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 |