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C.C.S.M. c. C100
The Chiropractic Act
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HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"association" means The Manitoba Chiropractors Association; (« Association »)
"board", except where it refers to the board of a corporation, means the Board of The Manitoba Chiropractors Association; (« conseil d'administration »)
"court" means the Court of Queen's Bench for Manitoba; (« tribunal »)
"lay person" means an individual other than a member of the association; (« profane »)
"licence" means a certificate issued by the registrar to a member, or to a person under subsection 8.1(3), indicating that the member or person is entitled to practise as a chiropractor in the province during the period stipulated in the certificate; (« permis »)
"licence fee" means the fee prescribed by the board for the issuance of a licence; (« droit de permis »)
"member" unless the context otherwise indicates, means an individual whose name is entered in the register as a member; (« membre »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)
"non-chiropractic corporation" means a corporation that is not controlled by
(a) one or more chiropractors or their spouses, common-law partners or children, within the meaning of the Income Tax Act (Canada),
(b) one or more other corporations controlled by one or more persons referred to in clause (a), or
(c) a combination of persons referred to in clauses (a) and (b); (« société qui n'exerce pas la chiropractie »)
"permit" means a permit issued by the registrar to a corporation authorizing it to carry on the practice of chiropractic during the period specified in the permit; (« licence »)
"practice of chiropractic" means
(a) any professional service usually performed by a chiropractor, including the examination and treatment, principally by hand and without use of drugs or surgery, of the spinal column, pelvis and extremities and associated soft tissues; and
(b) such other services as may be approved by the regulations; (« exercer la chiropractie »)
"professional corporation" means a corporation holding a valid permit; (« société professionnelle »)
"register" means the register of members established under this Act; (« registre »)
"registered" means registered as a member under this Act; (« inscrit »)
"registrar" means the registrar of the association appointed under this Act; (« registraire »)
"registration" means registration as a member under this Act. (« inscription »)
"voting share", in a relation to a corporation, means a share of its capital stock that entitles the holder to vote in any election of the corporation's directors; (« action avec droit de vote »)
"voting shareholder", in relation to a corporation, means a person who owns a voting share of the corporation or is a voting shareholder of another corporation that owns a voting share of the corporation. (« actionnaire avec droit de vote »)
For the purpose of the definition "non-chiropractic corporation" in subsection (1), a corporation is controlled by another person if
(a) the corporation's voting shares carrying more than 50% of the votes for the election of directors are held — otherwise than by way of security only — by or for the benefit of the other person; and
(b) those shares carry sufficient votes to elect a majority of the corporation's board of directors.
Nothing in this Act prohibits
(a) the practice of any profession or occupation by any person practising it under the authority of a general or special Act of the Legislature; or
(b) any person furnishing first aid or temporary assistance in a case of urgent need if that aid is given without hire, gain or hope of reward; or
(c) any person treating human ailments by prayer or spiritual means as an enjoyment or exercise of religious freedom.
Where a provision of this Act is inconsistent with or repugnant to any provision of The Corporations Act, the provision of this Act prevails.
The Manitoba Chiropractors Association is continued as a body corporate consisting of those persons who are members of the association on the coming into force of this Act and of those persons who may be admitted as members of the association.
Subject to the provisions of this Act and The Corporations Act, the association has the capacity, powers, rights and privileges of a natural person and, without restricting the generality of the foregoing, may
(a) subscribe, apply, or guarantee payment of, money for the advancement of chiropractic education or research, or for objects considered by the board beneficial to, or in the interests of the public or the chiropractic profession; or
(b) establish and award scholarships and prizes; or
(c) purchase, acquire, take, hold, possess and enjoy any land, tenements, or hereditaments and personal property, and sell, mortgage, lease or dispose of them; or
(d) collect and accept moneys in trust to be used to further the purposes and objects of the association; or
(e) invest any money belonging to it, or held by it in trust, in stocks, bonds or debentures eligible for investment by insurance companies under the Insurance Companies Act (Canada); or
(f) establish and maintain chiropractic libraries.
The affairs of the association shall be conducted by a board and the board members shall be selected in accordance with the provisions of Part IV.
The board shall cause to be kept by the registrar, or other officer appointed for the purpose, a register in which shall be entered the name of each member and such other information as is required by this Act, the by-laws or the regulations.
Every registered individual whose name has not been erased or removed from the register, is a member of the association.
Every individual who qualifies for registration in accordance with a regulation made pursuant to section 26 may, upon payment of the prescribed fee and producing to the registrar satisfactory evidence of their qualifications, be registered as a member.
Despite anything in this Act or the regulations, the board may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise chiropractic in another jurisdiction in Canada or the United States to practise chiropractic in the province during an emergency, if the minister gives the board 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 chiropractor from outside the province are required to assist in dealing with the emergency.
The board 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 board may authorize the registrar to issue a licence to a person allowed to practise under subsection (1), on such terms and conditions as the board may determine.
Where the registrar is satisfied that a person who applies for registration does not possess the required qualifications, he shall refuse to register that person.
A certificate signed by the registrar or a board member certifying that anything is or is not recorded in the register is admissible in evidence as prima facie proof of the matters therein certified without proof of the signature or appointment of the registrar or board member.
The register shall be open to inspection by any person at the office of the registrar at all reasonable times during regular business hours free of charge; but any inspection may be refused if there is reasonable cause to believe that the person seeking inspection does so for commercial purposes.
Licensed members are entitled to engage in the practice of chiropractic in Manitoba and, subject to any restrictions imposed by or under this Act, may hold themselves out as licensed chiropractors.
A licensed member may, in connection with their practice, use x-ray for diagnostic purposes only if they are authorized by the board to do so.
Subject to subsection (2), any person who has been convicted of an indictable offence under the Criminal Code by any court of competent jurisdiction may be refused registration under this Act, and the board may erase from the register the name of any member of the association who has been so convicted.
The registration of a person shall not be refused, and the name of a person shall not be erased, on account of a conviction for an offence that, in the opinion of the board, either from the nature of the offence or from the circumstances under which it was committed, should not disqualify a person from being or becoming a member of the association.
Any entry in the register proved to the satisfaction of the board to have been erroneously or incorrectly made may be amended or erased from the register by an order in writing of the board.
Where any person procures his registration, or causes it to be procured, by means of any false or fraudulent representation or declaration, either orally or in writing, the registrar, upon the receipt of sufficient evidence of the falsity or fraudulent character of the representation or declaration, shall report the matter to the board and, upon a resolution of the board, the registrar shall erase the name of that person from the register and shall thereupon in writing notify the person whose name has been so erased.
Where a person is notified by the registrar that his name has been erased from the register under subsection (1), that person shall forthwith cease to be a member.
No person shall engage in the practice of chiropractic in the province except as follows:
(a) in the case of a member, as authorized by the member's licence;
(b) in the case of a person issued a licence under section 8.1, as authorized by that licence;
(c) in the case of a professional corporation, as authorized by the corporation's permit;
(d) in the case of a non-chiropractic corporation, through one or more licensed members who are providing chiropractic services as authorized by their licences.
Any person entitled to be registered under this Act, who neglects or fails to register, is not entitled to any of the rights or privileges conferred by registration under this Act for so long as the neglect or failure continues; and he is liable to all the penalties imposed by this Act or by any other Act of the Legislature for the practice of chiropractic by unregistered persons.
Every member may be issued with a licence to practise on payment of such licence fee and otherwise complying with such licensing requirements as may be prescribed by the board from time to time.
Unless sooner cancelled or invalidated, every licence issued under subsection (1) is valid only for the period indicated therein, but may be renewed upon paying the prescribed fee and providing the registrar with satisfactory evidence that the applicant otherwise meets all licensing requirements.
Where a person is in default in the payment of his licence fee or has failed to meet any other requirements established by this Act or the regulations at the commencement of any fiscal year of the association, the registrar shall by registered or certified mail addressed to the last known address of the person, notify the person of his default, and if after 10 days from the date of notification, the default continues, the licence of that person lapses and his right to practise chiropractic ceases; and the registrar shall by registered or certified mail addressed as aforesaid, so notify the person.
The board may by resolution reinstate a member whose licence has lapsed under this section upon such terms, conditions and penalties, if any, as it may prescribe.
Where the board, pursuant to the provisions of this Act, has limited the right of a member to practise or hold himself out as a licensed chiropractor by imposition of conditions, the name of the person shall be entered in the register together with particulars of all conditions imposed on that person.
The board shall cause the name of a member to be removed from the register
(a) at the request or with the written consent of the member whose name is to be removed; or
(b) where the name has been incorrectly entered; or
(c) where notification is received of a member's death; or
(d) where a member has been suspended; or
(e) where the registration of a member has been revoked.
Subject to subsection (1) the board on such grounds as it deems sufficient may cause the name of a person removed from the register to be restored thereto either without fee or upon payment to the association of
(a) such sum not exceeding the fees or other sums in arrears or owing by the person to the association; and
(b) such additional sum as may be prescribed by the regulations of the association.
Where the name of a person who has been suspended or whose registration has been revoked is to be restored to the register under subsection (2), the board may direct that the name be restored subject to such terms and conditions as the board may prescribe.
A member of the association holding a current licence is entitled to practise chiropractic in the province and to demand and recover in any court of law in the province with full costs of suit, reasonable charges for professional aid, advice or services rendered.
A professional corporation established by one or more members may carry on the practice of chiropractic
(a) under the corporation's name; or
(b) as a member of a general partnership of professional corporations, or of professional corporations and licensed members, under a name approved by the registrar in accordance with the by-laws.
A professional corporation may practise only through licensed members.
Subject to subsection (5), the registrar must issue a permit, or a renewal of a permit, to a corporation that wishes to carry on the practice of chiropractic if the registrar is satisfied that
(a) the corporation is incorporated, formed by amalgamation or continued under The Corporations Act, and is in good standing under that Act;
(b) the name of the corporation includes terms used to describe the practice of chiropractic, followed by the word "corporation", and is approved by the registrar in accordance with the by-laws;
(c) each voting share of the corporation is both legally and beneficially owned by
(i) a licensed member, or
(ii) another professional corporation;
(d) each other share in the capital stock of the corporation is both legally and beneficially owned by a person who is
(i) a voting shareholder of the corporation,
(ii) a spouse, common-law partner or child, within the meaning of the Income Tax Act (Canada), of a voting shareholder of the corporation, or
(iii) a corporation, each share of the capital stock of which is legally and beneficially owned by a person referred to in subclause (i) or (ii);
(e) each director of the corporation is a licensed member of the association;
(f) the president of the corporation is a licensed member of the association;
(g) each person through whom the corporation will be carrying on the practice of chiropractic is a licensed member of the association;
(h) the corporation has filed an application, in the form prescribed by by-law, and paid the fee prescribed by by-law for the permit or its renewal; and
(i) all other requirements prescribed by by-law for the issuance or renewal of the permit have been satisfied.
A permit may be issued or renewed subject to any conditions that the registrar considers advisable.
Unless it is cancelled, surrendered or suspended, a permit issued or renewed under subsection (1) is valid for the time period specified in the permit.
If an application for renewal is received by the registrar by the date set out in the by-laws, the permit continues in force until a decision on the application has been made.
(a) must refuse to issue a permit to, or renew the permit of, a corporation if the registrar is not satisfied by proper evidence that the corporation meets the requirements of subsection (1); and
(b) may refuse to issue a permit to, or renew the permit of, a corporation if
(i) a permit previously issued to the corporation has been cancelled or surrendered, or
(ii) a director, officer or shareholder of the corporation is or has been a director, officer or shareholder of a professional corporation whose permit has been cancelled or surrendered.
If the registrar refuses to issue or renew a permit under subsection (5), or issues or renews a permit subject to conditions, the registrar must notify the corporation in writing of the decision and the reasons for it, and of the corporation's right to appeal the decision.
A corporation that is refused a permit or renewal of a permit under subsection (5), or whose permit is issued or renewed subject to conditions, may appeal the registrar's decision to the board.
The appeal must be made by filing a written notice of appeal with the board within 30 days after the corporation receives notice of the decision. The notice of the appeal must specify the reasons for the appeal.
The board must either dismiss the appeal or make any decision the registrar could have made. The board must give the corporation written notice of its decision and the reasons for it.
A corporation whose name includes the words "chiropractic corporation" or any other phrase prescribed by by-law must not carry on any business in Manitoba unless it is a professional corporation.
A professional corporation must not carry on any business or activity other than the practice of chiropractic and the provision of other services directly associated with that practice.
Subsections (1) and (2) must not be construed so as to prohibit a professional corporation from investing its funds in real property, other than for development purposes, or in stocks, mutual funds, debt obligations, insurance, term deposits or similar investments.
No act of a professional corporation, including a transfer of property to or by the corporation, is invalid merely because it contravenes subsection (1) or (2).
DUTIES AND RESPONSIBILITIES
If there is a conflict or potential conflict between a licensed member's duty to a person receiving a chiropractic service from the member, the association or the public and the member's duty, as an employee, director or officer, to a corporation, the duty to the person receiving the chiropractic service, the association or the public prevails.
A licensed member must comply with this Act and the regulations, by-laws, standards of practice and code of ethics for the chiropractic profession, despite any relationship they may have with a corporation.
A corporation must not contravene any provision of this Act, the regulations or the by-laws of the association.
The fiduciary and ethical obligations of a member, and the obligations of a member respecting confidentiality, to a person receiving a chiropractic service from the member
(a) are not diminished by the fact that the member is practising through a corporation; and
(b) apply equally to a corporation on whose behalf the service is provided, and to its directors and officers and, in respect of a professional corporation, its shareholders.
The liability of a member to a person receiving a chiropractic service is not affected by the fact that the service is provided on behalf of a corporation.
A person is jointly and severally liable with a professional corporation for all professional liability claims made against the corporation in respect of acts, errors or omissions that were made or occurred while the person was a voting shareholder of the corporation.
If the conduct of a member through whom a corporation is or was practising chiropractic at the time the conduct occurs or occurred is the subject of a complaint, investigation or inquiry,
(a) any power of entry, inspection, investigation or inquiry that may be exercised in respect of the member, any premises or place where the member practises or has practised chiropractic or any book, record, document or equipment relating to the member's practice may be exercised in respect of the corporation and its premises or place, equipment, books, records and documents; and
(b) the corporation is jointly and severally liable with the member for all fines and costs the member is ordered to pay.
Any condition imposed on the registration or licence of a member practising chiropractic on behalf of a corporation applies to the corporation in relation to its practice through that member.
SUSPENSION OR CANCELLATION
Subject to subsection (2), the board may suspend or cancel a professional corporation's permit if
(a) the corporation ceases to meet any of the requirements of eligibility for a permit set out or referred to in subsection 21.2(1);
(b) the corporation contravenes any provision of this Act or the regulations or by-laws of the association or any condition on the corporation's permit; or
(c) a member, in the course of providing a chiropractic service on behalf of the corporation, does or fails to do anything as a result of which the member's registration or licence is suspended or cancelled.
A professional corporation's permit must not be cancelled or suspended by reason only of the fact that
(a) one or more shares of the corporation have vested in
(i) an executor or administrator of the estate of an individual as a consequence of the death of the individual, or
(ii) a trustee in bankruptcy on the bankruptcy of the owner of the shares,
unless the corporation is not carrying on the practice of chiropractic through any other licensed member or the shares continue to be vested in the executor, administrator or trustee for more than 180 days, or for any longer period allowed by the registrar;
(b) the former spouse or common-law partner of a voting shareholder continues to own a share of the corporation after the end of their marriage or common-law relationship;
(c) the registration or licence of a member has been suspended, unless
(i) the member remains a director or officer of the corporation for more than 14 days after the commencement of the suspension, or
(ii) the corporation is not providing chiropractic services through any other licensed member; or
(d) the registration or licence of a member has been surrendered or cancelled, unless
(i) the member remains a director or officer of the corporation for more than 14 days after the surrender or cancellation,
(ii) the member remains a voting shareholder of the corporation for more than 90 days after the surrender or cancellation, or for any longer period allowed by the board, or
(iii) the corporation is not providing chiropractic services through any other licensed member.
When a corporation's permit is cancelled, it must promptly surrender the permit to the registrar.
Instead of suspending or cancelling the corporation's permit under section 21.6, the board may take any other action it considers appropriate, including one or more of the following:
(a) reprimanding the corporation or one or more directors or voting shareholders of the corporation;
(b) imposing conditions on the permit;
(c) imposing a fine on the corporation, payable to the association, in an amount not exceeding $25,000.
The board must
(a) give notice to the professional corporation in writing with the reasons for the board's decision to suspend or cancel its permit or take any action under section 21.7; and
(b) advise the professional corporation of the right to appeal the decision to the court.
A professional corporation must notify the registrar, within the time period and in the form and manner determined under the by-laws, of any change in the voting shareholders, the other shareholders, the directors or the officers of the corporation.
An agreement or proxy that vests the authority to exercise any voting right attached to a share of a professional corporation in a person who is not a member is void.
A unanimous shareholders' agreement within the meaning of subsection 140(2) of The Corporations Act in respect of a professional corporation is void unless each shareholder of the corporation is a member or a professional corporation.
No corporation shall hold itself out as a professional corporation unless it holds a valid permit.
No person shall hold themselves out as a shareholder, officer, director, agent or employee of a professional corporation unless the corporation holds a valid permit.
No person shall make a representation or declaration for the purpose of having a permit issued or renewed if they know it to be false.
No person shall knowingly assist a person in making a false representation or declaration for the purpose mentioned in subsection (1).
RECORD OF CORPORATIONS
The board must establish a record of all professional corporations holding permits issued under this Part.
The registrar must maintain the record of professional corporations in accordance with this Act and the by-laws.
The record of professional corporations must contain the following information for each corporation to which a permit has been issued:
(a) the name of the corporation;
(b) the name of each member who is a shareholder or director of the corporation;
(c) the name of each licensed member through whom the corporation will be carrying on the practice of chiropractic;
(d) the conditions, if any, imposed on the permit;
(e) the date the permit was issued;
(f) whether the permit has been cancelled or suspended and, if so, when;
(g) any other information required by by-law to be kept in the record.
The registrar must make the record of professional corporations available for inspection by any person at the office of the registrar at all reasonable times during regular business hours free of charge; but any inspection may be refused if there is reasonable cause to believe that the person seeking inspection does so for commercial purposes.
Any power that the association may exercise in respect of a member may be exercised in respect of a professional corporation.
No member or corporation shall engage in advertising in relation to the practice of chiropractic that is untruthful, inaccurate or otherwise capable of misleading or misinforming the public.
THE BOARD OF THE ASSOCIATION
The board of the association shall be composed of
(a) five persons elected from among the members of the association in accordance with the by-laws of the association governing elections; and
(b) two lay persons, one of whom shall be appointed by the Lieutenant Governor in Council, and one of whom shall be appointed by the elected members of the board.
The board members and officers of the association shall be deemed on the coming into force of this Act to be the board members and officers of the association and shall continue in office until their successors are elected or appointed as the case may be, in accordance with the provisions of this Act.
Four members of the board constitute a quorum for the transaction of business.
An election of board members whose terms are due to expire or have expired shall be held annually and a board member may be re-elected notwithstanding that his term of office may have expired.
The term of office of each board member who is a lay person shall be two years but the member may be re-appointed upon the expiration of his term.
Where a vacancy occurs on the board in one of the elected positions, the board shall appoint a board member from among the members of the association to fill the vacancy until the next annual election when a new board member shall be elected to fill the unexpired portion of the term of his predecessor and, in the case of a vacancy in the position of a lay member appointed by the Lieutenant Governor in Council, the board shall request the minister to have a lay person appointed to fill the vacancy for the unexpired portion of the term and in the case of a lay person appointed by the board, the board shall appoint another lay person to fill that unexpired term.
An elected board member who ceases to be a member of the association ceases to be a board member.
The board shall elect annually from among the elected board members, a president and a vice-president of the association, and from among the members, a registrar, and such other officers as the board may from time to time think fit who, with the exception of the president and vice-president, shall hold office during the pleasure of the board, and may employ such employees of the association at such remuneration as the board may from time to time determine.
The board shall govern, determine, control and administer the affairs of the association and may exercise in the name of, and on behalf of, the association, and as the act and deed of the association, any or all of the powers, authorities and privileges by this Act or any other Act conferred on the association.
The board may make by-laws not inconsistent with this Act for the exercise and carrying out of the powers, rights and duties conferred or imposed upon the board or the association by this Act or any other Act of the Legislature, and without limiting the generality of the foregoing, may make by-laws respecting
(a) the management of the association, including maintaining the register and such other records as are deemed necessary, providing for the execution of documents of the association, for banking and finance and other fiscal matters;
(b) the conduct of affairs of the association, board and committees, including the duties of members thereof and the calling, holding and conduct of meetings, elections, whether in person or by mail-in ballot, and proceedings of the association, board and committees;
(c) the remuneration of the officers and members of the board and committees other than persons appointed by the minister;
(d) the appointment, composition, powers and duties of such additional or special committees as may be required;
(e) a code of ethics for the practise of chiropractic;
(f) the classification of and the annual fees to be paid by members, professional corporations and applicants for registration or the renewal of registration or for the issuance or renewal of a licence or permit and other fees deemed by the board to be appropriate from time to time;
(g) any matter regarding the issuance, suspension, expiry or revocation of a licence or permit, including respecting conditions that
(i) must be met before a licence or permit may be issued or renewed, or
(ii) may be imposed on a licence or permit;
(h) membership of the association in a national association with similar functions, the payment of an annual assessment and provision for representatives at meetings;
(i) respecting the record of professional corporations required by section 21.13;
(j) governing the names of professional corporations.
Any by-law or resolution signed by all members of the board is as valid and effective as if passed at a meeting of the board duly called, constituted and held for that purpose.
Subject to approval by the Lieutenant Governor in Council, the board may make regulations to
(a) regulate the admission, registration, renewal of registration, suspension, expulsion and re-instatement of members and prescribe the conditions precedent to membership and entry of names in the register;
(b) develop, establish and maintain standards for the practice of chiropractic;
(c) develop, establish and maintain standards for chiropractic education consistent with the changing needs of society, both in respect of initial registration and renewal of licence to practise chiropractic;
(d) define by education, experience or otherwise, general or specialized areas of chiropractic practice, including the use of x-ray;
(e) prescribe standards of voluntary continuing education for all members;
(f) define professional misconduct, conduct unbecoming a member and professional incompetence, unfitness or incapacity;
(g) authorize services that may, or prohibit services that may not, be performed by chiropractors.
The board shall appoint annually from among the members of the association such committees as may be required under this Act or as may be necessary or desirable and shall prescribe their duties.
Notwithstanding any want of form in any proceeding or matter, no action lies against
(a) the board or any committee of the association or the board; or
(b) any board member, any committee member or officer; or
(c) the registrar or any assistant registrar;
for anything done by the board, a committee or any member or officer of the board or a committee, or the registrar or any assistant registrar bona fide, which results in loss or injury to any person unless the loss or injury resulted from the negligence of
(d) the board or a committee; or
(e) any board member, or committee member or officer; or
(f) the registrar or any assistant registrar;
as the case may be.
The board shall appoint a standards committee which shall be responsible for the supervision of the practice of chiropractic by members of the association and the committee or any member or authorized agent thereof may, during reasonable hours and after reasonable notice, inspect the premises, books, records and other documents of and any equipment of any member that relate to his practice of chiropractic at his place of practice or elsewhere.
The standards committee, or one or more of its designated members, may with the authorization of the board retain the services of experts for the purpose of any review under subsection (1).
Upon the advice of the standards committee, the board may, after a hearing duly constituted for the purpose and conducted in the manner set out in the by-laws of the association, require that a member of the association serve a period of refresher training.
The standards committee in accordance with the information it receives may
(a) direct that a matter be referred, in whole or in part, to the investigation chairman; or
(b) direct that a matter be referred, in whole or in part, to the inquiry committee; or
(c) take such action as it considers appropriate in the circumstances.
Every member who has reason to suspect that another member is suffering from a mental or physical disorder or illness to such an extent that his fitness to practise may be affected thereby and who continues to practise when counselled not to practise, shall disclose to the registrar the name of the other member, together with particulars of the suspected disorder or illness.
No person disclosing information under subsection (1) is subject to any liability therefor.
The board shall appoint a licensing committee from the members of the association who are not members of the board and one of the members shall be named to be the chairman of the committee.
The licensing committee shall examine the qualifications of those persons applying for membership in the association and may require an applicant to take and pass such additional examinations as the board may approve and, if such person meets all of the qualifications as set out by the regulations shall approve such persons for registration upon payment of the prescribed fees or if such person does not meet all such qualifications, direct the registrar to refuse to issue a licence or to issue a licence subject to such terms, conditions and limitations as the committee specifies.
Where a person is refused a licence under subsection (2), that person may within 30 days from the date of the refusal appeal to the board; and the board after considering the appeal may
(a) allow the appeal and direct the registrar to issue the licence; or
(b) dismiss the appeal; or
(c) direct the registrar to issue the licence subject to such terms, conditions and limitations as the board may order.
The board shall appoint a complaints committee consisting of a chairman who is an elected member of the board, 1 member of the association who is not a member of the board or of the inquiry committee, and a lay person who shall be appointed by the board.
The complaints committee shall receive and review complaints brought against any member and where the committee considers it appropriate, it shall attempt to informally resolve the matter.
Where a complainant or the member does not accept the resolution of the complaints committee, or where the committee so determines, the matter shall be referred to the investigation chairman.
The board shall appoint from among the board members an investigation chairman.
Where the complaints committee or the registrar is advised that a member
(a) either before or after he has become a member has been convicted of an indictable offence; or
(b) is alleged to be guilty of professional misconduct, conduct unbecoming a member, professional incompetence or criminal conduct whether in a professional capacity or otherwise; or
(c) is alleged to have demonstrated incompetence, incapacity or unfitness to practise chiropractic or to be suffering from an ailment which might if he continues to practise, constitute a danger to the public;
the committee or the registrar shall refer the matter to the investigation chairman for his review and recommendation.
Upon a referral pursuant to section 35, the investigation chairman shall conduct or cause to be conducted a preliminary investigation under his direction and upon the completion thereof he shall review the results.
The investigation chairman, with the authorization of the board, may retain the services of experts for the purpose of his review of any matter.
Notwithstanding the provisions of any other Act, where, pursuant to section 36, a preliminary investigation is conducted, the investigation chairman may, upon determining that reasonable and probable grounds exist to believe that a violation of this Act or the regulations has occurred, require the member concerned and any other member to produce such records, books, papers, and other documents or things in the member's possession or control that are relevant to the investigation and may require the attendance at the investigation of the member concerned and any other member.
The investigation chairman for and in the name of the association may summarily apply ex parte to a judge of the court for an order directing the member concerned or any other member or person to produce to the person conducting a preliminary investigation, any records, books, papers and other documents or things in his possession or under his control, where the member or other person has failed to produce them when required, or where the judge is of the opinion that the issue of such an order is just and appropriate in the circumstances.
Any person making a preliminary investigation into a matter concerning the conduct or capability or fitness of a member to practise chiropractic, may investigate any other matter relevant to the conduct or capability or fitness of the member to practise chiropractic that arises in the course of the investigation.
Upon completing his review the investigation chairman shall report the findings of his review, in writing, together with his recommendations, to the board which shall thereupon
(a) direct that no further action be taken; or
(b) direct that the matter be dealt with by an inquiry pursuant to section 43;
and upon making a direction the board shall notify the complainant and the member who was the subject of the investigation, in writing, sent by registered or certified mail or served personally, of the direction made.
Notwithstanding any other provision of this Act, the investigation chairman may, at any time, where he has reasonable and probable grounds to believe that it is necessary to prevent a violation of this Act or the regulations or that the member's right to continue in the practice of chiropractic is contrary to the public interest, direct the registrar to suspend the licence of a member pending or following the completion of the preliminary investigation, which suspension shall expire after seven days unless prior to the expiration of that period, the suspension has been confirmed by the board pursuant to subsection 45(1).
The board may appoint one or more inquiry committees each consisting of
(a) one lay person; and
(b) four members of the association, at least two of whom shall have at least five years experience as licensed chiropractors, chosen by a process of random selection as set out in the by-laws of the association;
of whom three shall constitute a quorum.
The board shall appoint from among the members of the inquiry committee a chairman and a vice-chairman.
A person who is a member of the inquiry committee shall not participate in or carry out an investigation of any matter that will be referred to the inquiry committee for consideration.
Where the investigation chairman directs that an inquiry be held into the conduct of a member, or where the inquiry committee decides to hold an inquiry into the conduct of a member, the inquiry committee shall, within 30 days from the date of direction or decision, fix a date, time and place for the holding of the inquiry which shall commence no later than 60 days from the date of the direction or decision.
Upon fixing the date, time and place of the holding of an inquiry under subsection (1), the inquiry committee shall serve written notice thereof either personally upon the member who is the subject of the inquiry or send a copy of the notice either by registered or certified mail, postage prepaid, to the member and to the complainant at least 20 days prior to the date so fixed at the post office address of the member as shown in the register of the association and at the address of the complainant as shown on the records of the association.
A notice sent by mail in accordance with subsection (2) shall be deemed to have been served on the date on which it was mailed.
Proof of service of the notice may be by affidavit or statutory declaration.
Where the person whose conduct is the subject of inquiry does not attend, the inquiry committee upon proof of service of the notice in accordance with this section, may proceed with the inquiry in his absence, and, without further notice to him, take such action as it is authorized to take under this Act.
The testimony of witnesses at the inquiry shall be taken under oath, and there shall be a full right to examine and cross-examine all witnesses and to call evidence in defence and reply.
Any oath required to be administered pursuant to subsection (6) may be administered by any member of the committee holding the inquiry.
The inquiry committee holding the inquiry, or any party to the inquiry, may on praecipe obtain from the court and serve subpoenas for the attendance of witnesses and production of books, documents, records, files, correspondence and things at the inquiry.
Except for the purposes of a prosecution under this Act, or in any court proceedings, or for the purpose of the administration and enforcement of this Act and the regulations, no person acting in an official or other capacity under this Act or the regulations shall
(a) knowingly communicate or allow to be communicated any information obtained by him in the course of administering this Act or the regulations; or
(b) knowingly allow any other person to inspect or to have access to any book, document, record, file, correspondence or other record obtained by him in the course of administering this Act or the regulations.
Witnesses are entitled to the same allowances as witnesses attending upon a trial of an action in the court.
Evidence may be adduced before the committee holding the inquiry either by affidavit or viva voce or both, as the committee may determine; but the name of a member shall not be removed from the register on affidavit evidence alone.
All inquiries of the inquiry committee shall be held in The City of Winnipeg, unless otherwise directed by the board.
All inquiries of the inquiry committee shall be held in camera unless the member whose conduct is the subject of the inquiry requests a public inquiry and the committee is satisfied that none of the parties to the inquiry would be prejudiced by a public inquiry, but where the committee determines that there may be prejudice to a party it shall give written reasons therefor.
An inquiry may be adjourned from time to time in the discretion of the inquiry committee.
All evidence adduced at an inquiry shall be recorded and available for transcription for the period during which an appeal may be instituted under this Act.
For the purpose of the inquiry, a certified copy from the convicting court of the conviction of a person of any crime or offence, under the Criminal Code, or under any other Act is conclusive evidence that the person has committed the crime or offence stated therein, unless it is shown that the conviction was quashed or set aside.
Notwithstanding any other provision of this Act, where an inquiry into the conduct of a member is to be conducted by the inquiry committee, the board may suspend the licence of that member pending the disposition of the inquiry upon determining that there exist reasonable and probable grounds to believe that it is necessary to prevent a violation of this Act or the regulations or that the member's right to continue in the practice of chiropractic is contrary to the public interest and thereupon the member is suspended from practice until the suspension is lifted, superseded, or annulled by the board.
The registrar shall cause a notice of the suspension to be served upon the member as soon as practicable after the suspension.
A notice served under this section may be sent to the member by registered or certified mail, postage prepaid, addressed to the member at his address appearing in the records of the association, and shall be deemed to have been served on the date on which it was mailed.
Proof of service of the notice shall be made by affidavit or statutory declaration.
Where the licence of a member of the association is suspended that member shall not practise chiropractic for as long as the suspension continues.
Where a member is found by the inquiry committee to have been guilty of professional misconduct, conduct unbecoming a member, professional incompetence or to have demonstrated incapacity or unfitness to practise chiropractic, or to be suffering from an ailment that might if the member continues to practise chiropractic constitute a danger to the public, the board may by resolution
(a) revoke the licence of the member and cause the name of that member to be erased from the register;
(b) suspend the licence of the member for a period not exceeding two years;
(c) reprimand the member;
(d) permit the member to practise upon such terms and conditions as it may deem appropriate;
(e) impose a fine payable to the association,
or any combination thereof; and the decision shall be embodied in a formal order of the board and shall be served upon the member affected and the complainant, if any, by registered or certified mail, postage prepaid, or by personal service and a copy shall be filed with the registrar.
A member who is found guilty of professional misconduct, conduct unbecoming a member, professional incompetence or to be incapable of practising, or unfit to practise, may be ordered by the board to pay all, or any part of the costs and expenses incurred by the board and any committees thereof in the investigation into, proceedings upon, and hearing of any subject matter of inquiry, or any complaint or charge in respect of which he has been found guilty.
A copy of any order of the board made under subsection (1) or (2), certified by the registrar under the seal of the association, may be filed in the court and shall thereupon become a judgment of the court.
The board may pay by way of compensation out of the funds of the association such moneys as the board may determine to any member against whom any complaint has been made, which when fully determined is found to have been frivolous or vexatious or to have been made without proper cause.
The inquiry committee holding an inquiry may, for the purpose of the execution of its duties under this Act, employ, with the approval of the board and at the expense of the association, such legal and other personnel as the committee may consider necessary or proper.
The person whose conduct is the subject of inquiry has the right at his expense to be represented by counsel and to adduce evidence, examine and cross-examine witnesses at the inquiry.
The board, upon such grounds and upon such terms, if any, as to it seem proper, may direct the registrar to restore to the register any name or entry erased therefrom, either without fee or upon payment of such fee as the board may determine; and the registrar shall restore the name accordingly; but no name or entry shall be restored to the register except by order of the board or of the court.
Any person who considers himself aggrieved by an order or decision of the board relating to
(a) a refusal or alteration of registration;
(b) the issuance, renewal, suspension or revocation of a licence or permit;
(c) a direction pursuant to clause 40(a);
(d) a requirement pursuant to subsection 29(3);
(e) an inquiry; or
(f) restoration of membership;
(g) [repealed] S.M. 2018, c. 34, s. 48;
may appeal from the order or decision to a judge of the court at any time within two months from the date of the order or decision.
The judge may, upon hearing of the appeal, make such order or decision relating thereto and as to costs, as the court considers just.
An appeal shall be made by originating notice of motion returnable before a judge of the court and shall be founded upon the record of proceedings and reports relating thereto and the order or decision of the board in the matter, certified by the registrar.
The registrar shall, upon the request of a person desiring to appeal, furnish to that person at the expense of the person, a certified copy of all proceedings, reports, orders and papers upon which the board acted in making the order or decision in respect of which the appeal is taken.
If a transcript of evidence at the hearing is obtainable and the appellant has not filed two copies thereof with the court within 30 days of the date of the filing of the notice of appeal, the appeal shall be deemed to be abandoned unless the court has extended the time for filing of the transcript.
A certificate issued by any chiropractor on or after the coming into force of this Act is not valid unless the chiropractor signing it is a registered member of the association.
No professional corporation or member of the association is liable in any action for negligence or malpractice by reason of chiropractic services requested or rendered, unless the action is commenced within two years from the date when, in the matter complained of, those chiropractic services terminated.
No member of the association shall carry on the practice of chiropractic under a name other than their own in whole or in part unless the member is providing chiropractic services on behalf of a corporation or has first obtained the written consent of the board, which consent shall not be unreasonably withheld provided that the name proposed is consistent with the decorum of the profession.
No person shall use the designation "chiropractor" or "doctor of chiropractic" or any words indicative of such designation or in any manner seek to convey the impression that he is practising as a chiropractor under this Act unless he is registered under this Act.
No member or professional corporation on whose behalf a member provides a chiropractic service may use or display the title "Doctor" or the abbreviation "Dr." in connection with the member's name unless the word "Chiropractic" or "Chiropractor" is also used or displayed immediately before or after the member's name.
Nothing in this Act or the regulations authorizes any person to prescribe or administer drugs for internal or external use or to use, direct or prescribe the use of anaesthetic for any purpose whatsoever.
Subject to section 53.2, every person employed, appointed or retained for the purpose of administering this Act, and every member of the board or a committee of the board, 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;
(d) to a body that governs the practice of chiropractic in a jurisdiction other than Manitoba; or
(e) as may be required for the administration of The Health Services Insurance Act.
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.
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.
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 administer programs respecting payment for professional services under The Health Services Insurance Act;
(c) to generate information — in non-identifying form — for statistical purposes.
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.
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).
OFFENCES AND PENALTIES
Any person who wilfully procures, or attempts to procure, a registration, licence or permit under this Act by making any false or fraudulent representation or declaration, either orally or in writing, is guilty of an offence and is liable, on summary conviction, to a fine of not less than $200. and not more than $1,000.
Any person who practises, professes to practise or in any way alleges or implies an ability or willingness to practise chiropractic in the province without a valid licence or permit, is guilty of an offence and is liable, on summary conviction, to a fine of not less than $200. and not more than $2,000.
Subsection (1) does not apply to a non-chiropractic corporation in respect of its practice of chiropractic through one or more licensed members who are providing chiropractic services as authorized by their licence.
If a corporation commits an offence under this Act, a director, officer or employee of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on conviction, whether or not the corporation has been prosecuted or convicted, to a fine of not less than $200 and not more than the maximum fine that may be imposed on the corporation for its offence.
Any person who wilfully or falsely pretends to be a chiropractor or chiropractic practitioner, or assumes any chiropractic title, addition or description other than he actually possesses or is legally entitled to, is guilty of an offence and is liable, on summary conviction, to a fine of not less than $100. and not more than $1000.
Any person whose name is entered in the register as holding a conditional licence and who fails to comply with the conditions imposed upon him as recorded in the register, is guilty of an offence and is liable, on summary conviction, to a fine of not less than $200. and not more than $1,000.
Any employee or member of the association holding office in the association who makes or causes to be made, any wilful falsification in any matter relating to the register, is guilty of an offence and is liable, on summary conviction, to a fine of not less than $200. and not more than $1,000. and is disqualified from again holding that office of the association.
In any prosecution under this Act, it is sufficient proof of an offence under this Act if it is proved that the accused has done or committed a single act of unlicensed practice, or has committed on one occasion any of the acts prohibited by this Act.
Any person may be prosecutor or complainant under this Act, and the province shall pay to the prosecutor such portion of the fines recovered as may be expedient towards the payment of the costs of the prosecution.
No prosecution under this Act shall be commenced after the expiration of two years from the date of the alleged offence.
When the association is the prosecutor of an offence under this Act, it may, upon an order signed by the registrar and under the seal of the association apply for a stay of proceedings in any such prosecution, in which case the court seized with the matter shall grant the stay.
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