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C.C.S.M. c. O5
The Occupational Therapists Act
| PART 1 | |
| DEFINITIONS | |
| 1 | Definitions |
| PART 2 | |
| PRACTICE OF OCCUPATIONAL THERAPY | |
| 2 | Practice of occupational therapy |
| 3(1) | Representation as an occupational therapist |
| (2) | Use of titles |
| PART 3 | |
| COLLEGE OF OCCUPATIONAL THERAPISTS OF MANITOBA | |
| 4(1) | College established |
| (2) | Duty to serve the public interest |
| (3) | Powers |
| (4) | Membership |
| (5) | Meetings |
| (6) | Notice of meetings |
| (7) | Public meetings |
| 5(1) | Council |
| (2) | Council to manage affairs |
| 6(1) | Composition of council |
| (2) | Public representatives |
| (3) | By-laws for election and appointment of members |
| (4) | Roster of public representatives |
| (5) | Officers |
| (6) | Remuneration |
| (7) | Registrar and staff |
| (8) | Committees |
| PART 4 | |
| REGISTRATION | |
| REGISTERS | |
| 7(1) | Registers |
| (2) | Register of occupational therapists |
| (3) | Access to information |
| APPLICATIONS FOR REGISTRATION | |
| 8 | Board of assessors |
| 9(1) | Registration of occupational therapists |
| (2) | Conditions |
| (3) | Entry in the register |
| (4) | Certificate of registration |
| 9.1(1) | Registration if emergency |
| (2) | Emergency need not be declared |
| (3) | Certificate of registration |
| 10 | Application for registration not approved |
| APPEAL | |
| 11(1) | Appeal to council |
| (2) | Notice |
| (3) | Hearing |
| (4) | Right to appear |
| (5) | Participation by member of board of assessors |
| (6) | Documentation |
| (7) | Counsel to the council |
| (8) | Decision by council |
| (9) | Notice of decision of appeal |
| 12(1) | Appeal to court |
| (2) | Appeal on record |
| (3) | Copy of documentation |
| (4) | Powers of court on appeal |
| ANNUAL CERTIFICATE OF REGISTRATION | |
| 13 | Certificate of registration |
| CANCELLATION OF REGISTRATION | |
| 14(1) | Registration may be cancelled if fraud |
| (2) | Registration may be cancelled if conviction |
| (3) | Appeal |
| PART 5 | |
| CONTINUING COMPETENCE | |
| 15 | Continuing competence program |
| PART 6 | |
| COMPLAINTS | |
| 16 | Definitions |
| INVESTIGATION COMMITTEE | |
| 17(1) | Investigation committee |
| (2) | Public representatives |
| 18(1) | Complaints against members |
| (2) | Complaints against former members |
| 19 | Referral to investigation committee |
| 20(1) | Informal resolution |
| (2) | Investigation |
| (3) | Legal counsel and experts |
| (4) | Records and information |
| (5) | Failure to produce records |
| (6) | Investigation of other matters |
| (7) | Report to investigation committee |
| DECISION OF INVESTIGATION COMMITTEE | |
| 21(1) | Decision of investigation committee |
| (2) | Matter not resolved by mediation |
| (3) | Decision served on member and complainant |
| (4) | Hearing not required |
| (5) | Counsel to the investigation committee |
| 22(1) | Conditions on right to practise |
| (2) | Costs |
| CENSURE | |
| 23(1) | Personal appearance |
| (2) | Publication of censure |
| (3) | Order for costs |
| VOLUNTARY SURRENDER OF REGISTRATION | |
| 24(1) | Voluntary surrender of registration |
| (2) | Order for costs |
| (3) | Publication of voluntary surrender |
| 25 | Conditions on reinstatement |
| APPEAL BY COMPLAINANT | |
| 26(1) | Appeal by complainant to council |
| (2) | Notice |
| (3) | Power on appeal |
| (4) | Notice of decision |
| (5) | Hearing not required |
| SUSPENSION OF REGISTRATION PENDING DECISION | |
| 27(1) | Suspension of registration pending decision |
| (2) | Notice of suspension or conditions |
| 28 | Application for stay |
| MISCELLANEOUS | |
| 29 | Referral to inquiry committee |
| 30 | Disclosure of information to authorities |
| INQUIRY COMMITTEE | |
| 31(1) | Inquiry committee |
| (2) | Public representatives |
| 32(1) | Selection of panel |
| (2) | Composition |
| (3) | Exclusion from panel |
| (4) | Effect of member being unable to continue |
| HEARINGS | |
| 33(1) | Hearing |
| (2) | Date of hearing |
| (3) | Notice of hearing |
| (4) | Public notice of hearing |
| 34(1) | Right to appear and be represented |
| (2) | Adjournments |
| (3) | Recording of evidence |
| 35(1) | Member may examine documentary evidence |
| (2) | Member to provide documentary evidence |
| (3) | Evidence of expert without report |
| (4) | Failure to provide summary |
| 36 | Investigation of other matters |
| 37(1) | Hearings open to public |
| (2) | No reporting of identity |
| (3) | Exclusion of public |
| (4) | Public information may be disclosed |
| (5) | Exclusion of public during certain motions |
| (6) | Orders with respect to matters in submissions |
| (7) | Reasons for excluding the public to be available |
| 38(1) | Oral and affidavit evidence |
| (2) | Oral evidence |
| (3) | Power to administer oaths and affirmations |
| 39(1) | Witnesses |
| (2) | Notice to attend and produce records |
| (3) | Registrar to provide notices |
| (4) | Witness fees |
| (5) | Failure to attend or give evidence |
| 40 | Hearing in absence of member |
| DECISION OF PANEL | |
| 41 | Findings of panel |
| 42(1) | Orders of panel |
| (2) | Panel may consider past censure |
| (3) | Ancillary orders |
| (4) | Costs when conditions imposed |
| (5) | Contravention of order |
| (6) | Suspension or cancellation of registration |
| 43(1) | Costs and fines |
| (2) | Nature of costs |
| (3) | Failure to pay costs and fines by time ordered |
| (4) | Filing of order |
| 44(1) | Written decision |
| (2) | Decision forwarded to registrar |
| (3) | Service of decision |
| (4) | Copies of transcript |
| 45 | Publication of decision |
| APPEAL TO COURT OF APPEAL | |
| 46(1) | Appeal to Court of Appeal |
| (2) | Commencement of appeal |
| (3) | Appeal on the record |
| 47 | Powers of Court on appeal |
| 48 | Stay pending appeal |
| REINSTATEMENT | |
| 49 | Reinstatement |
| PART 7 | |
| REGULATIONS, BY-LAWS AND CODE OF ETHICS | |
| 50(1) | Regulations |
| (2) | Approval of regulations |
| 51(1) | By-laws |
| (2) | Amendments and repeal of by-laws |
| 52 | Code of ethics |
| PART 8 | |
| GENERAL PROVISIONS | |
| PRACTICE AUDITORS | |
| 53(1) | Appointment of practice auditors |
| (2) | Audit of an occupational therapy practice |
| 54(1) | Entry of premises and inspection of records |
| (2) | Admissibility of copies |
| (3) | Entry with order |
| (4) | Obstruction of practice auditor |
| SERVICE OF DOCUMENTS | |
| 55(1) | Service of documents |
| (2) | Deemed receipt |
| (3) | Proof of service |
| REGISTRAR'S CERTIFICATE | |
| 56 | Registrar's certificate |
| PROOF OF CONVICTION | |
| 57 | Proof of conviction |
| OFFENCES | |
| 58(1) | Offence |
| (2) | Offence |
| (3) | Fraudulent representation on application for registration |
| (4) | Offence by employer |
| (5) | Limitation on prosecution |
| (6) | Prosecution of offence |
| (7) | Stay of proceedings |
| 59 | Single act of unauthorized practice |
| PROTECTION FROM LIABILITY | |
| 60 | Protection from liability |
| 61 | Limitation period for members |
| CONFIDENTIALITY OF INFORMATION | |
| 62 | Confidentiality of information |
| 62.1(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 |
| INJUNCTION | |
| 63 | Injunction |
| DUTY OF MEMBERS TO REPORT | |
| 64(1) | Duty of members to report |
| (2) | Exemption from liability for disclosure |
| EMPLOYER'S RESPONSIBILITY | |
| 65(1) | Employer's responsibility to ensure registration |
| (2) | Annual review |
| (3) | Responsibility to report misconduct |
| (4) | Referral to investigation committee |
| ANNUAL REPORT | |
| 66(1) | Annual report |
| (2) | Contents of report |
| PART 9 | |
| TRANSITIONAL, REPEAL AND COMING INTO FORCE | |
| 67(1) | "Former Act" defined |
| (2) | Registration continued |
| (3) | Application for registration continued |
| (4) | Council continued |
| (5) | Complaints under former Act: inquiry commenced |
| (6) | Complaints under former Act: no inquiry commenced |
| 68 | Repeal |
| 69 | C.C.S.M. reference |
| 70 | Coming into force |