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C.C.S.M. c. M125
The Midwifery Act
| PART 1 | |
| DEFINITIONS | |
| 1 | Definitions |
| PART 2 | |
| PRACTICE OF MIDWIFERY | |
| 2(1) | Practice of midwifery |
| (2) | Included practices |
| (3) | Midwife as primary health care provider |
| 3(1) | Exclusive right to practice midwifery |
| (2) | Application to other persons |
| 4(1) | Representation as a midwife |
| (2) | Use of titles |
| PART 3 | |
| COLLEGE OF MIDWIVES OF MANITOBA | |
| 5(1) | College established |
| (2) | Powers |
| (3) | Membership |
| (4) | Meetings |
| (5) | Notice of meetings |
| (6) | Qualification to vote |
| 6 | Public meetings |
| 7(1) | Council established |
| (2) | Council to manage affairs |
| 8(1) | Composition of council |
| (2) | Officers |
| (3) | Remuneration |
| (4) | Registrar and staff |
| (5) | Committees |
| 9 | Council to convene meetings |
| PART 4 | |
| REGISTRATION | |
| 10(1) | Registers |
| (2) | Register of practising midwives |
| (3) | Access to information |
| 11 | Board of assessors |
| 12(1) | Registration of midwives |
| (2) | Conditions |
| (3) | Entry in register |
| (4) | Certificate of registration |
| 12.1(1) | Registration if emergency |
| (2) | Emergency need not be declared |
| (3) | Certificate of registration |
| 13 | Application for registration not approved |
| 14(1) | Appeal to council |
| (2) | Hearing |
| (3) | Notification of hearing |
| (4) | Participation by board of assessors |
| (5) | Decision by council |
| (6) | Notice of decision of appeal |
| 15(1) | Appeal to court |
| (2) | Powers of court on appeal |
| 16(1) | Registration of students |
| (2) | Appeal from refusal to register |
| PART 5 | |
| ENFORCEMENT OF STANDARDS | |
| OF PRACTICE | |
| 17 | Definitions |
| COMPLAINTS COMMITTEE | |
| 18 | Complaints committee |
| 19(1) | Complaints |
| (2) | Complaints against former midwives |
| 20 | Referral to complaints committee |
| 21(1) | Investigation |
| (2) | Records and information |
| (3) | Failure to produce records |
| (4) | Investigation of other matters |
| (5) | Report to complaints committee |
| DECISION OF COMPLAINTS COMMITTEE | |
| 22(1) | Decision of complaints committee |
| (2) | Matter not resolved by mediation |
| (3) | Decision served on investigated person and complainant |
| (4) | Hearing not required |
| 23(1) | Conditions on right to practise |
| (2) | Costs |
| CENSURE | |
| 24(1) | Censure: personal appearance |
| (2) | Publication of censure |
| (3) | Order for costs |
| VOLUNTARY SURRENDER OF REGISTRATION | |
| 25(1) | Voluntary surrender of registration |
| (2) | Order for costs |
| 26 | Conditions on re-instatement |
| APPEAL BY COMPLAINANT | |
| 27(1) | Appeal by complainant to council |
| (2) | Power on appeal |
| (3) | Notification of decision |
| CANCELLATION OF REGISTRATION PENDING DECISION | |
| 28(1) | Cancellation pending decision |
| (2) | Notice of cancellation or conditions |
| 29 | Application for stay |
| MISCELLANEOUS | |
| 30 | Referral to inquiry committee |
| 31 | Disclosure of information to authorities |
| INQUIRY COMMITTEE | |
| 32(1) | Inquiry committee |
| (2) | Membership |
| (3) | Exclusion from committee |
| (4) | Effect of member being unable to continue |
| 33 | Procedure |
| HEARING | |
| 34(1) | Hearing by inquiry committee |
| (2) | Date of hearing |
| (3) | Notice of hearing |
| (4) | Public notice of hearing |
| 35(1) | Right to appear and be represented |
| (2) | Examination of documentary evidence |
| (3) | Adjournments |
| (4) | Investigation of other matters |
| 36(1) | Hearings open to public |
| (2) | Exclusion of public |
| (3) | Public information may be disclosed |
| (4) | Exclusion of public during certain motions |
| (5) | Orders with respect to matters in submissions |
| (6) | Reasons for excluding public to be available |
| (7) | Reconsidering of order to exclude public, etc. |
| 37(1) | Evidence |
| (2) | Power to administer oaths and affirmations |
| (3) | Recording of evidence |
| 38 | Witnesses |
| 39(1) | Notice to attend and produce records |
| (2) | Registrar shall provide notices |
| (3) | Witness fees |
| 40 | Failure to attend or give evidence |
| 41 | Hearing in absence of investigated person |
| DECISION OF INQUIRY COMMITTEE | |
| 42 | Findings of committee |
| 43(1) | Orders of inquiry committee |
| (2) | Committee may consider censure |
| (3) | Ancillary orders |
| (4) | Contravention of order |
| 44(1) | Costs and fines |
| (2) | Nature of costs |
| (3) | Failure to pay costs and fines by time ordered |
| (4) | Filing of order |
| 45(1) | Written decision |
| (2) | Decision forwarded to registrar |
| (3) | Service of decision |
| (4) | Copies of transcript |
| 46 | Publication of decision |
| APPEAL TO COURT OF APPEAL | |
| 47(1) | Appeal to Court of Appeal |
| (2) | Commencement of appeal |
| (3) | Appeal on the record |
| 48 | Powers of Court on appeal |
| 49 | Stay pending appeal |
| PART 6 | |
| REGULATIONS, BY-LAWS | |
| AND CODE OF ETHICS | |
| 50(1) | Regulations made by the council |
| (2) | Approval of regulations |
| 51(1) | By-laws |
| (2) | Amendments and repeal of by-laws |
| 52 | Code of ethics |
| PART 7 | |
| GENERAL PROVISIONS | |
| 53(1) | Appointment of practice auditors |
| (2) | Audit of a midwifery practice |
| 54(1) | Entry of premises and inspection of records |
| (2) | Admissibility of copies |
| (3) | Entry with order |
| (4) | Obstruction of practice auditor |
| 55(1) | Service of documents |
| (2) | Deemed receipt |
| 56 | Registrar's certificate |
| 57 | Proof of conviction |
| 58(1) | Offence |
| (1.1) | Offence |
| (2) | Limitation on prosecution |
| (3) | Prosecution of offence |
| (4) | Stay of proceedings |
| 59 | Protection from liability |
| 60 | Injunction |
| 60.1 | Confidentiality of information |
| 60.2(1) | Registrar to collect information |
| (2) | Member to provide information |
| (3) | Minister may require information |
| (4) | Registrar to provide information to minister |
| (5) | Minister may disclose information |
| (6) | Authorized entities |
| PART 8 | |
| TRANSITIONAL, CONSEQUENTIAL AND | |
| COMING INTO FORCE | |
| 61(1) | Transitional council of the college |
| (2) | Powers of transitional council |
| (3) | Registration in transitional period |
| (4) | Powers of minister |
| (5) | Transitional council to comply with minister's request |
| (6) | Lieutenant Governor in Council regulations |
| (7) | Authority |
| 62 | Transition after Act in force |
| 63 to 65 | |
| 66 | C.C.S.M. reference |
| 67(1) | Coming into force |
| (2) | Coming into force: section 61 |