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R.S.M. 1987, c. O5

The Occupational Therapists Act

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Table of Contents

PART I
INTERPRETATION
1 Definitions.
2 Corporate status and powers.
PART II
BOARD OF DIRECTORS
3 Board of Directors.
(2) By-laws for election and appointment of members.
(3) Filling of vacancy of L. G. in C. appointees.
(4) Continuation of members of the board.
(5) Quorum.
4 By-Laws.
(2) Submission of by-law to members.
(3) By-laws not effective until confirmed.
(4) Period of effectiveness of certain by-laws.
(5) Effect of rejected by-law.
(6) Effect of acts done under rejected by-law.
(7) Member may propose by-laws.
(8) Proposals for by-laws to be sent to board.
(9) Distribution of proposal.
5 Regulations.
(2) Prior submission of regulation to membership.
6 Registrar.
PART III
MEMBERSHIP
7 Register.
(2) Rosters.
(3) Members.
(4) Appeal upon refusal of registration.
(5) Discrimination prohibited.
8 Holding out prohibited.
9 Inspection of the register.
10 Prima facie evidence.
11 Effect of registration.
12 Removal of member's name from register.
13 Notification to occupational therapist.
14 Restoration of names to the register.
15 Employers responsibility.
16 Offence by member.
(2) Offence by employer.
17 Offence by employer.
18 Effect of conviction for indictable offence.
(2) Registration not refused for certain offences.
(3) Membership certificate.
19 Education standard.
20 Fraudulent misrepresentation.
PART IV
COMPLAINTS COMMITTEE
21 Establishment of complaints committee.
22 Informal resolution of complaint.
(2) Reference to investigation officer.
23 Rules and terms of office.
PART V
INVESTIGATION OFFICER
24 Appointment of investigation officer.
25 Reference to investigation officer.
(2) Preliminary investigation.
26 Production of books, documents, etc.
27 Ex parte court order for production of documents.
28 Investigation of further matters.
29 Action by person conducting preliminary investigation.
30 Appeal to discipline committee.
31 Suspension of member.
PART VI
DISCIPLINE COMMITTEE
32 Establishment of discipline committee.
(2) Chairman and vice-chairman.
(3) Member of discipline committee not to investigate matter.
(4) Association's representation at inquiries.
33 Disposition of complainant's appeal.
34 Fixing date of inquiry.
(2) Service of notice.
(3) Effective date of service.
(4) Proof of service.
(5) Hearings to be held in Winnipeg.
(6) Hearings to be private.
(7) Hearings in absentia.
(8) Right to counsel.
(9) Adjournment.
(10) Evidence under oath.
(11) Administration of oath.
(12) Service of subpoena.
(13) Witness allowance.
(14) Certified copies of convictions as evidence thereof.
(15) Evidence by affidavit or viva voce.
(16) Evidence to be recorded.
(17) Preservation of evidence.
(18) Rules of procedure.
35 Suspension of members.
(2) Notice of suspension.
(3) Method of giving notice of suspension.
(4) Proof of service of notice of suspension.
(5) Effect of suspension.
36 Disciplinary action against member.
(2) Decision to be in the form of an order.
37 Costs and reimbursement.
PART VII
APPEALS
38 Appeal to the board.
(2) Copy of proceedings before the committee.
(3) Grounds of appeal.
39 Record of proceedings.
40 Action by registrar on appeal.
41 Suspension pending appeal.
(2) Application to court to remove suspension.
(3) Service of notice of motion on discipline committee.
(4) Time for hearing of application.
(5) Court may remove suspension.
42 Proceedings before board.
(2) Certain persons precluded from participation in appeal.
(3) Association's representation at appeal.
(4) Action by board on appeal.
(5) Disposition of appeal by board.
(6) Costs on appeal.
43 Appeal to Court of Queen's Bench.
(2) Order of judge.
(3) Documents to be filed by appellant.
(4) Absence of recorded evidence.
(5) Failure to file transcript of evidence.
PART VIII
MISCELLANEOUS
44 Exemption from civil liability.
45 Publication of suspensions and revocations.
46 Retention of counsel by board.
47 Reporting by members.
(2) Non-application to confidential information.
(3) Exemption from liability for disclosure.
48 Limitation of actions.
PART IX
ADVISORY COUNCIL
49 Advisory council respecting education programs.
(2) Composition of council.
(3) Chairman.
(4) Failure to nominate or appoint persons to council.
(5) Term of office of council members.
(6) Filling of vacancies.
(7) Limitation of terms of council.
(8) Vice-chairman elected.
(9) Quorum.
(10) Meetings.
50 Functions of council.
51 Annual report by council.
PART X
GENERAL
52 Offence.
(2) Penalty for offence.
(3) Any person may prosecute offence.
(4) Limitation on prosecution.
(5) Stay of proceedings.
53 Single act of unauthorized practice.
54 Conflict with The Corporations Act.
55 Confidentiality of information.
56 Existing regulations and by-laws.