complaint shall be dealt with in accordance with this Part.
If, after a midwife's registration is cancelled or not renewed under this Act,
(a) a complaint is made about the former midwife; and
(b) the complaint relates to conduct occurring before the cancellation or non-renewal occurred;
the complaint may, notwithstanding the cancellation or non-renewal, be dealt with within five years from the date of the cancellation or non-renewal as if the former midwife's registration was still in effect.
The registrar shall refer to the complaints committee
(a) a complaint made under section 19;
(b) any other matter that the registrar considers advisable.
On referral of a matter to the complaints committee, the complaints committee may direct that an investigation into the conduct of a midwife be held and may appoint an investigator to conduct the investigation.
An investigator appointed under subsection (1) may require the investigated person
(a) to produce to the investigator any records in the possession of or under the control of the investigated person; and
(b) to attend at the investigation to be interviewed.
The college may apply to the court for an order
(a) directing the investigated person to produce to the investigator any records in his or her possession or under his or her control, if it is shown that the investigated person failed to produce them when required by the investigator; or
(b) directing any person to produce to the investigator any records that are or may be relevant to the complaint being investigated.
The investigator may investigate any other matter related to the professional conduct or the skill in practice of the investigated person that arises in the course of the investigation.
On concluding the preliminary investigation, the investigator shall report his or her findings to the complaints committee.
DECISION OF COMPLAINTS COMMITTEE
The complaints committee may, after review or preliminary 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 midwife's registration;
(d) censure the midwife if
(i) the committee has met with the midwife and the midwife has agreed to accept the censure, and
(ii) the committee has determined that no action is to be taken against the midwife other than the censure;
(e) refer the matter to mediation if the complaints committee determines that the complaint is strictly a matter of concern to the complainant and the investigated person and both parties agree to mediation;
(f) enter into an agreement with the midwife that provides for one or more of the following:
(i) assessing the midwife's capacity or fitness to practise midwifery,
(ii) counselling or treatment of the midwife,
(iii) monitoring or supervision of the midwife's practice of midwifery,
(iv) the midwife's completion of a specified course of studies by way of remedial training,
(v) placing conditions on the midwife's right to practise midwifery.
If a matter referred for mediation under clause (1)(e) cannot be resolved, it shall be referred back to the complaints committee who may make any other decision under subsection (1) that it considers appropriate.
The complaints committee shall serve on the investigated person and the complainant a 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.
If the complaints committee enters into an agreement with a midwife for conditions on the midwife's right to practise midwifery under subclause 22(1)(f)(v), those conditions may include the conditions referred to in section 26.
The complaints committee may order the midwife to pay all or part of the costs incurred by the college in monitoring compliance with conditions imposed on a midwife's right to practice midwifery under an agreement entered into under subclause 22(1)(f)(v).
The complaints committee may require a midwife who is censured under clause 22(1)(d) to appear personally before the committee to be censured.
The complaints committee may publish the fact that a midwife has been censured, and publication may include the midwife's name and a description of the circumstances that led to the censure.
If the complaints committee censures a midwife, it may also order the midwife to pay all or part of the costs of the investigation.
VOLUNTARY SURRENDER OF REGISTRATION
If the complaints committee accepts a voluntary surrender of a midwife's registration under clause 22(1)(c), it may direct the midwife to do one or more of the following to the satisfaction of any person or committee that the complaints committee may determine, before the midwife's right to practise midwifery 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 midwife 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 midwife's entitlement to practice midwifery, including conditions that the midwife 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 complaints 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 midwife to pay all or any part of the costs incurred by the college in monitoring compliance with those conditions.
APPEAL BY COMPLAINANT
When the complaints committee makes a decision under clause 22(1)(b),(c) or (f), the complainant may, by notice in writing to the registrar mailed within 30 days after the date of notification of the complaints committee decision made under subsection 22(2), appeal the decision to the council.
On an appeal under subsection (1), 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 notice to the investigated person and the complainant in writing of its decision and the reasons for its decision.
CANCELLATION OF REGISTRATION PENDING DECISION
Notwithstanding anything in this Act, the complaints committee may, when there is a question that the investigated person's conduct exposes or is likely to expose the public to serious risk, direct the registrar to cancel the investigated person's certificate of registration or place conditions on his or her practice of midwifery pending the outcome of proceedings under this Part.
On receiving a direction under subsection (1), the registrar shall promptly serve a notice of the cancellation or the conditions of practice on the midwife.
The investigated person 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 cancel the investigated person's certificate of registration or to place conditions on his or her practice under section 28 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 preliminary investigation to the inquiry committee.
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 midwife that is obtained during an investigation into that midwife's conduct.
There shall be an inquiry committee consisting of not less than five persons appointed by the council in accordance with this section.
The inquiry committee shall consist of at least
(a) one person who is a midwife and a member of the council who is to be the chair;
(b) two persons who are members of the college but not members of the council; and
(c) two persons who are public representatives.
No person who has taken part in the review or investigation of what is to be the subject matter of the inquiry shall be a member of the inquiry committee.
If a hearing has begun and a member of the inquiry committee is unable to continue as a member, the committee may complete the hearing if at least three members remain, one of whom is a public representative.
Subject to the approval of the council, the inquiry committee shall determine its own practice and procedure.
On referral of a matter to the inquiry committee, the inquiry committee shall hold a hearing.
The hearing before the inquiry committee shall commence within 120 days after the date on which the matter is referred.
At least 30 days before the date of the hearing, the registrar shall serve on the investigated person and the complainant a notice of hearing stating the date, time and place at which the inquiry committee will hold a hearing and identifying in general terms the complaint or matter in respect of which the hearing will be held.
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 investigated person.
The college and the investigated person may appear and be represented by counsel at a hearing before the inquiry committee, and the committee may have counsel to assist it.
An investigated person shall be given an opportunity to examine before the hearing any written or documentary evidence that will be produced and any report the contents of which will be given in evidence at the hearing.
The chairperson of the inquiry committee may adjourn a hearing from time to time.
The inquiry committee may investigate and hear any other matter concerning the conduct of an investigated person 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 person sufficient opportunity to prepare a response.
A hearing shall be open to the public unless the inquiry committee 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.
If the inquiry committee is satisfied that the hearing is required to be closed, it may make an order that the public be excluded from the hearing or any part of it and it may make other orders it considers necessary to prevent the public disclosure of matters disclosed at the hearing, including orders banning the publication or broadcasting of those matters.
No order shall be made under subsection (2) that prevents the publication of anything that is contained in the register and available to the public.
The inquiry committee may make an order that the public be excluded from the part of a hearing dealing with a motion for an order under subsection (2).
The inquiry committee may make any order necessary to prevent the public disclosure of matters disclosed in the submissions relating to any motion described in subsection (2), including prohibiting the publication or broadcasting of those matters.
The inquiry committee shall ensure that any order it makes under this section and its reasons are available to the public in writing.
The inquiry committee may reconsider an order made under subsection (2) at the request of any person or on its own motion.
At a hearing of the inquiry committee, the oral evidence of witnesses shall be taken on oath or affirmation and the parties shall have the right to cross-examine witnesses and call evidence in defence and reply.
For the purpose of an investigation or hearing under this Act, the registrar and the chairperson of the inquiry committee have the power to administer oaths and affirmations.
The oral evidence given at a hearing of the inquiry committee shall be recorded.
Any person, other than the investigated person, who in the opinion of the inquiry committee has knowledge of the complaint or matter being heard is a compellable witness in any proceeding before the inquiry committee.
The attendance of witnesses before the inquiry committee 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 investigated person or the person's counsel or agent, the registrar shall provide any notices that the person requires for the attendance of witnesses or the production of records.
A witness, other than the investigated person, 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.
Proceedings for civil contempt of court may be brought against a witness
(a) who fails to attend before the inquiry committee 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 inquiry committee.
The inquiry committee, on proof of service on the investigated person of the notice of hearing, may
(a) proceed with the hearing in the absence of the investigated person or the person's agent; and
(b) act, decide or report on the matter being heard in the same way as if the investigated person were in attendance.
DECISION OF INQUIRY COMMITTEE
If, at the conclusion of a hearing, the inquiry committee finds that the investigated person
(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 midwife's suitability to practise;
(d) has displayed a lack of knowledge of or lack of skill or judgment in the practice of midwifery;
(e) has demonstrated an incapacity or unfitness to practise midwifery; or
(f) is found to be suffering from an ailment that might, if the midwife continues to practise, constitute a danger to the public;
it shall deal with the investigated person in accordance with this Act.
If the inquiry committee makes any of the findings described in section 42, the committee may make one or more of the following orders:
(a) reprimand the investigated person;
(b) cancel the certificate of registration of the investigated person for a stated period;
(c) cancel the certificate of registration of the investigated person until
(i) the investigated person has completed a specified course of studies or supervised practical experience, or
(ii) the committee is satisfied as to the competence of the investigated person to practise midwifery;
(d) accept in place of the cancellation of the certificate of registration, the investigated person's undertaking to limit his or her practice;
(e) impose conditions on the investigated person's entitlement to practise midwifery, including conditions that he or she
(i) practise under supervision,
(ii) permit periodic inspections of his or her practice by a person authorized by the committee to carry out inspections,
(iii) permit periodic audits of records,
(iv) report to the committee on specified matters,
(v) not engage in sole practice;
(f) require the investigated person to satisfy the committee of his or her competence to practise midwifery;
(g) require the investigated person to satisfy the committee that a disability or addiction can be or has been overcome, and cancel the certificate of registration of the investigated person until the committee is so satisfied;
(h) require the investigated person to take counselling;
(i) direct the investigated person to waive, reduce or repay money paid to the investigated person that, in the opinion of the committee, was unjustified for any reason; and
(j) cancel the certificate of registration held by the investigated person.
To assist the inquiry committee in making an order under this section, the committee may be advised of any censure or order previously issued to the investigated person and the circumstances under which it was issued.
The inquiry committee 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 inquiry committee be convened to hear a complaint without a preliminary investigation.
If the inquiry committee is satisfied that an investigated person has contravened an order made under subsection (1), it may, without a further hearing, cancel the certificate of registration held by the investigated person.
The inquiry committee may, in addition to or instead of dealing with the conduct of an investigated person in accordance with section 43, order that the investigated person pay to the college
(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);
within the time set by the order.
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 inquiry committee or the complaints committee; and
(c) costs incurred by the college in providing counsel for the college and the inquiry committee, whether or not counsel is employed by the college.
If the investigated person 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 cancel his or her certificate of registration until the fine or costs are paid.
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.
The inquiry committee shall, within 90 days following the completion of a hearing, make a written decision on the matter consisting of the reasons for its decision and a statement of any order made by it.
The inquiry committee shall forward to the registrar
(a) the decision; and
(b) the record of the proceedings, consisting of all evidence presented before it, including all exhibits and documents.
The registrar shall, on receiving the decision and record, serve a copy on the investigated person and the complainant.
The investigated person may examine the record of the proceedings before the inquiry committee, and is entitled to receive, on payment of the cost of providing it, a transcript of the oral evidence given before the committee.
Notwithstanding that any proceeding or part of a proceeding under this Part may have been held in private, the college may, after the expiration of any appeal period, publish the name of an investigated person in respect of whom an order is made under section 43 or 44 and the general circumstances relevant to the findings.
APPEAL TO COURT OF APPEAL
An investigated person in respect of whom a finding or order is made by the inquiry committee under section 42, 43 or 44 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 inquiry committee is served on the investigated person.
An appeal shall be founded on the record of the hearing before the inquiry committee and the decision of the inquiry committee.
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 inquiry committee or any part of it; or
(c) refer the matter back to the inquiry committee for further consideration in accordance with any direction of the court.
The decision and any order of the inquiry committee remains in effect pending an appeal unless the Court of Appeal, on application, stays the decision and any order pending the appeal.
AND CODE OF ETHICS
The council may make regulations
(a) respecting standards for the practice of midwifery;
(b) for the purpose of clause 2(2)(a), designating screening and diagnostic tests that a midwife may order or about which a midwife may receive reports;
(c) for the purpose of clause 2(2)(b), designating drugs that a midwife may prescribe and administer;
(d) for the purpose of clause 2(2)(c),designating minor surgical and invasive procedures that a midwife may perform;
(e) establishing requirements to be met by applicants for registration as midwives and students;
(f) requiring midwives to carry professional liability insurance and governing the coverage required to be carried;
(g) establishing a process for assessing the experience and knowledge of applicants for registration as midwives;
(h) respecting the establishment and operation of committees under subsection 8(5);
(i) respecting the establishment, content and maintenance of registers under section 10 and, for the purpose of clause 10(3)(d), designating information contained in a register that may be made public;
(j) 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;
(k) 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;
(l) establishing requirements for continuing education and training;
(m) prescribing the records to be kept by midwives and the length of time they must be kept.
50(2) A regulation made 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 or board established by the council, and the appointment of ex officio members of the council and of any committee or board 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 midwives to the council;
(e) providing for the division of the province into districts and prescribing the number of council members to be elected from each district;
(f) governing the number of members that constitutes a quorum at meetings of the college and the council;
(g) 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;
(h) setting remuneration, fees and expenses payable to members of the council or of committees or boards established under this Act, the regulations or the by-laws for attending to the business of the college;
(i) prescribing the fees payable by midwifes and by applicants for registration or the manner of determining such fees;
(j) 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;
(k) respecting the holding of votes by mail or any other method on any matter relating to the college;
(l) governing the establishment, operation and proceedings of committees or boards, the appointment and revocation of members and acting members of those committees or boards and the procedures for filling vacancies on those committees or boards;
(m) providing for the appointment and remuneration of officers and other employees of the college and prescribing their duties and functions;
(n) respecting the payment of sums of money or the providing of other assistance to other midwifery associations;
(o) 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;
(p) respecting the procedures for the approval of regulations by midwifes.
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
(b) voting in a mail vote conducted in accordance with the by-laws.
The college may, by resolution passed at an annual general meeting, adopt a code of ethics governing the conduct of midwives and students.
The council may appoint one or more practice auditors for the purposes of this Act.
A practice auditor may review the operation of a midwifery practice and shall report his or her findings to the registrar on the conclusion of each audit.
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 midwife and make such inspections as may be reasonably required to determine compliance with this Act and the regulations;
(b) require the production by the midwife 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 purposes 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).
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.
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 on 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 midwife of the college; or
(b) an officer, investigator or a practice auditor of the college or a member of the council or of a committee or board 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.
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 60.1 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 60.1 is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.
A prosecution under this section 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.
No action lies against the college, the council, the registrar, a person conducting a preliminary investigation, a practice auditor, a member of a committee or board established under this Act or the regulations or the by-laws, or any officer or person acting on the instructions of any of them for anything done in good faith in the performance or intended exercise of any power under this Act, the regulations or the by-laws or for any neglect or default in the performance or exercise in good faith of such a duty or power.
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.
Subject to section 60.2, 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, 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 midwifery in a jurisdiction other than Manitoba; or
(e) as may be required for the administration of The Health Services Insurance Act or The Prescription Drugs Cost Assistance Act.
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 renewal of registration.
A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.
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.
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.
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.
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).
TRANSITIONAL, CONSEQUENTIAL AND
COMING INTO FORCE
The Lieutenant Governor in Council may appoint a transitional council.
After this Act receives royal assent but before it comes into force, the transitional council and its employees and committees may do anything that is necessary or advisable for the coming into force of this Act and may perform any activities that the council and its employees and committees could do under this Act if it were in force.
Without limiting the generality of subsection (2), the transitional council may appoint a registrar, and the registrar and the transitional council's committees may accept and process applications for the issue of certificates of registration and may charge application fees and issue certificates of registration.
The minister may
(a) review the transitional council's activities and require the transitional council to provide reports and information;
(b) require the transitional council to make, amend or revoke a regulation under this Act;
(c) require the transitional council to do anything that, in the opinion of the minister, is necessary or advisable to carry out the intent of this Act.
If the minister requires the transitional council to do anything under subsection (4), the transitional council shall, within the time and in the manner specified by the minister, comply with the requirement and submit a report to the minister.
If the minister requires the transitional council to make, amend or revoke a regulation under clause 4(b) and the transitional council does not do so within 60 days, the Lieutenant Governor in Council may make, amend or revoke the regulation.
Subsection (6) does not give the Lieutenant Governor in Council authority to do anything that the transitional council does not have the authority to do.
After this Act comes into force, the transitional council shall be the council if it is constituted in accordance with subsection 8(1) or, if it is not, it shall be deemed to be the council until a new council is constituted in accordance with subsection 8(1).
63 to 65
NOTE: These sections contained consequential amendments to other Acts, which are now included in those Acts.
This Act may be cited as The Midwifery Act and referred to as chapter M125 of the Continuing Consolidation of the Statutes of Manitoba.
This Act, except section 61, comes into force on a day fixed by proclamation.
Section 61 comes into force on the day this Act receives royal assent.
NOTE: S.M. 1997, c. 9, except section 61, was proclaimed in force June 12, 2000.