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C.C.S.M. c. P190
The Psychologists Registration Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"association" means The Psychological Association of Manitoba; (« Association »)
"council" means the council of the association constituted under this Act; (« Conseil »)
"member" means a person who is registered under this Act; (« membre »)
"mental disorder" means mental illness, psychoneurosis, psychopathic disorder, addiction, or any disability of mind caused by disease, senility or otherwise. (« trouble psychique »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
S.M. 1993, c. 29, s. 198; S.M. 2001, c. 38, s. 5; S.M. 2005, c. 39, s. 62.
The Psychological Association of Manitoba is hereby continued as a body corporate.
The association has the powers, rights and privileges conferred upon and vested in corporations by section 21 of The Interpretation Act, and in addition may
(a) purchase, acquire, accept, hold, possess, and enjoy any lands, tenements, or hereditaments, and personal property and sell, mortgage, lease or dispose of them;
(b) invest any money belonging to it, or held by it in trust,
(i) in bonds, stocks, debentures, or securities issued, or guaranteed by section 15 of the Government of Canada or by the government of any province or by the Government of the United Kingdom or any other part of the Commonwealth, or by the authority charged with the government of any foreign state; or
(ii) in the bonds or debentures of any municipality or school district in Canada;
(c) lend any money belonging to it, or held by it in trust, upon the security of any bonds, stocks, debentures, or securities mentioned in clause (b) or upon the security of any real property in Canada.
All those persons who are full or associate members of the association on the day this Act comes into force continue as members of the association and all those persons who thereafter become registered under this Act are members of the association.
The Council of Psychologists, consisting of seven members who shall hold office until their successors are elected or appointed under the rules, is continued as the governing body of the association.
A member must be registered as a psychologist in order to be eligible to be elected or appointed to council.
The members of the council shall appoint a chairman from among their number, who shall hold office for such term as may be provided by the by-laws, rules, or regulations.
Four members of the council constitute a quorum.
The term of office of each member of council is two years.
The association shall maintain the following registers:
(a) a register of psychologists;
(b) a register of psychological associates;
(c) any other registers that are provided for in the regulations.
Subject to the approval of the Lieutenant Governor in Council, the council may make by-laws, rules, and regulations, not contrary to law or inconsistent with this Act, for any and all purposes relating to the affairs, business, and property of the association, its management, government, aims, objects and interests, and without limiting the generality of the foregoing,
(a) repealed, S.M. 2001, c. 38, s. 5;
(b) respecting registration, including establishing the qualifications, clinical competencies, experience and other requirements to be met by applicants for registration and renewal of registration under this Act;
(b.1) respecting the establishment, content and maintenance of registers;
(b.2) establishing classes of members and governing the rights, privileges and obligations of each class;
(b.3) restricting or limiting the psychological services that may be provided by members of any class of membership;
(c) prescribing the fees payable by members and by applicants for registration and renewal of registration or the manner of determining such fees;
(d) prescribing the discipline and control of members of the association, including the prohibition or control of advertising by or on behalf of any member;
(e) respecting the investigation of any complaint or unprofessional conduct or incompetency on the part of any member;
(f) respecting the cancellation and suspension of the registration of any member found by the council to be guilty of such unprofessional conduct or incompetency as to render it desirable in the public interest that his registration should be cancelled or suspended;
(g) respecting the reinstatement of any member whose registration has been cancelled or suspended;
(h) fixing the minimum and maximum fees or charges that a member may make or receive for services rendered by him;
(i) respecting the calling of meetings of the council and of the association, the procedure to be followed and the right to vote thereat;
(j) respecting the election or appointment of the members of the council and the creation of offices and the duties to be performed by persons holding those offices;
(k) respecting the application of funds of the association, and;
(l) respecting such other matters generally as are for the better carrying out of this Act.
By-laws, rules and regulations made by the council come into force upon being published in The Manitoba Gazette.
Subject to the approval of the Lieutenant Governor in Council, the council may at any time amend or repeal any by-law, rule, or regulation made by it; and any such amendment or repeal as the case may be has effect only upon being published in The Manitoba Gazette.
Where the council refuses, or does not grant, an application for registration of any person, or suspends or cancels the registration of a person, it shall in writing notify the person affected by the refusal, suspension or cancellation.
The notice to which reference is made in subsection (4) shall be served personally or by registered mail addressed to the last known address of the person affected thereby.
Any person whose application for registration has been refused or not granted, or any member whose registration has been cancelled or suspended, may, at any time within one month from the date of the refusal, cancellation, or suspension appeal therefrom to a judge of the Court of Queen's Bench.
Notice of the appeal shall be served on the secretary of the council, or upon any member thereof, within seven days from the date of the filing of the notice.
Regulations governing examinations
The council may make regulations governing the examination of, and the fees payable by, candidates.
In this section, "foreign jurisdiction" means a country other than Canada, or a jurisdiction within a country other than Canada.
Qualifications of psychologist
The council shall approve an application for registration as a psychologist if the applicant
(a) has received from an educational institution approved by the council a doctoral degree based upon a program of studies the content of which was primarily psychological;
(b) has passed any examination the council may require; and
(c) meets any other requirements set out in the regulations.
Psychologist authorized to practise elsewhere
An applicant who is authorized to practise as a psychologist in another Canadian province or a foreign jurisdiction may be admitted for registration as a psychologist if he or she meets the requirements provided in clauses (2)(a) and (c).
Qualifications of psychological associate
The council shall approve an application for registration as a psychological associate if the applicant
(a) has received from an educational institution approved by the council a graduate degree based upon a program of studies the content of which was primarily psychological;
(b) has passed any examination the council may require; and
(c) meets any other requirements set out in the regulations.
Psychological associate authorized to practise elsewhere
An applicant who is authorized to practise as a psychological associate in another Canadian province or a foreign jurisdiction may be admitted for registration as a psychological associate if he or she meets the requirements provided in clauses (4)(a) and (c).
In issuing or renewing a registration, the council may place conditions or restrictions on the member's registration and require the member to practise only in accordance with those conditions and restrictions.
Cancellation if conditions not complied with
The council may cancel the registration of a member who fails to practise in accordance with the conditions or restrictions on his or her registration.
Despite anything in this Act or the regulations, the council may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise psychology in another jurisdiction in Canada or the United States to practise psychology in the province during an emergency, if the minister gives the council 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 psychologist from outside the province are required to assist in dealing with the emergency.
Emergency need not be declared
The council 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 council 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.
Notwithstanding anything in this Act, the council may create a class or classes of non-registered members and make by-laws, rules, and regulations pertaining thereto.
Any person not registered under this Act who assumes the title of psychologist, or in any manner represents that he is a psychologist, or uses a title, or description of services, containing the word "psychological", "psychologist" or "psychology" or any derivative thereof or in any way holds himself out to the public as such for hire, gain, or hope of reward, or by false or fraudulent declaration attempts to procure registration under this Act, is guilty of an offence.
Nothing in subsection (1) shall be construed as limiting the activities or services of, or the use of the title of psychologist by, a person employed as a psychologist by the Government of Canada, the Government of Manitoba, a university in Manitoba, or the board of a school district or division or a hospital within the meaning of The Hospitals Act or other like bodies or agencies thereof while acting in the course of his employment.
Use of title "psychological associate"
No person except a psychological associate shall use the title "psychological associate", a variation or abbreviation of that title, or an equivalent in another language.
Restriction re title of psychologist does not apply
Nothing in subsection 11(1) shall be construed as limiting a psychological associate from using a title permitted in subsection (1).
No person who is registered under this Act shall treat any person for any type of mental disorder except in association with a duly qualified medical practitioner.
Every person who is guilty of an offence against this Act for which no other penalty is provided is liable, on summary conviction,
(a) for the first offence, to a fine not exceeding $100. and in default of payment to imprisonment for a term not exceeding three months;
(b) for the second or subsequent offence, to a fine not exceeding $250. and in default of payment to imprisonment for a term not exceeding six months; and
(c) for a third or any subsequent offence, to imprisonment for a term not exceeding three months.
All fines recoverable under this Act shall be paid to the Minister of Finance.
Other Acts not to prohibit practising
Nothing in any other Act prohibits a registered psychologist or psychological associate from practising as a psychologist for hire, gain, or hope of reward.
Confidentiality of information
Subject to section 17, 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; or
(d) to a body that governs the practice of psychology in a jurisdiction other than Manitoba.
A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.
S.M. 1998, c. 32, s. 14; S.M. 2005, c. 39, s. 64.
Registrar to collect information
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.
Minister may require information
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 generate information — in non-identifying form — for statistical purposes.
Registrar to provide information to minister
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.
Minister may disclose information
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).