|This is an unofficial archived version of The Medical Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. M90
The Medical Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"approved" in relation to any hospital, means approved for the time being by the council; ("approuvé")
"associate member" is a member practising medicine within the education register; ("membre associé")
"college" means The College of Physicians and Surgeons of Manitoba; ("Collège")
"council" means the council of the college; ("conseil")
"councillor" means a person serving on the council; ("conseiller")
"court" means the Court of Queen's Bench for Manitoba; ("tribunal")
"duly qualified medical practitioner" or licensed medical practitioner or any other words or expressions importing recognition of any person as a medical practitioner or member of the medical profession means a person registered on The Manitoba Medical Register, and holding a current licence from the college authorizing the person to practise medicine; ("médecin qualifié" ou "médecin")
"educational register" means the register on which associate members who are students in clinical training who have not qualified are registered; ("registre des étudiants")
"faculty" means the Faculty of Medicine of the University of Manitoba; ("faculté")
"lay person" means a person other than a person registered under this Act; ("profane")
"licence" means a certificate issued by the registrar to a person registered under section 5 indicating that the person is entitled to practise in the province of Manitoba during the period covered by that licence; (" licence")
"licence fee" means the fee prescribed by council for the issuance of a licence; ("droit de licence")
"member" when used in this Act has the meaning set forth in sections 6 and 23; ("membre")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of health matters; ("ministre")
"practice of medicine" means, subject to section 2, the carrying on for hire, gain, or hope of gain or reward, either directly or indirectly, of the healing art or any of its branches; ("exercice de la médecine")
"province" means the Province of Manitoba; ("province")
"register" means The Manitoba Medical Register; ("registre")
"registered" means registered under this Act; ("inscrit")
"registrar" means the registrar of the college appointed under section 34; ("registraire")
"registration" means registration under this Act; ("inscription")
"university" means The University of Manitoba. ("université")
Without restricting the generality of the definition of practice of medicine, a person shall be deemed to be practising medicine within the meaning of this Act who
(a) by advertisement, sign, or statement of any kind, written or oral, alleges or implies or states that he is, or holds himself out as being, qualified, able, or willing, to diagnose, prescribe for, prevent, or treat, any human disease, ailment, deformity, defect, or injury, or to perform any operation or surgery to remedy any human disease, ailment, deformity, defect, or injury, or to examine or advise upon the physical or mental condition of any person; or
(b) diagnoses, or offers to diagnose, or attempts by any means whatsoever to diagnose, any human disease, ailment, deformity, defect, or injury, or who examines or advises upon, or offers to examine or advise upon, the physical or mental condition of any person; or
(c) prescribes or administers any drugs, serum, medicine, or any substance or remedy, whether for the cure, treatment, or prevention, of any human disease, ailment, deformity, defect, or injury; or
(d) prescribes or administers any treatment, or performs any operation or manipulation, or applies any apparatus or appliance, for the cure, treatment, or prevention, of any human disease, ailment, deformity, defect, or injury, or acts as a midwife; or
(e) acts as the assistant or associate of any person who practises medicine as herein set out.
The definition of practice of medicine does not include or apply to the practice of dentistry or pharmacy, or to the vendors of dental or surgical instruments, apparatus, or appliances, or
(a) to a chiropodist acting within the scope of The Chiropodists Act;
(b) to a chiropractor acting within the scope of The Chiropractic Act;
(c) to a naturopath acting within the scope of The Naturopathic Act;
(d) to a nurse acting within the scope of The Registered Nurses Act, The Registered Psychiatric Nurses Act or The Licensed Practical Nurses Act;
(e) to an ophthalmic dispenser acting within the scope of The Ophthalmic Dispensers Act;
(f) to an optometrist acting within the scope of The Optometry Act;
(g) to a physiotherapist acting within the scope of The Physiotherapists Act;
(h) to a person registered under The Psychologists Registration Act acting within the scope of that Act.
The provisions of this Act do not prevent
(a) any person from giving necessary medical or surgical aid in case of urgent need if that aid is given without hire, gain, or hope of reward; or
(b) the domestic administration of family remedies.
Nothing in this Act applies to, or affects, those who practise the religious tenets of their church without professing a knowledge of medicine or surgery.
The registrar shall keep a register to be known as the Manitoba Medical Register, and shall enter therein the name of every person registered according to this Act or the Acts to which reference is made in subsection 6(1) and, from time to time, the names of all persons who have complied with the provisions hereinafter contained, and with the regulations and by-laws made by the council respecting the qualifications required for the practise of medicine in the province.
Every person registered in the Manitoba Medical Register in accordance with this Act, or any former Act of the Legislature relating to the medical profession, and whose name has not been erased or removed from the register, is a member of the college.
The college may confer an honorary membership in the college upon any person in accordance with such by-laws as the council may from time to time determine but an honorary membership shall not entitle the person to practise medicine.
Where a member has not resided in or has been absent from the province for a period of more than two years without obtaining the approval of council, the council shall revoke the member's licence and the registrar shall strike the member's name from the register and, if he wishes to register thereafter, he must do so in accordance with the provisions of this Act.
Every person who possesses one or more of the qualifications, and who has completed a postgraduate clinical training program as prescribed by a regulation made pursuant to clause 19(a) may, upon payment of the prescribed fee, be registered and have particulars of his qualifications entered on the register on producing to the registrar satisfactory evidence of his qualifications.
Every member of the college who after registration, obtains a further degree or qualification approved by the council is, on the payment of such fees as may be prescribed by the council, entitled, subject to the approval of the council, to have particulars of the further degree or additional qualification inserted in the register, in substitution for, or in addition to particulars of the degree or qualification previously registered.
Particulars of any qualification shall not be entered in the register, either on the first registration or by way of addition unless the registrar is satisfied by proper evidence that the person claiming to have the qualification does in fact possess the qualification.
Where the registrar is satisfied that a person claiming to possess a qualification under subsection (1) does not possess that qualification he shall refuse to enter the qualification in the register and shall inform the applicant in writing giving the reasons therefor.
The decision of the registrar under subsection (2) is subject to an appeal to the council which may confirm or vary the decision of the registrar.
A certificate signed by the registrar or assistant registrar under the seal of the college 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 assistant registrar or of the seal of the college.
The register shall be open and may be inspected by any person at any time during reasonable business hours.
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 council may erase from the register the name of any member or associate member of the college 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, 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 or associate member of the college.
Any entry in a register proved to the satisfaction of the council to have been erroneously or incorrectly made may be amended or erased from the register by an order in writing of the council, or of the executive committee.
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 council, and, upon a resolution of council the registrar, under the seal of the college, 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 or associate member, as the case may be.
No person shall practise medicine in the province unless he holds a current licence to practise, and then only to such extent as is defined in or authorized by the licence.
No person other than a duly qualified medical practitioner or licensed medical practitioner shall act as a medical officer to any branch of the public service of the province, or in any hospital or other institution in the province.
Any person entitled to be registered under this Act, but who neglects or fails to register, is not entitled to any of the rights or privileges conferred by registration under this Act for as 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 practise of medicine by unregistered medical practitioners.
Every applicant for registration shall pay such fees as may be prescribed by council under clause 36(2)(b).
Every member or associate member may be issued with a licence to practise on the payment of the licence fee as may be prescribed by council.
Unless sooner cancelled or invalidated, every licence issued under subsection (2) is valid only for the period indicated thereon, but may be renewed upon payment of the prescribed fee, and compliance with any of the other requirements of licensure.
Where a person is in default in the payment of his licence fee for a period of at least two months, 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 30 days from the date of the notification the default continues, the licence of that person lapses and his right to practise ceases; and the registrar shall by registered mail addressed as aforesaid, notify the person.
The council may waive the payment of registration or licence fees by any member, associate member, or anyone qualified to be a member, and the penalties for non-payment thereof, and may declare the person whose fees and penalties have been waived to be entitled to all the rights and privileges as a member or associate member, including the right to vote at elections of the council or at any other time at which members or associate members may vote.
The council may limit the area or areas of practice of a person registered under this Act while that person is engaged in a postgraduate study or training program and that person has requested a reduced licence fee while so engaged.
Council may reinstate a member whose licence has lapsed pursuant to subsection (4), subject to such terms, conditions and penalties as it may prescribe.
Without limiting the generality of any of the provisions in this Act, council may, subject to approval by the Lieutenant Governor in Council, make regulations with respect to any one or more of the following matters:
(a) the determination of the professional qualifications and experience, including the postgraduate clinical training program required of an applicant for registration as a member of the college, and the proof that may be required as to the professional conduct and general fitness of an applicant to practise medicine;
(b) the definition, redefinition, review and revision of general or specific areas of medical practice for the purpose of establishing the eligibility for registration and amendment of registration of members;
(c) the prescribing of standards of continuing medical education to be required of all persons registered under this Act as a condition of continued licence;
(d) to provide that the exception under subsection 2(2) applies to an occupation involving the treatment of certain ailments or injuries;
(e) the conditions under which, in special circumstances and for specific incidences, registration under this Act may not be required.
A member of the college holding a current licence is entitled, according to his qualifications, to practise medicine in the province and to demand and recover in any court of law in the province, reasonable charges for professional aid, advice or services rendered.
The registrar shall keep a register to be known as the educational register.
Every person is eligible for registration in the educational register while he is engaged in a pre-registration training program approved by council and who
(a) is certified by the faculty as a medical student qualified to act as an undergraduate clinical student; or
(b) is a graduate of a recognized medical school and has passed the screening process approved by council.
Every person registered in the educational register and whose name has not been erased or removed from the register, is an associate member of the college.
Council may, subject to approval by the Lieutenant Governor in Council, make regulations with respect to the medical responsibilities and duties of associate members that are not inconsistent with this Act or any other Act defining the privileges or responsibilities of duly qualified medical practitioners.
Associate members shall be represented on council in accordance with clause 31(l)(d).
In addition to the Manitoba Medical Register, and the educational register the registrar shall keep a specialist register in which shall be entered the name of any member of the college who has complied with the conditions for specialist registration.
Any member of the college in good standing who is a certificated specialist of The Royal College of Physicians and Surgeons of Canada is entitled upon application, provision of evidence and payment of the prescribed fee, to have his name entered on the specialist register.
In special circumstances, council may direct the registrar to enter in the specialist register any applicant whose name appears in the Manitoba Medical Register, and who is not a certificated specialist of The Royal College of Physicians and Surgeons of Canada, subject to payment of the prescribed fee.
A member who is not enrolled on the specialist register shall not hold himself out to be a specialist.
The College of Physicians and Surgeons of Manitoba is continued as a body corporate.
CORPORATE POWERS OF THE COLLEGE
The college has the powers, rights, and privileges conferred upon and vested in corporations by section 15 of The Interpretation Act and in addition it may do any one or more of the following things for the purposes of the college:
(a) Establish and support, or aid in the establishment and support of, funds, trust, and conveniences, calculated to benefit members, employees, or ex-employees of the college, or the dependants or relatives of such persons, and grant pensions and allowances, and make payments toward insurance or pensions for such persons.
(b) Subscribe, apply, or guarantee payment of, money for the advancement of medical education or research, or for objects considered by the council beneficial to, or in the interests of the public and the medical profession.
(c) Establish and award scholarships and prizes.
(d) Print, publish, sell, or distribute reports of members of the college and such other information or material as the council may determine.
(e) Purchase, acquire, take, hold, possess, and enjoy any land, tenements, or hereditaments, and personal property, and sell, mortgage, lease or dispose of same.
(f) Collect and accept moneys in trust to be used to further the purposes and objects of the college.
(g) 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 Canadian and British Insurance Companies Act (Canada).
(h) Establish and maintain medical libraries.
In the event of conflict between the provisions of this Act and provisions of The Corporations Act, the provisions of this Act prevail.
The affairs of the college shall be conducted by a council and the councillors shall be selected in accordance with the provisions of Part VI.
THE COUNCIL OF THE COLLEGE
The council of the college shall be composed of
(a) two duly qualified medical practitioners selected by the faculty, from members of the faculty;
(b) not less than 16 duly qualified medical practitioners who shall be elected in the manner hereinafter set forth;
(c) four lay members, two of whom shall be appointed by the Lieutenant Governor in Council and two by the council;
(d) one associate member, elected from the persons on the educational register, to serve for one year; and
(e) the president and past president whether or not they have been re-elected or re-appointed as provided in this subsection.
The council shall divide the province into an appropriate number of electoral districts for the election of the councillors under clause (l)(b), and may at any time make new electoral districts or alter, add to, or reduce, the area comprising an existing electoral district and the boundaries thereof.
The council shall fix the number of councillors to be elected from each electoral district established under subsection (2) and may from time to time change the number of councillors if electoral districts are created, altered, added to, or reduced, but no fewer than six councillors shall be elected from the electoral district that includes The City of Winnipeg.
The council may establish by-laws regarding the nomination of candidates for election to council, the manner of voting for members of council, and the conduct and regulation of elections of councillors.
The term of office of each councillor who is a member of the college shall be four years from the date of election or appointment, except that the councillor elected by associate members shall be elected for one year and the term of office of lay councillors shall be four years unless sooner terminated by the Lieutenant Governor in Council, or council, as the case may be.
Where a vacancy occurs on the council
(a) if the vacancy involves a councillor from the faculty selected under clause (l)(a), the council may appoint a councillor from the members of . the faculty, upon recommendation of the faculty to fill the vacancy for the unexpired portion of the term of his predecessor ;
(b) if the vacancy involves a councillor elected under clause (1)(b)
(i) in the electoral district that includes The City of Winnipeg, a by-election shall be held for the unexpired term at the time of the next regular biennial election date, but if that date is greater than six months from the date of the vacancy, the council may appoint a member of the college in good standing who is resident in that electoral district to be a councillor in place of the member previously occupying the place so vacated; and the member so appointed shall hold office until a member has been elected in a by-election to fill the vacancy,
(ii) in any other electoral district, a byelection shall be held to fill that vacancy and the member so elected shall hold office during the unexpired portion of the term of his predecessor;
(c) if the vacancy involves a councillor representing associate members elected under clause (l)(d), the council may appoint an associate member from the educational register as a councillor as selected by associate members for the unexpired term.
When a vacancy occurs on council involving a lay councillor, the remaining councillors shall
(a) if the former councillor was appointed by the Lieutenant Governor in Council, notify the minister of the vacancy, and the Lieutenant Governor in Council may appoint a person to fill the vacancy thereby created: or
(b) if the former councillor was appointed by council, appoint another lay councillor to fill the unexpired term.
A councillor selected or appointed under clause (l)(a), (b), (d) or (e), who ceases to be a member of the college ceases to be a councillor.
Subject to subsection (4), only duly qualified medical practitioners may vote for the election of councillors under clause 31(l)(b) and each voter may vote for as many candidates for membership on the council as there are vacancies to be filled in the electoral district in which the voter practises.
Only persons on the educational register may vote for the member to be elected from that register under clause 31(1)(d).
Any member of the college in good standing who is a citizen of Canada is, if nominated, eligible for election as a councillor to represent the electoral district in which he practises.
For the purposes of section 31 and this section, a member shall be deemed to practise at the practice address as shown on the register or at his place of residence as shown on the register if he is not in practice.
In the case of any doubt or dispute as to whether or not the election of any councillor was in conformity with this Act and the by-laws of the college, the council may, upon receipt of a complaint in writing as to the propriety of the election, hold an inquiry and decide who is the duly elected member, and the person whom they decide to have been elected shall be deemed to be the councillor duly elected; and if the election is found to have been improperly held, the council may order a new election to be held in the electoral district in question.
The council shall annually appoint from amongst councillors a president and a president-elect, and from the duly qualified medical practitioners a registrar and a treasurer, and such other officers as may from time to time be necessary for carrying out the purposes and objects of the college; and these other officers shall hold office during pleasure of the council.
COMMITTEES OF COUNCIL
The council shall appoint annually from amongst councillors an executive committee and such other committees as may be required under other sections of this Act, or as may be necessary and desirable, from the members of the college or from the council or otherwise.
The executive committee shall, subject to section 36, be responsible for the general administration of the affairs of the college and shall take cognizance of, and action upon all matters delegated to it by council or that may require action between meetings of council.
The council shall govern, determine, control, and administer the affairs of the college, and without limiting the generality of the foregoing, may
(a) exercise disciplinary jurisdiction over members of the college;
(b) conduct or authorize any person or committee to conduct an investigation or inquiry to determine whether any member is in breach of this Act or regulations or by-laws made thereunder;
(c) conduct or authorize any person or committee to conduct an investigation or inquiry concerning the conduct or fitness of any member to practise medicine;
(d) prescribe and determine the consequences to any member of the college for the non-observance of any of the by-laws of the college, and determine in which cases such non-observance amounts to professional misconduct or conduct unbecoming a member;
(e) enter into or make or cause to be entered into or made any contract or agreement which the college may lawfully enter into or make;
(f) revoke the licence of any member for nonpayment of any fees due under this Act or the by-laws of the college, and prescribe or impose terms for the reinstatement of his licence;
(g) authorize any committee of the council to exercise and carry out any of the powers, authorities, rights, privileges and duties conferred or imposed upon the council by this Act;
(h) enter into such agreements and make such arrangements as it sees fit to promote and maintain the standards of health care;
(i) establish and maintain professional standards of medical practice.
Council may make by-laws for the exercise and carrying out of the powers, rights and duties conferred or imposed upon council or the college by this Act or any other Act of the Legislature and without limiting the generality thereof may make rules respecting
(a) the management of the college, including the keeping of the registers, the appointment of persons to committees whether members of council or otherwise, the election and appointment of officers and the calling, holding and conduct of meetings of council and of committees;
(b) the fees to be paid by members and others to the college including fees to be paid by applicants upon registration, and fees for different classes of registration;
(c) the regulation of the relationship between the college and the Medical Council of Canada, or any other organization, group or association and the appointment or election of representatives of the college thereto which, in the case of the Medical Council of Canada, shall be in accordance with the Canada Medical Act;
(d) representation from other organizations, groups or associations on committees of the council and the regulation thereof;
(e) the remuneration to be paid members of council or any committee thereof for attending meetings of council or committee;
(f) the amount of salary or honorarium to be paid to officers of the college;
(g) standards of practice and of ethics by members;
(h) the conduct of the affairs of the college, council and committees, including the duties to be performed by members and officers thereof.
Notwithstanding any want of form in any proceeding or matter, no action lies against
(a) the council or any committee thereof; or
(b) any member of the council or any committee thereof; or
(c) the registrar or assistant registrar;
for anything done by the council, committee or any member of the council or committee, or the registrar or 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 council or committee thereof; or
(e) any member of the council or committee thereof; or
(f) the registrar or assistant registrar.
The council shall establish a standards committee which shall be responsible for the supervision of the practice of medicine by members of the college, and the committee or any member designated by the committee may
(a) during reasonable hours inspect the books, records and other documents of any member that relate to his practice of medicine, at his place of practice or elsewhere; and
(b) review the professional competence of any member either on direction from council or on its own initiative.
The standards committee, or one or more of its designated members, may with the authorization of the college retain the services of experts for the purposes of any review under clause (l)(b).
Upon the advice of the standards committee, council may recommend that a member of the college serve a period of refresher training.
Every member or associate member who has reason to believe that a medical practitioner 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 practitioner together with particulars of the suspected disorder or illness.
No person disclosing information under subsection (1) is subject to any liability therefor except where it is proved that the disclosure was made maliciously.
The council may appoint a committee to be known as the "program review committee" which may investigate and inspect on behalf of the council all diagnostic and treatment facilities in which services are performed by registered medical practitioners in Manitoba other than those which are under the jurisdiction of provincial or municipal governments and those facilities that are approved hospitals under The Manitoba Hospitals Act.
The council may make by-laws as to all matters pertaining to the establishment and operation of such diagnostic and treatment facilities to ensure that the procedures and standards of care set by the council for the protection of the public are carried out in all such diagnostic and treatment facilities.
Where the program review committee reports to the council that a diagnostic and treatment facility does not appear to meet the required standards, the council shall consider the report and the provisions of Parts IX and X of this Act apply with all necessary modifications.
Where the council determines that the diagnostic and treatment facility does not meet the required standards, the council may order that the diagnostic and treatment facility forthwith cease operation until the standards are met.
It is unbecoming conduct for a medical practitioner to continue to utilize a diagnostic or treatment facility which the council has ordered to cease operation.
The program review committee may enter into agreements with the federal, provincial or municipal governments to apply the provisions of subsections (1), (2) and (5) of this section to any facilities or any portion of a facility falling within the jurisdiction of that government and such agreements shall specify the procedures not inconsistent with any Act to be followed when the program review committee believes that the facility does not appear to meet the required standards.
The council shall appoint a complaints committee which shall consist of a chairman who is a councillor, plus three members of the college, and three lay persons, two of whom shall be named by the minister and the third by the council.
The complaints committee shall receive and review complaints brought against any member and attempt to informally resolve the matter and where a complainant does not accept the resolution of the complaints committee, the matter shall be referred to the investigation chairman.
The council shall establish by-laws of procedure and terms of office for the complaints committee.
The council shall appoint from among the councillors an investigation chairman.
Where information comes to the attention of the complaints committee or the registrar 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 or conduct unbecoming a member, or criminal conduct whether in a professional capacity or otherwise; or
(c) is alleged to have demonstrated incapacity or unfitness to practise medicine 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 completing his review, the investigation chairman shall report, in writing, to council which shall thereupon
(a) direct that no further action be taken; or
(b) direct that a preliminary investigation be held by the registrar or his appointee, together with such other appointees into the matter as it seems fit.
Notwithstanding the provisions of any other Act, upon the direction of the investigation chairman, any person or persons conducting a preliminary investigation under section 46, may require the member concerned and any other member to produce any records, books, papers, and other documents or things in the member's possession or control relevant to the investigation and may require the attendance at the investigation of the member concerned and any other member.
The college may summarily apply ex parte to a judge of the Court of Queen's Bench for an order directing the member concerned or any other member or person to produce to the person or persons 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 same when required under this Part, and 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 medicine, may investigate any other matter relevant to the conduct or capability or fitness of the member to practise medicine that arises in the course of the investigation.
On the conclusion of the preliminary investigation, the investigation chairman, upon receipt of the report, shall recommend to council
(a) that no further action be taken; or
(b) that the matter be dealt with and an inquiry held in accordance with sections 52 and 53.
Notwithstanding any other provision of this Act, the investigation chairman may, at any time, direct the registrar to suspend the licence of a member pending or following the completion of the preliminary investigation for a period of not more than one week, unless prior to the expiration of that period, the suspension has been confirmed by council pursuant to subsection 55(1).
The council shall establish an inquiry committee and shall from time to time add lay persons or other persons to the committee and this committee shall be responsible for the holding and conduct of inquiries under this Part.
Five members of the inquiry committee may be named by council to hold an inquiry and three members, including at least one lay person, shall constitute a quorum.
Where an inquiry has been commenced by an inquiry committee and the lay member of the committee is unable for any reason whatsoever to continue as a member of the committee, if there are at least three members remaining on the committee, the inquiry committee may complete the inquiry.
Where an inquiry into the conduct of a member of the college is deemed advisable by council, at least 21 days before the first meeting of the inquiry committee, to be held for the taking of evidence or otherwise ascertaining the facts, a notice shall be served upon the person whose conduct is the subject of the inquiry; and the notice shall embody a copy of the charges made against him or a statement of the subject matter of the inquiry, and shall also specify the time and place of the meeting.
Where an inquiry into the conduct of a former registered member of the college is deemed advisable by council, this Part shall apply within one year of the date he ceased to be a member of the college in the same manner as if he were still a member of the college.
A notice to be served upon a person whose conduct is the subject of an inquiry may be served upon him personally, or may be sent to him by registered or certified mail, postage prepaid, addressed to him at his post office address appearing in the register or other records of the college.
A notice sent by mail 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, without having provided the committee prior to the date of the hearing with a good and sufficient reason for his failure to attend, the inquiry committee may upon proof of service of the notice in accordance with this section, 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 (7) 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, and things at the inquiry.
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 council or committee thereof holding the inquiry either by affidavit or viva voce or both, as the inquiry committee may determine; but the name of a member shall not be removed from the register on affidavit evidence alone.
For the purpose of the inquiry, a certified copy, under the seal of the court, or under the hand of the convicting provincial judge, magistrate or justice of the peace, or under the hand of the clerk of the 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 directed by council or any committee thereof, the council or executive committee thereof may suspend the licence of that member pending the disposition of the inquiry; and thereupon the member is suspended from practice until the suspension is lifted, superseded, or annulled by the council or executive committee.
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 or associate member at his address appearing in the records of the college, and shall be deemed to have been served on the third day after the day on which it was mailed.
Proof of the service of the notice shall be made by affidavit or statutory declaration.
Where the licence of a member of the college is suspended that member shall not be entitled to practise medicine 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, or to have demonstrated incapacity or unfitness to practice medicine, or to be suffering from an ailment that might if the member continues to practise medicine constitute a danger to the public, the council may by resolution
(a) cause the name of that member to be erased from the register; or
(b) suspend the licence of the member for a period not in excess of two years; or
(c) reprimand the member; or
(d) permit the member to practise upon such terms and conditions as it may deem appropriate.
A member who is found guilty of professional misconduct, conduct unbecoming a member, or to be incapable of practising, or unfit to practise, may be ordered by the council to pay all, or any part of the costs and expenses incurred by the council or committee or both 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 council made under subsection (2), certified by the registrar under the seal of the college, may be filed in the court and shall thereupon become a judgment of the court.
The council may pay by way of compensation out of the funds of the college such moneys as the council 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 may, for the execution of its duties under this Act, employ, at the expense of the college, such legal and other personnel, as the council or 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 or agent and to adduce evidence, examine and cross-examine witnesses at the inquiry and to examine documents and records to be used at the inquiry, prior to the date of the inquiry.
The council, upon such grounds as it may seem sufficient, and upon such terms, if any, as to it may 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 council 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 council or of the court.
No certificate required from any physician or surgeon or medical practitioner under any Act in force on or after the coming into force of this Act is valid unless the person signing it is a member of the college.
No member of the college is liable in any action for negligence or malpractice by reason of professional services requested or rendered, unless the action is commenced within two years from the date when, in the matter complained of, those professional services terminated.
No member of the college shall carry on the practice of medicine except under the name registered with the college, without first obtaining the written consent of the council.
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 document, record, file, correspondence or other record obtained by him in the course of administering this Act or the regulations.
The university is, subject to this Act, the examining body in medicine in the province, and the university may grant to any person a certificate under the academic seal of the university that the person mentioned in the certificate is, by way of medical education, a proper person to be a member of the college; but the certificate shall not be granted until the person making the application has given such evidence of qualification, by undergoing an examination or otherwise, as the by-laws, rules, or regulations of the university then in force may require; and the applicant shall in all other respects first comply with the rules and regulations of the university in that behalf.
Any person who considers himself aggrieved by an order or decision of the council made pursuant to
(a) a refusal or alteration of registration; or
(b) a recommendation of the investigation chairman pursuant to clause 50(a); or
(c) an inquiry; or
(d) an order suspending a member from practice; or
(e) a refusal to issue or re-issue a licence to a member; or
(f) a refusal to enroll a member in the special register; or
(g) the erasure of the name of the person from the register;
may appeal from the order or decision to the judge of the court at any time within two months time 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 a copy of the proceedings before the inquiry committee the evidence taken, the committee's report and the order or decision of the council 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 appellant, a certified copy of all proceedings, reports, orders, and papers upon which the council 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 the filing of the transcript.
OFFENCE AND PENALTIES
Any person who wilfully procures, or attempts to procure, his registration 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 not licensed under this Act who practises or professes to practise medicine in the province, 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 wilfully or falsely pretends to be a physician, doctor of medicine, surgeon, or medical practitioner, or assumes any medical 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 $200. for the first offence, and for any subsequent offence to a fine of not less than $200. and not more than $1,000.
Any employee, member, or associate member of the college holding office in the college 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 college.
Where a person who is convicted of an offence against any provision of this Act does not, within 14 days after conviction, pay the fine imposed he is liable to imprisonment for a term not exceeding one year.
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 one year from the date of the alleged offence.
When the college is the prosecutor of an offence under this Act, it may, upon an order signed by the registrar and under the seal of the college apply for a stay of proceedings in any such prosecution, in which case the court seized with the matter shall grant the stay.