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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| (3) | Repealed | |
| 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| (5) | Repealed | |
| 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 | |