Skip to main content
The Occupational Therapists Act
This is an unofficial archived version of The Occupational Therapists Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. O5

The Occupational Therapists Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART I

INTERPRETATION

Definitions.

1

In this Act

"association" means the Association of Occupational Therapists of Manitoba; ("Association")

"board" means the board of the Association of Occupational Therapists of Manitoba; ("conseil d'administration")

"lay person" means a person not eligible for registration under this Act; ("profane")

"member" means an occupational therapist whose name is entered in the register; ("membre")

"minister" means the member of the Executive Council responsible for the administration of health matters in the province; ("ministre" )

"occupational therapist" means a health professional who is duly qualified to practise occupational therapy; ("ergothérapeute")

"practice of occupational therapy" means the services usually performed by an occupational therapist in the identification, assessment, prevention and alleviation of physical, emotional, developmental or cognitive dysfunction from whatever cause, and the restoration, improvement and maintenance of optimal function, and exploration of latent abilities and without restricting the generality of the foregoing includes

(a) assessment in consultation with the patient's physician leading to the determination of the nature and degree of physical, emotional, developmental or cognitive dysfunction, and of potential level of function and the application and interpretation of selected evaluative procedures,

(b) the planning, administration and evaluation of remedial treatment programs of occupational therapy in communication with the patient's physician,

(c) the planning, administration and evaluation of preventative, health maintenance and educational programs of occupational therapy,

(d) the provision of consultative, educational, advisory, research and other professional services as may be required; ("pratique de l'ergothérapie")

"program of occupational therapy" means a program planned, administered and evaluated by an occupational therapist; and focussing on such areas as adaptive living skills, perception, pre-vocational skills, motor co-ordination, adjustment to and compensation for disability, and therapeutic activities; ("programme d'ergothérapie")

"register" means the register established under this Act; ("registre")

"registrar" means the registrar of the association appointed under this Act. ("registraire")

Corporate status and powers.

2

The Association of Occupational Therapists of Manitoba as constituted before the coming into force of this Act is hereby continued a body corporate and, subject to the provisions of this Act and The Corporation Act, has the capacity, rights, powers and privileges of a natural person.

PART II

BOARD OF DIRECTORS

Board of Directors.

3(1)

The affairs of the association shall be managed by a board of at least eight directors, two of whom shall be persons who are not members of the association and of the two who are not members of the association one shall be appointed by the Lieutenant Governor in Council.

By-laws for election and appointment of members.

3(2)

The number of the members of the board and the manner of their appointment or election, other than the members appointed by the Lieutenant Governor in Council, shall be governed by the by-laws of the association.

Filling of vacancy of L. G. in C. appointees.

3(3)

Where, for any reason, a vacancy occurs on the board with respect to any of the members of the board appointed by the Lieutenant Governor in Council, the vacancy shall be filled for the balance of the term of the office vacated.

Continuation of members of the board.

3(4)

The members of the board and the officers of the association in office on the coming into force of this Act shall continue in office until their successors are elected or appointed.

Quorum.

3(5)

A majority of the board constitutes a quorum for the transaction of business.

By-Laws.

4(1)

The board may make, amend and repeal by-laws not contrary to this or any other Act of the Legislature, to

(a) prescribe the terms of office of members of the board and, subject to subsection 3(3), the manner in which the vacancies on the board may be filled;

(b) subject to subsection 3(1), establish the time for, the manner of, and the election or appointment and the number of members of the board;

(c) fix and regulate the time, place, calling and conduct of annual and special general meetings of the association and meetings of the board;

(d) govern the acquisition, management, disposal and conduct of the property and affairs of the association;

(e) provide for the appointment, removal, functions, duties and remuneration of agents, officers and employees of the association;

(f) establish such standing committees, if any, as the board may deem necessary;

(g) develop, establish and maintain standards of professional ethics among its members;

(h) prescribe the rights, privileges and obligations of the classes of membership established under this Act;

(i) establish the method of setting and to fix the amounts of annual and other fees and provide for the collection thereof;

(j) generally facilitate all such matters as may be deemed by the board to be necessary or desirable for the administration of the association.

Submission of by-law to members.

4(2)

The board shall at least 30 days before the next meeting of the members of the association submit all by-laws or amendments or repeal of any by-law made under subsection (1) to the members of the association and the members may, at that meeting by ordinary resolution, confirm, reject or amend the by-laws, amendment or repeal thereof.

By-laws not effective until confirmed.

4(3)

A by-law made pursuant to clause 1(a), (b), (c), (g), (h) or (i) is not effective until confirmed at a meeting of the members pursuant to subsection (2).

Period of effectiveness of certain by-laws.

4(4)

A by-law, or an amendment or a repeal of a by-law made by the board under clause 1(d), (e), (f) or (j) is effective from the date of the resolution of the board until it is confirmed, confirmed as amended or rejected by the members under subsection (2) or until it ceases to be effective under subsection (5) and, where the by-law is confirmed or confirmed as amended, it continues in effect in the form in which it was so confirmed.

Effect of rejected by-law.

4(5)

If a by-law or an amendment or a repeal thereof is rejected by the members or if the board does not submit the by-law, amendment or repeal to the members as required under subsection (2), the by-law, amendment or repeal ceases to be effective and no subsequent resolution by the board to make, amend or repeal a by-law having substantially the same purpose or effect is effective until it is confirmed or confirmed as amended by the members.

Effect of acts done under rejected by-law.

4(6)

No act done, or right acquired, under any by-law to which subsection (4) applies is prejudicially affected by the subsequent rejection or variation of that by-law at a general meeting of the association.

Member may propose by-laws.

4(7)

A member entitled to vote at an annual meeting of the association may make a proposal to make, amend or repeal a by-law.

Proposals for by-laws to be sent to board.

4(8)

A member making a proposal pursuant to subsection (7) shall send the proposal to the board at the office of the association.

Distribution of proposal.

4(9)

Upon receiving a proposal from a member to enact, amend or repeal a by-law, the board shall cause the proposal to be published in the agenda for the next general meeting of the association which agenda shall be distributed to the membership in accordance with the by-laws of the association, but where there is not sufficient time before the next general meeting of the association to distribute the proposal in accordance with the provisions of the by-laws of the association, then the proposal shall be contained in the agenda for the next following meeting and shall be distributed to the membership in accordance with the by-laws of the association prior to that meeting of the association.

Regulations.

5(1)

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 reinstatement of members and prescribe the conditions precedent to membership of persons applying therefor;

(b) prescribe the conditions precedent for the entry of names on the rosters established under this Act;

(c) develop, establish and maintain standards for the practise of occupational therapy;

(d) define by education, experience or otherwise, general or specialized areas of occupational therapy practice;

(e) prescribe standards of voluntary continuing education for all persons registered under this Act;

(f) define professional misconduct for the purposes of this Act;

(g) control the manner in which a member may describe her qualifications or her occupation and to prohibit the use of any term, title or designation that in the opinion of the board is calculated to mislead the public.

Prior submission of regulation to membership.

5(2)

Before submitting a regulation to the Lieutenant Governor in Council, the board shall submit the regulation together with its recommendations in respect of the regulation, if any, to the members of the association at least 30 days before a meeting of the members and the members may at that meeting, by ordinary resolution confirm, reject or amend the regulation.

Registrar.

6

The board shall appoint a registrar of the association from amongst the members who shall hold office during the pleasure of the board.

PART III

MEMBERSHIP

Register.

7(1)

The board shall cause to be kept by the registrar, a register in which shall be entered the names of all members in good standing.

Rosters.

7(2)

In addition to the register, the board shall cause to be kept rosters of

(a) practising members who are those occupational therapists who have met the requirements for registration and are registered under this Act;

(b) non-practising members who are those occupational therapists who have met the requirements for registration under this Act, but who, at the time of registration, are not engaged in the practise of occupational therapy as defined in section 1 ;

(c) members holding conditional registration being those occupational therapists who have met the requirements for registration under this Act but who have had terms, conditions or limitations imposed on their registration by the board pursuant to the provisions of this Act, and the terms, conditions or limitations are entered on the roster;

(d) associate members who are those occupational therapists who have the qualifications and comply with the requirements of the by-laws of the association for registration as an associate member.

Members.

7(3)

The following persons who have paid the prescribed fees and have produced to the registrar satisfactory evidence of qualifications are members or entitled to be members of the association:

(a) every person whose name is, on the coming into force of this Act, entered in the register;

(b) every person who applies in writing to the board for registration under this Act and who

(i) is a graduate of a program of occupational therapy approved by the board, or

(ii) has met all requirements prescribed by the board, or

(iii) is registered with, or is a member in good standing of, a body or organization in any other province, territory or country where the body or organization is empowered to register or receive as members occupational therapists and where the board is satisfied that the academic standards fixed by that body or organization for the registration or admission of members are at least equivalent to those prescribed under this Act for the purpose of registration; and

(c) every person as described in clause (2)(d).

Appeal upon refusal of registration.

7(4)

An applicant refused registration or the entry of her name in the appropriate roster by the registrar shall be given written reasons for the refusal and the applicant may, by written notice, appeal that decision to the board which shall consider the appeal within 30 days of the receipt of the notice and upon making its decision shall forthwith report the decision in writing to the applicant.

Discrimination prohibited.

7(5)

No person shall be denied membership in the association because of the race, nationality, religion, colour, sex, marital status, physical handicap, age, source of income, family status, political belief, ethnic or national origin of that person.

Holding out prohibited.

8

No person shall hold herself out, or represent herself as a member, or use any designation that conveys or is likely to convey the impression that she is a member, unless she is registered under this Act.

Inspection of the register.

9

The register shall be open to inspection by any person at the office of the association at all reasonable times during regular business hours free of charge; but any officer or employee of the association may refuse access to the register if there is cause to believe that the person seeks the access merely for commercial purposes.

Prima facie evidence.

10

A statement signed by the registrar is admissible in evidence as prima facie proof that the person therein specified is registered under this Act and is prima facie proof of any conditions or limitations set out in the statement as applicable to that person.

Effect of registration.

11

Any person whose name is entered in the roster of practising members is entitled to practise as an occupational therapist in Manitoba and, subject to any restrictions imposed by any regulation or by-law of the association, is entitled to hold herself out as an occupational therapist.

Removal of member's name from register.

12

The board shall cause the removal of a member's name 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 the registration of a member has been revoked; or

(e) where the board is satisfied that a member holding conditional registration has failed to comply with and observe the conditions imposed on her; or

(f) where a member fails to pay the prescribed fee or assessment on or before the date when the fee or assessment becomes due and payable.

Notification to occupational therapist.

13

Where the name of an occupational therapist is struck from the register, other than for the reason set out in clause 12(c), the registrar shall forthwith, by personal service or by registered or certified mail, addressed to her latest address shown on the register, notify the occupational therapist that her name has been struck from the register.

Restoration of names to the register.

14

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) a 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 by-laws of the association.

Employers responsibility.

15

Every person, institution, hospital or agency, that employs a person as an occupational therapist shall

(a) ensure that the person at the time of employment is duly registered under this Act and the holder of an appropriate certificate under this Act; and

(b) where the person's employment is terminated by her employer for professional misconduct, incompetence or incapacity of the person, report the matter to the board forthwith and provide a copy of the report to the person whose employment is terminated.

Offence by member.

16(1)

Any person whose name is entered in the roster of persons holding conditional certificates who fails to comply with the conditions imposed on her as recorded in the roster is guilty of an offence.

Offence by employer.

16(2)

No employer shall hold out or represent, either expressly or by implication, that an employee of hers is an occupational therapist or practises occupational therapy unless that employee is registered in the roster of practising occupational therapists and any person who contravenes this subsection is guilty of an offence.

Offence by employer.

17

Any person, institution, hospital or agency that employs an occupational therapist whose name is entered in the roster of persons holding conditional certificates and that causes or knowingly permits or aids and abets that occupational therapist to violate or fail to comply with and observe the conditions imposed on her and recorded in the said roster is guilty of an offence.

Effect of conviction for indictable offence.

18(1)

Any person who has been convicted of an indictable offence under the Criminal Code by any court of competent jurisdiction may be refused registration hereunder, and the board may erase from the register the name of any member who has been so convicted.

Registration not refused for certain offences.

18(2)

The registration of a person shall not be refused under subsection (1), 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.

Membership certificate.

18(3)

The board shall issue a certificate of membership each year to every person whose name is inscribed in the register which shall state the date upon which it expires, the type of membership held and shall refer to any conditions or limitations imposed on the person to whom the certificate is issued.

Education standard.

19

For the purposes of this Act, the board shall approve only those occupational therapy education programs in which the standard requirement for graduation is considered by the board to be equivalent to that required for graduation from the University of Manitoba.

Fraudulent misrepresentation.

20

Any person who obtains, or attempts to obtain, registration as a member of the association or a certificate of such registration by making a false or fraudulent misrepresentation or declaration, either orally or in writing, and any person who knowingly assists in the making of such misrepresentation or declaration, is guilty of an offence.

PART IV

COMPLAINTS COMMITTEE

Establishment of complaints committee.

21

The board shall appoint a complaints committee which shall consist of

(a) a member of the board who shall be the chairman of the committee;

(b) two members of the association; and

(c) two lay persons who shall not be members of the board and who shall be appointed by the minister.

Informal resolution of complaint.

22(1)

The complaints committee shall receive and review complaints brought against a member in writing and shall attempt to informally resolve the matter.

Reference to investigation officer.

22(2)

Where a complainant does not accept the informal resolution of the complaints committee, the matter shall be referred to the investigation officer.

Rules and terms of office.

23

The board shall establish rules of procedure and fix the terms of office of the members of the complaints committee.

PART V

INVESTIGATION OFFICER

Appointment of investigation officer.

24

The board shall appoint from among the directors, an investigation officer.

Reference to investigation officer.

25(1)

Where the complaints committee or the registrar is informed that a member

(a) either before or after becoming 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 occupational therapy or to be suffering from an ailment which might, if the member continues to practise, constitute a danger to the public;

the committee or the registrar shall refer the matter to the investigation officer for her review and recommendation.

Preliminary investigation.

25(2)

Upon referral of a matter from the complaints committee or the registrar the investigation officer shall conduct a preliminary investigation or direct that a preliminary investigation into the matter be held by the registrar or by such other appointee as the investigation officer sees fit.

Production of books, documents, etc.

26

Notwithstanding the provisions of any other Act, any person or persons conducting an investigation pursuant to section 25, may require the member concerned and any other member or person to produce such books, records, registers, papers and other documents or things in the member's possession or control that are relevant to the investigation; and may require the attendance of the member concerned and any other member or person at the investigation.

Ex parte court order for production of documents.

27

The board for and in the name of the association 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 conducting an investigation, any records, books, registers, papers and other documents or things in her possession or under her control, where the member or other person has failed to produce same when required under this Part, or where the Judge is of the opinion that the issue of such an order is just and appropriate in the circumstances.

Investigation of further matters.

28

A person making a preliminary investigation into a matter concerning the conduct or capability or fitness to practise occupational therapy of a member, may investigate any other matter concerning the conduct or capability or fitness to practise occupational therapy of the member that arises in the course of the investigation.

Action by person conducting preliminary investigation.

29

Upon the conclusion of a preliminary investigation, a written report of the findings shall be prepared and thereupon the investigation officer shall

(a) decide that no further action be taken; or

(b) decide that the matter be dealt with and proceed to an inquiry pursuant to section 34;

and in writing sent by registered or certified mail, or by personal service, notify the complainant and the member who was the subject of the investigation of the decision taken.

Appeal to discipline committee.

30

Where the decision taken by the investigation officer is that no further action be taken with respect to the complaint, the complainant may, not later than 15 days after the receipt of a notice to that effect appeal that decision to the discipline committee by filing a notice of appeal with the registrar sent by registered or certified mail or served personally.

Suspension of member.

31

Notwithstanding any other provision herein, the investigation officer may, at her discretion, direct the registrar to suspend a member from practice pending or following the completion of the preliminary investigation and thereupon the member is suspended from practice until the suspension is lifted, superseded, or annulled by the board, or the Court of Queen's Bench.

PART VI

DISCIPLINE COMMITTEE

Establishment of discipline committee.

32(1)

The board shall establish a discipline committee consisting of

(a) a lay person as recommended by the minister; and

(b) four individuals whose names are entered in the foster of practising members;

of whom four shall constitute a quorum.

Chairman and vice-chairman.

32(2)

The board shall appoint from amongst the members of the discipline committee a chairman and a vice-chairman.

Member of discipline committee not to investigate matter.

32(3)

A person who is a member of the discipline committee shall not participate in or carry out an investigation of any matter that may be referred to the discipline committee for consideration.

Association's representation at inquiries.

32(4)

The association's solicitor may participate in an inquiry before a committee but shall not vote thereat or have participated in the investigation of the matter before the committee.

Disposition of complainant's appeal.

33

Upon receipt of a notice of appeal by a complainant pursuant to section 30, the discipline committee shall consider the matter, the recommendation of the complaints committee and the report on the preliminary investigation and shall

(a) direct that no further action be taken; or

(b) direct that the matter be dealt with and proceed to an inquiry pursuant to section 34.

Fixing date of inquiry.

34(1)

Where the investigation officer decides that an inquiry be held into the conduct of a member or where the discipline committee decides to hold an inquiry into the conduct of a member, the discipline committee shall within 30 days from the date of the 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 decision.

Service of notice.

34(2)

Upon fixing the date, time and place of the holding of an inquiry under subsection (1), the discipline 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 to the member and to the complainant at least 30 days prior to the date so fixed, exclusive of weekends and holidays, at her post office address as shown in the roster of the association and at the address of the complainant as shown on the records of the association.

Effective date of service.

34(3)

Notice sent by post in accordance with subsection (2) shall be deemed to have been served on the date when it was posted.

Proof of service.

34(4)

Proof of service of the notice may be by affidavit or statutory declaration.

Hearings to be held in Winnipeg.

34(5)

All hearings of the discipline committee shall be held in the City of Winnipeg unless otherwise directed by the board.

Hearings to be private.

34(6)

All hearings of the discipline committee shall be held in private unless the person whose conduct is the subject of inquiry applies to the board for a public hearing and the board is satisfied that none of the parties to the hearing would be prejudiced by the holding of a public hearing, but where the board determines that there may be prejudice to any of the parties to the hearing it shall give written reasons therefor.

Hearings in absentia.

34(7)

Where the person whose conduct is the subject of inquiry does not attend and has not provided a reasonable excuse for her failure to, the discipline committee, upon proof of the notice in accordance with this section, may proceed with the inquiry in her absence, and, without further notice to her, take such action as it is authorized to take under this Act.

Right to counsel.

34(8)

The person whose conduct is the subject of an inquiry is entitled to be represented by counsel or agent and the person or her counsel or agent has the right to examine all documents and records to be used at the inquiry, prior to the date of the inquiry.

Adjournment.

34(9)

Hearings of the discipline committee may be adjourned from time to time.

Evidence under oath.

34(10)

The testimony of witnesses at the inquiry shall be taken under oath, and there shall be a full right to cross-examine all witnesses and to call evidence in defence and reply.

Administration of oath.

34(11)

Any oath required to be administered pursuant to subsection (10) may be administered by the chairman, or acting chairman, of the committee holding the inquiry.

Service of subpoena.

34(12)

The discipline committee holding the inquiry, or any party to the inquiry, may obtain, on praecipe from the Court of Queen's Bench and serve subpoenas for the attendance of witnesses and production of books, documents and things at the inquiry.

Witness allowance.

34(13)

The witnesses at an inquiry are entitled to the same allowances as witnesses attending upon a trial of an action in the Court of Queen's Bench.

Certified copies of convictions as evidence thereof.

34(14)

For the purposes of an inquiry under this section, a certified copy, under the seal of the Court of Queen's Bench, or under the hand of the convicting magistrate or justice of the peace, or under the hand of the Clerk of a Provincial court, of the conviction of a person for any crime or offence, under the Criminal Code (Canada), or under any other statute is conclusive evidence that the person has committed the crime or offence stated therein, unless it is shown that the conviction has been quashed or set aside.

Evidence by affidavit or viva voce.

34(15)

Evidence may be adduced before the discipline committee holding the inquiry either by affidavit or viva voce or both, as the discipline committee may determine; but the name of a member shall not be removed from the register on affidavit evidence alone.

Evidence to be recorded.

34(16)

All evidence submitted to the discipline committee shall be reduced to writing, taken down in shorthand or mechanically recorded.

Preservation of evidence.

34(17)

All evidence adduced before the discipline committee holding the inquiry, together with all reports, orders or other papers on which the discipline committee acted, is to be preserved for a period of five years from the date of the presentation of the evidence or filing of other documents with the discipline committee.

Rules of procedure.

34(18)

The discipline committee for the purpose of holding an inquiry may, subject to the approval of the board, prescribe its own rules of procedure.

Suspension of members.

35(1)

Notwithstanding any provision herein, where an inquiry into the conduct of a member is held under this Act, the discipline committee may suspend that member from practice, pending the disposition of the inquiry; and thereupon the member is suspended from practice until the suspension is lifted, superseded, or annulled by the board or the Court of Queen's Bench.

Notice of suspension.

35(2)

The registrar shall cause a notice of the suspension to be served forthwith upon the member after the suspension.

Method of giving notice of suspension.

35(3)

A notice served under this section may be sent to the member by personal service or by registered mail or certified mail addressed to the member at her address appearing in the records of the association, and shall be deemed to have been served on the third day after the day on which it is mailed.

Proof of service of notice of suspension.

35(4)

Proof of the service of the notice shall be made by affidavit or statutory declaration.

Effect of suspension.

35(5)

Where a member of the association is suspended from practice, the registration of that member shall be deemed to be erased, for as long as the suspension continues, and the member is not during that period a member of the association.

Disciplinary action against member.

36(1)

Where, after an inquiry, the discipline committee finds a member to have been guilty of professional misconduct, conduct unbecoming a member or to have demonstrated incapacity or unfitness to practise occupational therapy or to be suffering from an ailment that might, if the member continues to practise occupational therapy, constitute a danger to the public, the discipline committee may by resolution

(a) cause the name of that member to be erased from the register and from any roster; or

(b) suspend 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.

Decision to be in the form of an order.

36(2)

The decision of the discipline committee and the reasons therefor pursuant to subsection (1) shall forthwith in every instance be embodied in a formal order of the committee and shall be served on the person whose conduct is the subject of the inquiry and upon the complainant by registered or certified mail, or by personal service.

Costs and reimbursement.

37

The discipline committee may award costs against any member and the board may also reimburse any member for any costs incurred through disciplinary action if in the opinion of the board the action was unwarranted.

PART VII

APPEALS

Appeal to the board.

38(1)

Any person who considers himself aggrieved by an order or decision of the discipline committee may appeal the decision or order to the board by filing a written notice of appeal at the office of the association either in person or by registered or certified mail not later than 30 days from the date of the decision or order.

Copy of proceedings before the committee.

38(2)

The registrar shall, upon the request of the appellant, furnish to that person at her expense a certified copy of all proceedings, reports, orders and papers upon which the committee acted in making the order or decision in respect of which the appeal is taken.

Grounds of appeal.

38(3)

Any notice of appeal given under the provisions of this section shall set forth the grounds of appeal and shall state the relief asked.

Record of proceedings.

39

Where an appeal is made under section 38, the registrar shall obtain a transcript of the evidence given before the discipline committee and the exhibits filed with the discipline committee, and the transcript of evidence and the exhibits so obtained and the formal order of the discipline committee constitute the record of the proceedings before the discipline committee.

Action by registrar on appeal.

40

On receiving a copy of the order of the discipline committee and the record of the proceedings, the registrar shall

(a) serve on the member concerned and the complainant or their counsel or agent a notice informing them

(i) of the time and place at which the appeal will be considered by the board, and

(ii) that they may appear before the board at the appeal in person or by counsel or agent; and

(b) furnish each board member with a copy of the resolutions and order of the investigation officer or the discipline committee together with a copy of the record of proceedings.

Suspension pending appeal.

41(1)

Notwithstanding an appeal under section 38, the discipline committee may suspend the registration of the member concerned pending the disposition of the appeal by the board.

Application to court to remove suspension.

41(2)

A person whose registration has been suspended under subsection (1) or under section 35 may apply by filing an originating notice of motion with the Court of Queen's Bench for an order removing the suspension.

Service of notice of motion on discipline committee.

41(3)

A person who applies for an order under subsection (2) shall within seven days after the date of filing of the notice of motion under that subsection, serve a copy thereof on the chairman or vice-chairman of the discipline committee.

Time for hearing of application.

41(4)

An application made under subsection (2) shall be heard not earlier than seven days after the date of service on the chairman or vice-chairman of the discipline committee.

Court may remove suspension.

41(5)

Upon hearing an application made under this section, the Court of Queen's Bench may, subject to any conditions that it considers proper, remove the suspension pending the determination of the matter under consideration or appeal.

Proceedings before board.

42(1)

The board shall at a meeting held for that purpose consider the decision of the investigation officer or the discipline committee and shall hear any representations that the member concerned and the complainant or their counsel or agent wish to make respecting the findings and decision or order of the investigation officer or the discipline committee and the record of proceedings.

Certain persons precluded from participation in appeal.

42(2)

The investigation officer and any board member who was a member of the discipline committee or the complaints committee that considered a matter appealed from shall not participate in or vote at an appeal before the board.

Association's representation at appeal.

42(3)

The association's solicitor may participate in an appeal before the board, but shall not vote thereat or have participated in the investigation of the matter before the board.

Action by board on appeal.

42(4)

The board may in considering an appeal

(a) grant adjournments of the proceedings or reserve the determination of the matters before it for a future meeting of the board;

(b) upon granting special leave for that purpose, receive further evidence in the same manner and subject to the same rules and procedures and with the same powers as are provided in Part VI with respect to hearings before the discipline committee;

(c) draw inferences of fact and make any determination or finding that, in its opinion, ought to have been made by the discipline committee.

Disposition of appeal by board.

42(5)

The board shall, within 30 days from the date of the conclusion of the hearing of an appeal

(a) make any finding that in its opinion ought to have been made;

(b) quash or confirm the finding or order of the investigation officer or discipline committee;

(c) vary the order of the investigation officer or discipline committee;

(d) confirm or vary any order of the discipline committee as to costs or make a new order as to costs; or

(e) refer the matter back to the discipline committee for further consideration and decision.

Costs on appeal.

42(6)

The board may make any award as to costs of an appeal that it considers appropriate.

Appeal to Court of Queen's Bench.

43(1)

Any person

(a) whose registration has been revoked or suspended; or

(b) whose registration has been continued subject to conditions imposed by the board; or

(c) who has been refused admission to the association or the entry of her name in a roster; or

(d) who is dissatisfied by a decision of the board made under section 42;

may appeal to a judge of the Court of Queen's Bench at any time within 30 days from the date of the order or decision appealed against, or within such further time that a judge of the Court of Queen's Bench may allow.

Order of judge.

43(2)

The judge hearing the appeal may make such order or give such direction as to the cancellation or suspension of the registration or as to the conditions imposed upon the continuation of the registration or as to the refusal of admission and as to the costs of the appeal including any award as to costs made under subsection 42(6) as to him seems just.

Documents to be filed by appellant.

43(3)

Subject to subsection (4), the appellant shall file, together with and at the same time as the Notice of Appeal, a certificate signed by an officer of the association stating that at least two copies of a transcript of evidence have been ordered unless the judge otherwise orders.

Absence of recorded evidence.

43(4)

Where the evidence at the hearing or inquiry was not reduced to writing or otherwise mechanically recorded, or where it was so recorded but a transcript thereof cannot be obtained, the appeal before a judge of the Court of Queen's Bench shall be a trial de novo.

Failure to file transcript of evidence.

43(5)

Where a transcript of evidence of the hearing is obtainable and the appellant has not filed the two copies 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.

PART VIII

MISCELLANEOUS

Exemption from civil liability.

44

No action lies against the association, or the board or any member of the association or the board or against any member of a committee established under this Act for any thing done or omitted to be done in good faith by the association, board or member in the exercise of powers conferred under this Act, unless it is established that the association, board or member acted maliciously or negligently.

Publication of suspensions and revocations.

45

The board may cause any notice of suspension or revocation or reinstatement of membership to be published, with or without stating the reasons for such suspension or revocation or reinstatement, as the board in its absolute discretion decides.

Retention of counsel by board.

46

The board or a committee appointed under this Act may for the purpose of the execution of its duties under this Act or the by-laws, employ at the expense of the association, such legal or other assistance as may be necessary or proper.

Reporting by members.

47(1)

A member or associate member who believes that an occupational therapist is suffering from a physical or mental condition or disorder of such a nature and extent that it is desirable and in the interests of the public that she no longer be permitted to practise as an occupational therapist or that her practise be restricted, shall disclose to an officer of the association the name of the occupational therapist together with particulars of the condition or disorder, and any failure by a member or associate member to comply with this subsection shall be deemed to be professional misconduct.

Non-application to confidential information.

47(2)

Subsection (1) does not apply to information obtained by a member or associate member which is confidential by reason of an occupational therapist - client relationship.

Exemption from liability for disclosure.

47(3)

A person disclosing information under subsection (1) is not subject to any liability as a result thereof except where it is proved that such disclosure was made maliciously.

Limitation of actions.

48

No member of the association 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.

PART IX

ADVISORY COUNCIL

Advisory council respecting education programs.

49(1)

There shall be an advisory council to review and make recommendations to the board on matters pertaining to occupational therapy education programs.

Composition of council.

49(2)

The council shall be composed of

(a) one person nominated by the minister;

(b) one person nominated by the minister of Education; and

(c) four persons appointed by the board.

Chairman.

49(3)

The board shall appoint one of the members appointed under clause (2)(c) as chairman of the council.

Failure to nominate or appoint persons to council.

49(4)

Where a person or group of persons is required under subsection (2) to nominate or appoint a member to council fails to make the nomination or appointment for at least three months after she is or they are notified to make the nomination, those members already nominated or appointed shall nominate or appoint the required number of persons to the council.

Term of office of council members.

49(5)

Every member of council, unless she sooner resigns, dies or for any other reason ceases to be a member of council, shall hold office for a term of two years and thereafter until her successor is appointed.

Filling of vacancies.

49(6)

Where for any reason there occurs a vacancy on council, the remaining members of council shall fill the vacancy for the unexpired portion of the term.

Limitation of terms of council.

49(7)

No person shall serve as a member of council for more than two consecutive terms.

Vice-chairman elected.

49(8)

The council may elect a vice-chairman from amongst its own members.

Quorum.

49(9)

Three members of the council shall constitute a quorum for the transaction of business and a simple majority of the quorum present at any properly constituted meeting shall govern.

Meetings.

49(10)

Meetings of the council shall be held at the call of the chairman, vice-chairman or any two members thereof and each member of the council shall be given at least seven days written notice of the meetings.

Functions of council.

50

The council shall advise and make such recommendations to the board as will enable the board to

(a) approve occupational therapy education programs which consistently meet the standard referred to in section 19;

(b) withhold or withdraw approval of occupational therapy education programs which do not consistently meet the standard referred to in section 19;

(c) approve, conditionally approve or withhold approval of new occupational therapy education programs or changes in existing occupational therapy education programs in accordance with the standard referred to in section 19.

Annual report by council.

51

The council shall prepare and submit a report to the board annually, at least two months prior to the date fixed for the annual general meeting of the association, and the report shall summarize the activities of the council during the preceding 12 months and shall contain such other information and recommendations, if any, as the council may think desirable.

PART X

GENERAL

Offence.

52(1)

Any person who disobeys or contravenes, or refuses, neglects, omits or fails to observe any provision of this Act other than subsection 47(1) is guilty of an offence.

Penalty for offence.

52(2)

Every person who is guilty of an offence under this Act is liable on summary conviction to a fine of not more than $500. or to imprisonment for a term not exceeding six months, or to both.

Any person may prosecute offence.

52(3)

Any person may be prosecutor or complainant in the prosecution of an offence under this Act and the government may pay to the prosecutor or complainant such portion of any fine recovered as it considers just and expedient towards the costs of the prosecution.

Limitation on prosecution.

52(4)

No prosecution under this Act shall be commenced after the expiration of one year from the date of the alleged offence.

Stay of proceedings.

52(5)

Where the association is the prosecutor of an alleged offence under this Act it may, upon an order signed by the chairman of the association under the seal of the association affixed thereto, apply for a stay of proceedings in any such prosecution.

Single act of unauthorized practice.

53

In any prosecution under this Act it is sufficient to prove that the accused has done or committed a single act of unauthorized practice, or has committed on one occasion any of the acts prohibited by this Act.

Conflict with The Corporations Act.

54

Where a provision of this Act or of any by-law or regulation passed pursuant to this Act is inconsistent with or repugnant to any provision of The Corporations Act, the provision of this Act or of the by-law or regulation passed pursuant to this Act supersedes and prevails over the provisions of The Corporations Act.

Confidentiality of information.

55

Except for the purposes of prosecution under this Act, or in any court proceedings, or for the purpose of 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 her 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 her in the course of administering this Act or the regulations.

Existing regulations and by-laws.

56

Regulations and by-laws of the association in force on the coming into force of this Act remain in force until repealed or amended pursuant to the provisions of this Act.