Bill 56 — First Session, 20Th Legislature, 32 Elizabeth Ii the Legislative Assembly of Alberta Bill 56 Registered Dietitians Act (Legislature 20, Session 1)

L20 S1 3676

Alberta — Bills

1983 BILL 56 First Session, 20th Legislature, 32 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 56 REGISTERED DIETITIANS ACT HON. MR. KING .'-»•• •rny^OC" First Reading Second Reading ^ Committee ofthe Whole ^j.wi'.. ~. • — Third Readmg Royal Assent - • • • • •...>;:>-- --^^

BiU 56 BILL 56 1983 REGISTERED DIETITIANS ACT (Assented to , 1983) TABLE OF CONTENTS

Definitions 1 PARTI EXCLUSIVE USE OF NAME Restrictions on name 2 Injunction 3

PART 2 ASSOCIATION Alberta Registered Dietitians Association 4 Capacity of the Association ^ Board ^ Registrar ' Board members ° Practice Review Committee ^ Powers of Practice Review Committee ^^ Matters referred to the DiscipUne Committee ^ 1

PART 3 REGULATIONS AND BY-LAWS Regulations By-laws

PART 4 REGISTRATION OF MEMBERS 12 13 Registers Registration Committee Review by Board Certificate of registration !' Aimual fee . g Annual certificate -^ Cancellation or suspension ^. Voluntary canceUation ^o Suspension or canceUation because of default Reinstatement

PARTS DISCIPLINE

Definitions 24 Discipline Committee 25 Unskilled practice or unprofessional conduct 26 Complaint 27 Procedure 28 Notice of hearing 29 Suspension pending investigation and hearing 30 Right to coimsel and to appearance 31 Proceedings in camera 32 Evidence 33 Witnesses and documents 34 Enforcement of attendance and production of documents 35 Failure to give evidence 36 Finding by the Discipline Committee 37 Powers of the Discipline Committee 38 Collection of penalty 39 Review by Board 40 Powers of Board on review 41 Appeal to Court of Appeal 42 Association named as respondent 43 Procedure for appeal to the Court of Appeal 44 Powers of Court of Appeal 45

PART 6 GENERAL Registrar's certificate 46 Protection from liabiUty 47

PART 7 PROHIBITIONS AND PENALTIES Holding out 48 Penalties 49 Burden of proof 50 PARTS TRANSITIONAL AND CONSEQUENTIAL Registration continued 51 Board members continued 52 AppUcation for registration continued 53 Discipline proceedings continued 54 Amends RSA 1980 cH-11 55 Repeals RSA 1980 cR-10 56 Coming into force 57 HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as foUows:

Definitions 1 lu this Act, (a) "Association" means The Alberta Registered Dietitians As sociation; (b) "Board" means the Board of Directors ofthe Association; 2

I^estrictions 5n name (c) "Disciphne Committee" means the Discipline Committee es tabhshed by this Act; (d) "Minister" means the member of the Executive Council charged with the administration of this Act; (e) "practice of dietetics" means the translation and application ofthe scientific knowledge of foods and human nutrition towards the attainment, maintenance and promotion of the health of in dividuals, groups and the community and includes the following: (

i) administering food service systems; (ii) assessing nutritional needs of individuals and developing and implementing nutritional care plans based on the assess ments; (iii) estabhshing and reviewing the principles of nutrition and guidelines for healthy and ill people throughout their hves; (iv) assessing the overaU nutritional needs of a community in order to estabhsh priorities and influence poUcies which provide the nutritional component of preventative programs, and implementing and evaluating those programs; (

v) interpreting and evaluating, for consumer protection, in formation on nutrition that is avaUable to the public; (vi) consulting with individuals, famihes and groups on the principles of food and nutrition and the practical appUcation of those principles; (vU) planning, conducting and evaluating educational pro grams on nutrition for registered dietitians and other profes sionals and supporting occupations; (viU) conducting basic and appUed research in food, nutrition and food service systems; (f) "registered dietitian" means a person who holds a certificate of registration and an annual certificate as a registered dietitian under this Act; (g) "Practice Review Committee" means the Practice Review Committee estabUshed by this Act; (h) "Registrar" means the Registrar ofthe Association appointed under

section 7. PARTI EXCLUSIVE USE OF NAME 2(1) A registered dietitian may engage in the practice of dietetics.

(2) No person, except a registered dietitian, shaU use (

a) the name "Registered Dietitian" or the initials "R.D.", or (

b) any title, name, description, abbreviation, letter or symbol representing the name "Registered Dietitian" or the mitials "R.D."

alone or in combination with any other title, name, description, ab breviation, letter or symbol, in such a way as to represent expressly or by imphcation that he is a registered dietitian. Injunction 3 Thc Court of Quccn's Bench, on application by the Council by way of originating notice, may grant an injunction enjoining any person from doing any act or thing that contravenes

section 2 not withstanding any penalty that may be provided by this Act or the regulations in respect of that contravention.

PART 2 ASSOCIATION Alberta Registered Dietitians Association Capacity of the Association Board Registrar 4 The Alberta Registered Dietitians Association is contmued as a corporation. 5 The Association has the capacity and, subject to this Act, the rights, powers and privileges of a natural person. 6(1) There is hereby estabUshed a goveming body ofthe Association caUed the Board.

(2) The Board shaU manage and conduct the business and affairs of the Association and exercise the rights, powers and privileges ofthe Association in the name of and on behalf of the Association.

(3) The Board shaU submit annuaUy to the Minister in a form sat isfactory to him a report on those matters ofthe business and affairs ofthe Association that the Minister requires.

(4) The Minister shaU, on receipt of the annual report of the Asso ciation, lay it before the Legislative Assembly if it is then sittmg, and if it is not then sitting, within 15 days after the commencement of the next ensuing sitting. 7 The Board shaU appoint a Registrar for the purposes of this Act. Board members 8(1) ThC Board ShaU COUSist of (

a) at least 11 registered dietitians or a greater number that may be prescribed by the by-laws, each of whom shaU be elected by and from among registered dietitians, at the time, in the manner and for the period provided by the by-laws, and (

b) when the number of elected registered dietitians does not exceed 11,1 member ofthe pubhc or, when the number of elected registered dietitians is more than 11 but not more than 20, 2 members of the pubhc, who shaU be appointed by the Minister after consultation with the Board for a 1 year term of office.

(2) A member of the pubhc appointed under subsection (l)(

b) coii- tinues to hold office after the expuy of his term of office until he is reappointed or his successor is appointed.

(3) The Minister may, after consultation with the Board, revoke the appointment of a member of the pubhc referred to in subsection (l)(b).

Committee

(4) The Minister may pay to a member ofthe pubhc appointed under subsection (l)(

b) travelUng and Uving expenses mcurred by that member for his attendance at any meeting of the Board while away from his usual place of residence and fees in an amount prescribed by the Minister.

(5) The powers, duties and operation of the Board under this Act, the regulations and the by-laws are not affected by (

a) the fact that no member ofthe pubhc is appointed as a mem ber ofthe Board pursuant to subsection (l)(b), (

b) the revocation, under subsection (3), ofthe appointment of a member of the Board, or (

c) the resignation from the Board of a member ofthe public.

(6) The faUure of a member of the public appointed under subsec tion (l)(

b) to attend a meeting ofthe Board shaU not be construed as affecting the Board or restricting it from exercising any powers or performing any duties tmder this Act, the regulations or the by-laws at that meeting. Practice Review 9(1) Thcrc is hereby established the Practice Review Committee consisting of not fewer than 5 members as foUows: (

a) at least 4 registered dietitians appointed by the Board in ac cordance with the by-laws, and (b) 1 member of the pubhc, who is not a registered dietitian, appointed by the Minister from persons nominated by the Board.

(2) If the Board faUs, within a reasonable period of time after being requested to do so by the Minister, to make nominations for the purposes of subsection (l)(b), the Minister may appoint a member of the pubhc who is not a registered dietitian to the Practice Review Committee without the Board's nomination.

(3) The Minister may pay to the member of the Practice Review Committee appointed under subsection (l)(

b) traveUing and Uving expenses incurred by that member for attendance at a hearing ofthe Committee away from his usual place of residence and fees in an amount prescribed by the Minister.

(4) The Minister may, after consultation with the Board, revoke the appomtment of the member of the Practice Review Committee ap pointed imder subsection (l)(b).

(5) The powers, duties and operation of the Practice Review Com mittee under this Act, the regulations and by-laws are not affected by (

a) the fact that no member ofthe pubhc is appointed as a mem ber ofthe Committee tmder subsection (l)(b), (

b) the revocation under subsection (4) of the appomtment of a member of the public, or

(

c) the resignation as a member of the Committee of a member of the pubhc.

(6) The faUure of a member of the pubhc appointed under subsec tion (l)(

b) to attend a meeting ofthe Committee shaU not be con strued as affecting the Committee or restricting it from exercising any powers or performing any duties under this Act, the regulations or the by-laws at that meeting. Powers of 10(1) The Practicc Review Committee may, on its own initiative, co^mmftter'^* sud shaU, at the request ofthe Board, inquire into and report to and advise the Board in respect of (

a) the assessment and development of educational standards and experience requirements that are conditions precedent to becom ing and continuing as a registered dietitian, (

b) the evaluation of desirable standards of competence of reg istered dietitians generaUy, (

c) any other matter that the Board from time to time considers necessary or appropriate in connection with the exercise of its powers and the performance of its duties in relation to compe tence in the practice of dietetics under this Act, and (

d) the practice of dietetics generaUy.

(2) A person requested by the Practice Review Committee to appear at any inquiry under this

section is entitied to be represented by coimsel.

(3) After each inquiry under this section, the Practice Review Com mittee (

a) shaU make a written report to the Board on the inquiry, and (

b) may make recommendations to the Board regarding the mat ter inquired mto, with reasons for the recommendations. Matters referred 11 The Practicc Rcvicw Committcc may at any time during an to the Uiscipline :__ • i.*^^ . ^ ^. .< Committee luquiry by it refer any matter to the DiscipUne Committee and the DiscipUne Committee shaU deal with it as if it were a complaint. Regulations

PART 3 REGULATIONS AND BY-LAWS 12(1) The Board may make regulations (

a) respectmg the academic quaUfications of and experience and training reqmrements for appUcants for registration as registered dietitians and the examination of appUcants; (

b) estabUshing conditions with respect to the registration of an appUcant referred to in clause (a); (

c) providing for the evaluation of the academic quaUfications and experience and training requirements of appUcants for reg- 6

By-laws istration as registered dietitians and the examination of those apphcants with respect to those qualifications or requirements; (

d) prescribing the number of voting members that constitutes a quorum of the Board, the Discipline Committee, the Practice Review Committee and the Registration Committee; (

e) prescribing standards of practice for the practice of dietetics; (

f) estabhshing and providing for the pubhcation of a code of ethics respecting the practice of dietetics, the maintenance ofthe dignity and honour of the profession of dietetics and the protec tion of the pubhc interest; (

g) respecting the procedures of the Disciphne Committee, the Practice Review Committee and the Board in matters relating to the conduct or practice of registered dietitians, whether or not a complaint has been made; (

h) respecting registration, the review of complaints and the practice of dietetics, including the review of the practice of die tetics generaUy; (

i) respecting the estabUshment and operation by the Board of a compiilsory continuing education program for registered dieti tians; (

j) goveming the pubUcation of a notice of the suspension or canceUation of the registration of a registered dietitian; (

k) goveming the nature and content of advertismg by registered dietitians; (1) respecting reinstatement after cancellation or suspension of registration; (

m) goveming voting by proxy on any matter relating to the As sociation.

(2) A regulation under subsection (1) does not come into force unless it has been approved by (

a) a majority of those registered dietitians (

i) voting m person or by proxy at a general meetmg, or (

u) voting in a maU vote in accordance with the by-laws; and (

b) the Lieutenant Govemor in CouncU. 13(1) The Board may make by-laws (

a) for the govemment ofthe Association and the management and conduct of its affairs; (

b) determining tiie location ofthe head office ofthe Association;

(

c) respecting the calling of and conduct of meetings of the As sociation and the Board; (

d) respecting the nomination, election, number and term of of fice of Board members and officers of the Board and officers of the Association; (

e) providing for the appointment of acting members and of ex officio members of the Board; (0 goveming, subject to this Act, the appointment of the Disci pline Committee, the Registration Committee and the Practice Review Committee, the designation of chairmen and vice-chair men, the nomination of members of the pubhc for appointment by the Minister, the appointment of acting members and the procedures for filling vacancies on any Committee and the ap pointment of ex officio members of any Committee and prescrib ing their powers, duties and functions; (

g) goveming the estabUshment, operation and proceedings of boards and committees, the appointment of members and of act ing members and procedures for filUng vacancies on boards and committees; (

h) estabhshing classes or categories of membership in the As sociation in addition to registered dietitians and prescribing the privUeges and obligations of the members of those classes or categories; (

i) providing for the appointment of an individual as an Acting Registrar who has aU ofthe powers and performs aU ofthe duties of the Registrar under this Act, the regulations and the by-laws when the Registrar is absent or unable to act or when there is a vacancy in the office of Registrar, (

j) prescribing the number of registered dietitians that constitutes a quomm at meetings ofthe Association; (

k) providing for the delegation of any power or duty ofthe Board under the Act, regulations or by-laws with or without conditions;

G) prescribing fees and expenses payable to members ofthe Board and of committees and boards estabUshed under the Act, the regulations or by-laws for attending to the business ofthe Asso ciation; (

m) respectmg the estabUshment of and payment of sums of money for scholarships, feUowships and any other educational mcentive or benefit programs that the Board considers appropri ate; (

n) respecting the fees, dues and levies payable to the Association by registered dietitians or any other class or category of member ship of the Association; (

o) respectmg the estabUshment, content and mamtenance of registers and records of other classes or categories of membership to be recorded by the Registrar,

(

p) respecting the removal from the registers and records of any memorandum or entry made in them under this Act, the regula tions or the by-laws; (

q) authorizmg the Board to prescribe the form of a certificate of registration, an annual certificate and any other form or docu ment that may be required for the purposes of this Act, the reg ulations or the by-laws; (

r) prescribing the date on which an annual certificate expires; (

s) respecting the holding of votes by mail on any matter relating to the Association.

(2) A by-law under subsection (1) does not come into force unless it has been approved by a majority of those registered dietitians (

a) voting in person or by proxy at a general meeting, or (

b) voting in a mail vote in accordance with the by-laws.

(3) The Regulations Act does not apply to by-laws ofthe Association.

PART 4 REGISTRATION OF MEMBERS Registers 14(1) The Registrar shaU mamtain, in accordance with the by-laws and subject to the direction of the Board, a register of registered dietitians, and any other register prescribed by the by-laws.

(2) The Registrar shaU enter in the appropriate register the name of an individual (

a) whose registration to engage in the practice of dietetics has been approved by the Board or the Registration Committee, as the case may be, and (

b) who has paid the fee prescribed pursuant to the by-laws. Registration 15(1) There is hereby estabUshed the Registration Committee con- commutee ^-^^^^ ^^ registered dietitians appointed by the Board in accordance with the by-laws.

(2) The Registration Committee shaU consider appUcations for reg istration of appUcants as registered dietitians in accordance with this Part, the regulations and by-laws, and may (

a) approve the registration, or (

b) refuse to approve the registration.

(3) The Registi-ation Committee shaU send a written notice of any decision made by it to the appUcant.

(4) If the decision made by the Registration Committee is to refuse the registration ofthe appUcant, reasons for the decision shaU be seni in writing to the appUcant.

Review by Board Certificate of registration 16(1) An appUcant whose application for registration is refused may request the Board to review the application by serving on the Regis trar, within 30 days of receiving a notice of refusal and the reasons for it, a written request for review by the Board setting out the rea sons why, in his opinion, his appUcation for registration as a regis tered dietitian should be approved.

(2) The Board shaU, after receipt of a request for review under sub section (1), review the request so received.

(3) The apphcant who requests a review pursuant to subsection (1) (

a) shaU be notified in writing by the Registrar ofthe date, place and time that the Board wiU review the appUcation, and (

b) is entitled to appear with counsel and make representations to the Board when it reviews the appUcation.

(4) A member ofthe Registration Committee who is also a member of the Board may participate in a review by the Board under this

section but shaU not vote on a decision of the Board and shall not be counted for purposes of a quomm.

(5) On reviewing an appUcation under this section, the Board may make any decision the Registration Committee may make. 17 On entering the name of a registered dietitian in the register of registered dietitians, the Registrar shaU issue a certificate of registra tion to him. Annual fee 18(1) A registered dietitian shall pay the annual fee prescribed by the by-laws to the Registrar or to any person authorized by the Re gistrar to accept payment of that fee.

(2) The Registrar shaU issue an annual certificate in accordance with the by-laws to a registered dietitian (

a) whose registration is not under suspension or cancelled, and (

b) who has paid the annual fee.

(3) An annual certificate entitles a registered dietitian to engage in the practice of dietetics as a registered dietitian during the year for which the annual certificate is issued. Annual certificate 19 Au amiual Certificate expires on the date prescribed in the by laws. Cancellation or sus[>ension 20(1) The registration of a registered dietitian is canceUed or sus pended when the decision to cancel or suspend the registration is made in accordance with this Act.

(2) The Registrar shaU enter a memorandum of the canceUation or suspension of the registration in the appropriate register or record indicating (

a) the date ofthe canceUation or suspension. 10

(

b) the period ofthe suspension, and (

c) the nature of any finding under

section 26.

(3) The Registrar shaU not remove from the registers or records any memorandum made by him under subsection (2), except in accord ance with the by-laws.

(4) The Registrar shaU, during regular office hours, permit any per son to inspect the register of registered dietitians. luntary 21(1) The Registrar shall not cancel the registration of a registered dietitian at his request unless the request for the canceUation has been approved by the Board. ncellation ncellation cause of fault

(2) When a request for the canceUation of registration is approved by the Board, (

a) the Registrar shaU cancel that registration, and (

b) the registered dietitian requesting the canceUation shaU, on being notified ofthe approval, surrender to the Registrar his cer tificate of registration. ispensionor 22(1) The Board may direct the Registrar to suspend or cancel the registration of a registered dietitian or a person in the register of registered dietitians who is in default of payment of annual fees, penalties, costs or any other fees, dues or levies payable by him under this Act, the regulations or the by-laws after the expiration of 30 days following the service on him of a written notice by the Board unless he comphes with the notice.

(2) The notice under subsection (1) shaU state that the Registrar may suspend or cancel the registration unless the fees, penalties, costs, dues or levies are paid as indicated in the notice.

(3) The Board may direct the Registrar to cancel the registration of any person entered in error in the register. •insiaiement 23 If a registration is suspended or canceUed pursuant to

section 22, the Board may, subject to the regulations and the by-laws, direct the Registrar to remstate that registration m the apphcable register and reissue the certificate. PARTS DISCIPLINE elinitions 24 In this Part, (a) "chairman" means the chairman of the Disciphne Commit tee and includes a vice-chairman; (b) "conduct" includes any act or omission; (c) "investigated person" means a registered dietitian witii re spect to whose conduct an investigation or hearing is held or may be held under this Part. 11

Discipline Committee Unskilled practice or unprofessional conduct 25(1) There is hereby established the Discipline Committee consist ing of not fewer than 4 members as foUows: (

a) at least 3 registered dietitians appointed by the Board in ac cordance with the by-laws, and (b) 1 member of the pubhc, who is not a registered dietitian, appointed by the Minister from persons nominated by the Board.

(2) If the Board faUs, within a reasonable period of time after being requested to do so by the Minister, to make nominations for the purposes of subsection (l)(b), the Minister may appoint a member of the pubhc who is not a registered dietitian to the Disciphne Com mittee without the Board's nomination.

(3) The Minister may pay to the member ofthe Discipline Commit tee appointed under subsection (l)(

b) travelUng and Uving expenses incurred by that member for attendance at a hearing ofthe Commit tee away from his usual place of residence and fees in an amount prescribed by the Minister.

(4) The Minister may, after consultation with the Board, revoke the appointment of the member of the Disciphne Committee appointed under subsection (l)(b).

(5) The powers, duties and operation of the Discipline Committee under this Act, the regulations and by-laws are not affected by (

a) the fact that no member ofthe pubhc is appointed as a mem ber ofthe Committee under subsection (l)(b), (

b) the revocation under subsection (4) ofthe appointment of a member of the pubhc, or (

c) the resignation as a member ofthe Committee of a member of the pubhc.

(6) The faUure of a member of the pubhc appointed under subsec tion (l)(

b) to attend a meeting ofthe Committee shaU not be con- stmed as affecting the Committee or restricting it from exercising any powers or performmg any duties under this Act, the regulations or the by-laws at that meeting. 26 Any conduct of a registered dietitian that, in the opinion ofthe DiscipUne Committee, (

a) is detrimental to the best mterests ofthe pubhc, (

b) contravenes this Act or a regulation, (

c) harms or tends to harm the standing of the profession of dietetics generaUy, or (

d) displays a lack of knowledge of or lack of skUl or judgment in the practice of dietetics, whether or not that conduct is disgraceful or dishonourable, consti tutes either unskUled practice of dietetics or unprofessional conduct, whichever the DiscipUne Committee finds. 12

mpiaint 27(1) A person who has a complaint about the conduct of a regis tered dietitian may make a complaint in writing to the Registrar, and the Registrar shaU forthwith refer the complaint to the chairman to be dealt with under this Part.

(2) A complamt respectmg the conduct of a registered dietitian whose registration was canceUed or suspended pursuant to this Act or any predecessor to this Act may, notwithstanding the cancellation or sus pension, be dealt with within 2 years foUowing the date of canceUa tion or suspension as if the canceUation or suspension had not oc curred. rocedure 28(1) Ou rccciving a complaint the chairman shaU (

a) direct that no ftuther action be taken if he is satisfied that the complaint is frivolous or vexatious, or (

b) in any other case,

schedule the complaint for a hearing before the Disciphne Committee not more than 60 days after he receives the complaint, or within any longer period that he and the inves tigated person agree on.

(2) The Registrar shaU serve the investigated person and the com plainant with notice of any decision made under subsection (1).

(3) A complainant who is served with a notice informing him that a direction under subsection (l)(

a) has been made may, within 30 days of receipt of the notice, appeal that decision to the Board by notice in writing to the Registrar.

(4) On an appeal under subsection (3), the Board shaU determme (

a) whether the complamt is frivolous or vexatious, or (

b) whether the complamt should be referred to the DiscipUne Committee for a hearing in accordance with this Part, and, if so, the time limits, if any, within which the hearing must be held, and shaU notify the complainant, the investigated person and the Discipline Committee in writing of its decision. Notice of hearing 29(1) If thc DiscipUuc Committcc holds a hearing with respect to a complamt, the Registrar shaU, within a reasonable period of time before the date of the hearing, serve on the investigated person a copy of tiie complaint and a notice stating the date, time and place at which the Disciphne Committee wiU hold the hearing.

(2) The Disciphne Committee may adjoum a hearing from time to time. Suspension 30 Notwitiistauding anything m this Act, tiie chamnan may sus- &ionand pcud tiic registration of a registered dietitian pending a decision by "'""° the DiscipUne Committee on the complaint. Clearing f^J.? . 31 The Association and tiie investigated person may appear and be Cm^'° represented by counsel at a hearing before the Disciphne Committee. 13

Proceedings in camera Evidence Witnesses and documents 32 All proceedings before the Discipline Committee and the Board under this Part shaU be held in camera. 33(1) Evidence may be given before the Discipline Committee in any manner that the Committee considers appropriate, and the Com mittee is not bound by the rules of law respecting evidence applicable to judicial proceedings.

(2) For the purposes of an investigation, hearing or review under this Act, the Registrar and any member of the Board or the Discipline Committee has the power of a commissioner for oaths under the Commissioners for Oaths Act. 34(1) Any person, other than the investigated person, who in the opinion ofthe Discipline Committee has knowledge ofthe complaint or any conduct being investigated is a compeUable witness in any proceeding under this Part.

(2) A witness may be examined on oath on aU matters relevant to the investigation or hearing and shaU not be excused from answering any question on the ground that the answer might (

a) tend to incriminate him, (

b) subject him to punishment under this Part, or (

c) tend to estabUsh his UabiUty (

i) to a civil proceeding at the instance of the Crown or of any other person, or (ii) to prosecution under any Act or regulations under any Act, but if the answer so given tends to incriminate him, subjects him to punishment or tends to estabhsh his UabiUty, it shaU not be used or received against him in any civil proceedings or in any proceedings under any other Act.

(3) For the purpose of obtaining the testimony of a witness who is out of Alberta, a judge ofthe Court on an appUcation made ex parte by the Association may direct the issuing of a commission for the obtaining of the evidence of the witness, and the commission shall be issued and the evidence taken pursuant to the Alberta Rules of Court.

Enforcement of attendance and production of documents 35(1) The attendance of witnesses before the Discipline Committee and the production of models, food samples, charts, reports, books, papers and other documents or records may be enforced by a notice issued by the Registrar requiring the witness to attend and stating the date, time and place at which the witness is to attend and the models, food samples, charts, reports, books, papers and other documents or records, if any, he is required to produce.

(2) On the written request ofthe investigated person or of his coun sel or agent, the Registrar shaU without charge issue and deUver to that person or his counsel or agent any notices that he may require 14

for the attendance of witnesses or the production of documents or records.

(3) A witness, other than the mvestigated person, who has been served with a notice to attend or a notice for the production of documents or records under subsection (1) or (2) is entitled to be paid the same fees as are payable to witnesses in an action in the Court of Queen's Bench. lure to give 36(1) Procccdiugs for civU contempt of court may be brought against dence iscipline ommittee iscipline oitimittee a witness (

a) who fails (

i) to attend before the DiscipUne Committee m compliance with a notice to attend, or (

U) to produce any models, food samples, charts, reports, books, papers or other documents or records in compliance with a notice to produce them. or (

b) who refuses to be swom or to answer any question directed to be answered by the Disciphne Committee.

(2) The Discipline Committee, on proof of service of the notice of hearing on the investigated person, may (

a) proceed with the hearing in the absence of the investigated person, and (

b) act on the matter that is the subject of the hearing in the same way as though the investigated person were in attendance. ndingbythe 37(1) The DiscipUnc Committee may find that the conduct of an investigated person constitutes neither unskilled practice of dietetics nor unprofessional conduct.

(2) The Discipline Committee may find that the conduct of an in vestigated person constitutes unskiUed practice of dietetics or un professional conduct or both, and shaU deal with the investigated person in accordance with this Part. wrs ofthe 38(1) If the DiscipUne Committee finds that the conduct of the in- vestigated person is unprofessional conduct or unskiUed practice oi dietetics or both, the DiscipUne Committee may make any one or more ofthe foUowing orders: (

a) reprimand the investigated person; (

b) direct the mvestigated person to pay a penalty of not more than $5000 to the Association; (

c) suspend the registration ofthe investigated person for a stated period with or without conditions; (

d) cancel the investigated person's registration; 15

(

e) impose any conditions or restrictions that it considers appro priate on the practice of dietetics by the investigated person; (

f) order the investigated person to pay the costs ofthe investi gation and hearing; (

g) require the investigated person to complete the traming pre scribed by the Discipline Committee at the times and in the manner specified in the order.

(2) The Discipline Committee shaU (

a) serve any order it makes, together with written reasons for making the order, on the investigated person, and (

b) inform the complainant in writing ofthe nature ofthe order. Collection of penalty 39 If the Discipline Committee makes a direction under

section 38(1 )(

b) or (f), the amount directed to be paid is recoverable by the Association in an action for debt. Review by Board 40(1) Au investigated person in respect of whom an order has been made under

section 38 may, within 30 days ofthe date ofthe service of the order, by notice in writing addressed to the Registrar, request the Board to review the order.

(2) A notice in writing shaU set out the reasons for the request.

(3) The Board shaU review the order and the reasons for it within 45 days after the date of service ofthe order on the investigated person or within any longer period that the investigated person and the Registrar agree on. Powers of Board 41(1) Thc Board, iu conducting a review under

section 40, has all on Review ^j^^ powcrs of the Disciphuc Committee under sections 29 to 38.

(2) The Association and the investigated person may appear and be represented by counsel at a review by the Board.

(3) The Board shaU forthwith after the date ofthe conclusion of all proceedings before it (

a) make any finding as to the conduct ofthe investigated person that in its opinion ought to have been made by the Disciphne Committee, (

b) quash, vary or confirm the finding or order ofthe DiscipUne Committee or substitute or make a findmg or order of its own, or (

c) refer the matter back to the Disciphne Committee for ftuther consideration in accordance with any dfrection that the Board may make.

(4) The Registrar shaU serve the mvestigated person with a copy of the Board's decision and ofthe reasons for its decision. 16

,peai to Court 42(1) Au investigated person may appeal to the Court of Appeal any Appeal finding or order made by the Board under

section 41.

(2) An appeal under this

section shall be commenced (

a) by filing notice of appeal with the Registrar of the Court in Edmonton or Calgary, and (

b) by serving a copy ofthe notice of appeal on the Registrar, both within 30 days from the date on which the decision ofthe Board is served on the investigated person. ssociation amed as :spondent 43 The Association shaU be named as the respondent in any appeal under

section 42 and the Association's counsel may make represen tations on the hearing of the appeal. rocedure for 44(1) The appeal to the Court of Appeal shall be founded on ppeal to the ourt of Appeal , ^ , •!«>, ••• ,/. ,-,» (

a) the record of the proceedmgs before the Board, and (

b) a copy ofthe finding and order ofthe Board.

(2) The appeUant may, on notice to the Registrar, apply to the Court of Appeal for an order staying aU or any part of the decision of the Board pending the Court's decision on the appeal. owers of Court 45(1) The Court of Appeal on hearing the appeal may Appeal (

a) make any finding or order that in its opinion ought to have been made, (

b) quash, vary or confirm the order or decision of the Board or any part of it, (

c) refer the matter back to the Board for further consideration m accordance with any direction of the Court, or (

d) direct that a new trial of any mixed questions of law and fact relating to a finding or order or both a finding and an order of the Board under

section 41 be held before the Court of Queen's Bench.

(2) The Court of Appeal may make any award as to the costs of an appeal to it that the Court considers appropriate.

PART 6 GENERAL ^istrars 46 A Certificate purporting to be signed by tiie Registrar and statmg that a named person was or was not, on a specified day or durmg a specified period, (

a) a registered dietitian, or (

b) an officer ofthe Association or a member of tiie Board, 17

Protection from liability shaU be admitted m evidence as prima facie proof of the facts stated in it without proof of the Registrar's appointment or signature. 47(1) No action Ues against (

a) a member ofthe Discipline Committee, the Board, the Prac tice Review Committee, the Registrar, the Registration Commit tee, the Association or any person acting on the instructions of any of them, or (

b) any member, officer or employee of the Association, for anything done by him in good faith and in purporting to act under this Act, the regulations or the by-laws.

(2) No action for defamation may be founded on a communication that consists of or pertains to the conduct of a registered dietitian if the communication is pubUshed to or by (

a) the Association, (

b) a member ofthe Board, the Discipline Committee, the Prac tice Review Committee or the Registration Committee, (

c) an officer or employee of the Association, or (

d) a person acting on the instmctions of any of the persons or entities referred to in clauses (

a) to (c), in good faith in the course of investigating a complaint or in the course of any proceeding under this Act relating to the conduct of a registered dietitian.

PART 7 PROHIBITIONS AND PENALTIES Holding out 48 A pcrsou whosc registration is canceUed or suspended under this Act or any predecessor to this Act shaU not hold himself out to be registered under this Act or entitled to practise dietetics as a regis tered dietitian. Penalties 49(1) Evcry pcrsou who contravenes this Act is guilty of an offence and hable (

a) for a first offence, to a fine of not more than $2000, (

b) for a second oflFence, to a fine of not more than $4000, and (

c) for a third and every subsequent offence, to a fine of not more than $6000 or to imprisonment for a term of not more than 6 months or to both a fine and imprisonment.

(2) A prosecution under this

section may be commenced vrithin 2 years after the commission ofthe aUeged offence, but not afterwards. Burden of proof 50 lu a prosccutiou uudcr this Act, the burden of provmg that a person is a registered dietitian is on the accused. IS

gislration niinued

PART 8 TRANSITIONAL AND CONSEQUENTIAL 51(1) In this

section and m sections 52 to 54, "former Act" means the Registered Dietitians Association Act, being

chapter R-10 of the Revised Statutes of Alberta 1980.

(2) An individual who is admitted as a member of The Alberta Reg istered Dietitians Association under the former Act is deemed to be a registered dietitian and the holder of an annual certificate under this Act. lard members ntlnued pplication for gislration intinued iscipline oceedings ntlnued mends RSA )80cH-ll •epeals RSA WcR-IO oiling into )rce 52 The members of the council elected under the former Act are deemed to be members of the Board under this Act, elected for the same period and holding the same offices. 53 An apphcation for admission as a member of the association made under the former Act but not concluded before the coming into force of this Act shaU be dealt with as if it were an appUcation for registration under this Act. 54(1) Any complaint made or proceedings that were commenced under

section 16 of the former Act but not concluded before the coming into force of this Act shaU be concluded under the former Act as though this'Act had not come into force.

(2) Any complaint made after the coming into force of this Act when the complaint relates to conduct occurring aU or partly before the coming into force of this Act shaU be dealt with under this Act. 55 The Hospitals Act is amended in

section 40(6) by adding the following after clause (e): (

f) the board of an approved hospital may divulge any records of diagnostic and treatment services provided in respect of a pa tient to the Disciphne Committee or the Board under the Regis tered Dietitians Act, if the disclosure is made by a member or employee ofthe board in comphance with a notice under

section 35 of the Registered Dietitians Act. 56 The Registered Dietitians Association Act is repealed. 57 This Act comes into force on Proclamation. 19 Title: 1983 (20th, 1st) Bill 56, Registered Dietitians Act

Document details

Collection	Alberta — Bills
Citation	L20 S1 3676
Type	bill
Volume / chapter	L20 S1 3676
Language	en
Format	json
Source	PROVINCIAL
Identifier	2396c903430c50d98e62867212d41925263082e1

Source file is stored in the law ingest library (json).