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C.C.S.M. c. R115
The Registered Respiratory Therapists Act
| PART I | |
| INTERPRETATION | |
| 1(1) | Definitions |
| (2) | Further definition of respiratory therapy |
| (3) | Certain services not exclusive to respiratory therapy |
| 2 | Incorporation continued |
| PART II | |
| BOARD OF DIRECTORS | |
| 3(1) | Board of directors |
| (2) | By-laws for the election and appointment of members of the board |
| (3) | Existing members to continue until replaced |
| (4) | Quorum |
| 4(1) | By-laws |
| (2) | Members of the association |
| (3) | Non members of The Canadian Society of Respiratory Therapists |
| (4) | Submission of by-law to members |
| (5) | By-law not effective until confirmed |
| (6) | Period of effectiveness of certain by-laws |
| (7) | Effect of rejected by-law |
| (8) | Effect of acts done under rejected by-law |
| (9) | Member may propose by-laws |
| (10) | Proposals for by-laws to be sent to board |
| (11) | Distribution of proposal |
| 5(1) | Regulations |
| (2) | Prior submission of regulation to members |
| (3) | |
| 6(1) | Right to administer respiratory therapy |
| (2) | Certain practices not prohibited |
| 7 | Limitation of right to practise |
| 8 | Contagious or infectious disease |
| 9 | Executive director and registrar appointed |
| PART III | |
| MEMBERSHIP | |
| 10(1) | Register |
| (2) | Rosters |
| (3) | Entry of names in register |
| (4) | Appeal upon refusal of registration |
| (5) | |
| 10.1(1) | Registration if emergency |
| (2) | Emergency need not be declared |
| (3) | Certificate of membership |
| 11(1) | Unauthorized practice |
| (2) | Recovery of fees prohibited |
| 12 | Inspection of register |
| 13(1) | Effect of registration |
| (2) | Associate members not entitled to practise |
| 14 | Practise by holders of conditional certificates |
| 15 | Prima facie evidence |
| 16 | Associate members |
| 17 | Persons temporarily in Manitoba |
| 18 | Conditional registration |
| 19(1) | Removal of names from register |
| (2) | Notification to member |
| (3) | Restoration of names to register |
| (4) | Restoring names to register on terms |
| 20 | Employers responsibility |
| 21(1) | Offence by member |
| (2) | Offence by employer |
| 22 | Membership certificate |
| 23 | Fraudulent misrepresentation |
| PART IV | |
| COMPLAINTS COMMITTEE | |
| 24(1) | Establishment of complaints committee |
| (2) | Chairman |
| (3) | Term of office |
| (4) | Filling of vacancy |
| 25 | Informal resolution of complaint |
| 26 | Reference to investigation chairman |
| 27 | Rules and terms of office |
| PART V | |
| INVESTIGATION CHAIRMAN | |
| 28 | Appointment of investigation chairman |
| 29 | Reference to investigation chairman |
| 30 | Preliminary investigation |
| 31 | Production of books, documents, etc. |
| 32 | Ex parte court order for production of documents |
| 33 | Investigation of further matters |
| 34 | Action by person conducting preliminary investigation |
| 35 | Appeal to discipline committee |
| 36 | Suspension of member |
| PART VI | |
| DISCIPLINE COMMITTEE | |
| 37(1) | Composition of discipline committee |
| (2) | Association's representation at inquiries |
| (3) | Member of discipline committee not to investigate matter |
| 38 | Complainant's appeal |
| 39(1) | Fixing the date of inquiry |
| (2) | Service of notice |
| (3) | Effective date of service |
| (4) | Proof of service |
| (5) | Hearings to be held in Winnipeg |
| (6) | Hearings to be private |
| (7) | Hearing in absentia |
| (8) | Right to counsel |
| (9) | Adjournment |
| (10) | Evidence under oath |
| (11) | Administration of oath |
| (12) | Service of subpoenas |
| (13) | Witness allowance |
| (14) | Certified copies of convictions as evidence thereof |
| (15) | Evidence by affidavit or viva voce |
| (16) | Evidence to be recorded |
| (17) | Preservation of evidence |
| (18) | Rules of procedure |
| 40(1) | Suspension of members |
| (2) | Notice of suspension |
| (3) | Method of giving notice of suspension |
| (4) | Proof of service of notice of suspension |
| 41(1) | Disciplinary action against member |
| (2) | Decision to be in the form of an order |
| (3) | Costs |
| PART VII | |
| APPEALS | |
| 42(1) | Appeal to board of directors |
| (2) | Grounds of appeal |
| (3) | Record of proceedings |
| (4) | Action by executive director on appeal |
| 43(1) | Suspension pending appeal |
| (2) | Application to court to remove suspension |
| (3) | Service of notice of motion on discipline committee |
| (4) | Time for hearing of application |
| (5) | Court may remove suspension |
| 44(1) | Proceedings before board |
| (2) | Certain persons precluded from hearing appeal |
| (3) | Association's representation at appeals |
| (4) | Action by board on appeal |
| (5) | Disposition of appeal by board |
| (6) | Costs on appeal |
| 45(1) | Appeal to Court of Queen's Bench |
| (2) | Order of judge |
| (3) | Documents to be filed by appellant |
| (4) | Absence of recorded evidence |
| (5) | Failure to file transcript of evidence |
| PART VIII | |
| MISCELLANEOUS | |
| 46 | Exemption from civil liability |
| 47 | Publication of suspensions and revocations |
| 48 | Retention of counsel by board |
| 49(1) | Reporting by menbers |
| (2) | Non-application to confidential information |
| (3) | Exemption from liability for disclosure |
| PART IX | |
| ADVISORY COUNCIL | |
| 50(1) | Advisory council |
| (2) | Composition of council |
| (3) | Chairman |
| (4) | Failure to nominate or appoint persons to council |
| (5) | Term of office of council members |
| (6) | Filling of vacancies |
| (7) | Limitation of terms on council |
| (8) | Vice-chairman elected |
| (9) | Quorum |
| (10) | Meetings |
| 51(1) | Functions of council |
| (2) | Further functions of the council |
| 52(1) | Operation of respiratory therapy education programs subject to approval of the minister |
| (2) | Minister may withdraw consent for certain programs |
| (3) | Prior programs deemed to be continued |
| 53 | Annual report by council |
| PART X | |
| GENERAL | |
| 54(1) | Offence |
| (2) | Any person may be a prosecutor of offence |
| (3) | Limitation on prosecution |
| (4) | Stay of proceedings |
| (5) | Single act of unauthorized practice |
| 55 | Conflict with The Corporations Act |
| 56(1) | Confidentiality of information |
| (2) | Offence |
| 57(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 |