as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. P190
The Psychologists Registration Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"association" means The Psychological Association of Manitoba; ("Association")
"council" means the council of the association constituted under this Act; ("Conseil")
"member" means a person who is registered as a psychologist under this Act; ("membre")
"mental disorder" means mental illness, mental retardation, psychoneurosis, psychopathic disorder, addiction, or any disability of mind caused by disease, senility or otherwise. ("trouble psychique")
The Psychological Association of Manitoba is hereby continued as a body corporate.
The association has the powers, rights and privileges conferred upon and vested in corporations by section 15 of The Interpretation Act, and in addition may
(a) purchase, acquire, accept, hold, possess, and enjoy any lands, tenements, or hereditaments, and personal property and sell, mortgage, lease or dispose of them;
(b) invest any money belonging to it, or held by it in trust,
(i) in bonds, stocks, debentures, or securities issued, or guaranteed by section 15 of the Government of Canada or by the government of any province or by the Government of the United Kingdom or any other part of the Commonwealth, or by the authority charged with the government of any foreign state; or
(ii) in the bonds or debentures of any municipality or school district in Canada;
(c) lend any money belonging to it, or held by it in trust, upon the security of any bonds, stocks, debentures, or securities mentioned in clause (b) or upon the security of any real property in Canada.
All those persons who are full or associate members of the association on the day this Act comes into force continue as members of the association and all those persons who thereafter become registered under this Act are members of the association.
The Council of Psychologists, consisting of seven members who shall hold office until their successors are elected or appointed under the rules, is continued as the governing body of the association.
The members of the council shall appoint a chairman from among their number, who shall hold office for such term as may be provided by the by-laws, rules, or regulations.
Four members of the council constitute a quorum.
The term of office of each member of council is two years.
Subject to the approval of the Lieutenant Governor in Council, the council may make by-laws, rules, and regulations, not contrary to law or inconsistent with this Act, for any and all purposes relating to the affairs, business, and property of the association, its management, government, aims, objects and interests, and without limiting the generality of the foregoing,
(a) respecting the registration of psychologists as members of the association, and the terms and conditions upon which members may practise as such in Manitoba;
(b) prescribing the qualifications for membership in the association;
(c) providing for the maintaining of a register or persons so entitled to practise and providing for the fees payable by a member,
(i) on being so registered; and
(ii) for the renewal of his registration;
(d) prescribing the discipline and control of members of the association, including the prohibition or control of advertising by or on behalf of any member ;
(e) respecting the investigation of any complaint or unprofessional conduct or incompetency on the part of any member;
(f) respecting the cancellation and suspension of the registration of any member found by the council to be guilty of such unprofessional conduct or incompetency as to render it desirable in the public interest that his registration should be cancelled or suspended;
(g) respecting the reinstatement of any member whose registration has been cancelled or suspended;
(h) fixing the minimum and maximum fees or charges that a member may make or receive for services rendered by him;
(i) respecting the calling of meetings of the council and of the association, the procedure to be followed and the right to vote thereat;
(j) respecting the election or appointment of the members of the council and the creation of offices and the duties to be performed by persons holding those offices;
(k) respecting the application of funds of the association, and;
(l) respecting such other matters generally as are for the better carrying out of this Act.
By-laws, rules and regulations made by the council come into force upon being published in The Manitoba Gazette.
Subject to the approval of the Lieutenant Governor in Council, the council may at any time amend or repeal any by-law, rule, or regulation made by it; and any such amendment or repeal as the case may be has effect only upon being published in The Manitoba Gazette.
Where the council refuses, or does not grant, an application for registration of any person, or suspends or cancels the registration of a person, it shall in writing notify the person affected by the refusal, suspension or cancellation.
The notice to which reference is made in subsection (4) shall be served personally or by registered mail addressed to the last known address of the person affected thereby.
Any person whose application for registration has been refused or not granted, or any member whose registration has been cancelled or suspended, may, at any time within one month from the date of the refusal, cancellation, or suspension appeal therefrom to a judge of the Court of Queen's Bench.
Notice of the appeal shall be served on the secretary of the council, or upon any member thereof, within seven days from the date of the filing of the notice.
The council, in consultation with The University of Manitoba, may make regulations governing the examination of, and the fees payable by, candidates.
Only a person who produces evidence of having received from an educational institution approved by The University of Manitoba a doctoral degree based upon a program of studies the content of which was primarily psychological, and has passed such examinations as may be authorized by this Act or the by-laws, rules, or regulations of the council may apply to be registered as a psychologist.
Notwithstanding anything in this section, the council may admit to registration and membership as a psychologist, a person who, when he applies for registration, is authorized to practise in any other province of Canada or in any other country or in any province or state of any other country as a psychologist, if, in the opinion of the council, after consultation with The University of Manitoba, the standards required for admission to practise in that other province or country or that province or state are equivalent to, or higher than, the standards required for registration under this Act.
Notwithstanding anything in this Act, the council may create a class or classes of nonregistered members and make by-laws, rules, and regulations pertaining thereto.
Any person not registered under this Act who assumes the title of psychologist, or in any manner represents that he is a psychologist, or uses a title, or description of services, containing the word " psychological", "psychologist" or "psychology" or any derivative thereof or in any way holds himself out to the public as such for hire, gain, or hope of reward, or by false or fraudulent declaration attempts to procure registration under this Act, is guilty of an offence.
Nothing in subsection (1) shall be construed as limiting the activities or services of, or the use of the title of psychologist by, a person employed as a psychologist by the Government of Canada, the Government of Manitoba, a university in Manitoba, or the board of a school district or division or a hospital within the meaning of The Hospitals Act or other like bodies or agencies thereof while acting in the course of his employment.
No person who is registered under this Act shall treat any person for any type of mental disorder except in association with a duly qualified medical practitioner.
Every person who is guilty of an offence against this Act is liable, on summary conviction,
(a) for the first offence, to a fine not exceeding $100. and in default of payment to imprisonment for a term not exceeding three months;
(b) for the second or subsequent offence, to a fine not exceeding $250. and in default of payment to imprisonment for a term not exceeding six months; and
(c) for a third or any subsequent offence, to imprisonment for a term not exceeding three months.
All fines recoverable under this Act shall be paid to the Minister of Finance.
Nothing in any other Act prohibits a registered psychologist from practising as a psychologist for hire, gain, or hope of reward.