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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 | |