Designations of Correctional Facilities Order dated December 17, 2014

N.S. Reg. 195/2014

Nova Scotia — Gazette

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 39, No. 1 January 9, 2015 Contents Act Reg. No. Page Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act Canada-Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations (replaces Nova Scotia Offshore Area Petroleum Diving Regulations, N.S.

Reg. 6/96) . . 230/2014 146 Canada-Nova Scotia Offshore Marine Installations and Structures Occupational H e a l t h a n d S a f e t y T r a n s i t i o n a l R e g u l a t i o n s ...................................229/2014 74 Canada-Nova Scotia Offshore Marine Installations and Structures Transitional R e g u l a t i o n s ............................................................ 228/2014 71 Correctional Services Act Designations of Correctional Facilities–amendment .............................. 218/2014 3 – a m e n d m e n t ........................................................... 219/2014 4 – a m e n d m e n t ........................................................... 220/2014 4 Day Care Act D a y C a r e R e g u l a t i o n s – a m e n d m e n t ........................................... 226/2014 61 – a m e n d m e n t ........................................................... 227/2014 69 Medical Act Proclamation of Act, S. 72, S.N.S. 2011, c. 38 .................................. 223/2014 8 Medical Practitioners Regulations (replaces College of Physicians and Surgeons Registration Regulations, N.S.

Reg. 141/96) .................................. 225/2014 10 Medical Society Act Proclamation of amendment to Act, S. 6, S.N.S. 2012, c. 26–S. 5 ................... 224/2014 9 Municipal Government Act Number of Councillors Order for the Town of Kentville .......................... 231/2014 211 Number of Councillors Order for the Town of Oxford ............................ 232/2014 212 © NS Office of the Registrar of Regulations. Web version. 1

Natural Products Act N o v a S c o t i a E g g P r o d u c e r s L e v y O r d e r – a m e n d m e n t .............................221/2014 5 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 222/2014 6 Prescribed Petroleum Products Prices ......................................... 234/2014 220

Summary Proceedings Act S u m m a r y O f f e n c e T i c k e t s R e g u l a t i o n s – a m e n d m e n t ..............................233/2014 212 Errata: Volume 38, Issue 26, dated December 26, 2014, contains printing errors. N.S. Reg. 195/2014 is mistakenly referred to as an amendment to the Air Quality Regulations in both the Table of Contents on page 1 and the heading for N.S. Reg. 195/2014 on page 571. It should be referred to as “Mercury Diversion Standard Order”.

In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act. The date a regulation is made, the date a regulation is approved, the date a regulation is filed and any date specified in a regulation are important to determine when the regulation is in force. *Date that subsections 3(6) and (7) and Sections 11 and 13 of the Regulations Act and amendments to the Regulations Act made by

Chapter 46 of the Acts of 2004 were proclaimed in force. 2 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 218/2014 to 220/2014 - 218/2014 Royal Gazette

Part II - Regulations Vol. 39, No. 1 N.S. Reg. 218/2014 to 220/2014 Made: December 17, 2014 Filed: December 18, 2014 Designations of Correctional Facilities Order dated December 17, 2014 amendment to regulations made by the Minister of Justice pursuant to clauses 3(1)(

b) and (

d) of the Correctional Services Act In the matter of clauses 3(1)(

b) and (

d) of

Chapter 37 of the Acts of 2005, the Correctional Services Act - and - In the matter of designations of places as correctional facilities by the Minister of Justice Order I, Lena Metlege Diab, Minister of Justice for the Province of Nova Scotia, pursuant to clauses 3(1)(

b) and (

d) of

Chapter 37 of the Acts of 2005, the Correctional Services Act, hereby amend the Designations of Correctional Facilities, N.S. Reg. 2/2012, made by Order of the Minister of Justice dated May 10, 2011, as follows: (

a) effective January 5, 2015, in the manner set out in th e attached

Schedule “A”, to provide for the temporary housing of adult male offenders at the Nova Scotia Youth Facility during the transition between the closure of the Antigonish Correctional Facility and the Cumberland County Correctional Facility and the opening of the new Northeast Nova Scotia Correctional Facility; (

b) effective January 12, 2015, in the manner set out in the attached

Schedule “B”, to remove the designations of the Antigonish Correctional Facility and the Cumberland County Correctional Facility as correctional facilities; and (

c) effective February 2, 2015, in the manner set out in the attached

Schedule “C”, to designate the Northeast Nova Scotia Correctional Facility as a correctional facility. Dated and signed December 17, 2014 at Halifax, Nova Scotia. Sgd: Lena M. Diab Honourable Lena Metlege Diab Minister of Justice of Nova Scotia N.S. Reg. 218/2014 Designations of Correctional Facilities

Schedule “A” Amendment to the Designations of Correctional Facilities made by the Minister of Justice under clauses 3(1)(

b) and (

d) of

Chapter 37 of the Acts of 2005, the Correctional Services Act

Section 8 of the Designations of Correctional Facilities, N.S. Reg. 2/2012, made by the Minister of Justice by Order dated May 10, 2011, is amended by adding the following subsection immediately after subsection (2): © NS Office of the Registrar of Regulations. Web version. 3

N.S. Reg. 218/2014 - 220/2014 Royal Gazette

Part II - Regulations Vol. 39, No. 1

(3) Despite subsection (2), the Nova Scotia Youth Facility may be used for temporarily housing adult male offenders from January 5 to February 23, 2015, during the transition between the closure of the Antigonish Correctional Facility and the Cumberland County Correctional Facility and the opening of the new Northeast Nova Scotia Correctional Facility, but only if the following requirements are met: (

a) the requirements respecting separate housing in the Youth Criminal Justice Act (Canada); and (

b) for female youth offenders, the requirements r especting female offenders in Sections 41 and 42 of the Act and Sections 74 to 77 of the Correctional Services Regulations. N.S. Reg. 219/2014 Designations of Correctional Facilities–amendment

Schedule “B” Amendment to the Designations of Correctional Facilities made by the Minister of Justice under clauses 3(1)(

b) and (

d) of

Chapter 37 of the Acts of 2005, the Correctional Services Act The Designations of Correctional Facilities, N.S. Reg. 2/2012, made by the Minister of Justice by Order dated May 10, 2011, are amended to remove the designations of the Antigonish Correctional Facility and the Cumberland Correctional Facility as correctional facilities by repealing Sections 3 and 7. N.S. Reg. 220/2014 Designations of Correctional Facilities–amendment

Schedule “C” Amendment to the Designations of Correctional Facilities made by the Minister of Justice under clauses 3(1)(

b) and (

d) of

Chapter 37 of the Acts of 2005, the Correctional Services Act The Designations of Correctional Facilities, N.S. Reg. 2/2012, made by the Minister of Justice by Order dated May 10, 2011, are amended to designate the Northeast Nova Scotia Correctional Facility as a correctional facility by adding the following

Section immediately after

Section 6: 7( 1 ) The Northeast Nova Scotia Correctional Facility, located at 10202 Sherbrooke Road, Pictou County, Nova Scotia, is designated as a correctional facility.

(2) The Northeast Nova Scotia Correctional Facility is designated for housing adult male offenders only.

(3) Despite subsection (2), the Northeast Nova Scotia Correctional Facility may be used (

a) subject to

Section 10, for temporarily housi ng adult female offenders, including adult female offenders serving intermittent sentences; and (

b) subject to Sections 10 and 11, fo r temporarily housing youth offenders. 4 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 221/2014 Royal Gazette

Part II - Regulations Vol. 39, No. 1 N.S. Reg. 221/2014 Made: November 6, 2014 Approved: December 10, 2014 Filed: December 19, 2014 Nova Scotia Egg Produces Levy Order Order dated December 10, 2014 amendment to regulations made by the Egg Producers of Nova Scotia pursuant to clause 9(1)(hb) of the Natural Products Act Egg Producers of Nova Scotia Amendment to the Nova Scotia Egg Producers Levy Order I certify that on November 6, 2014, the Egg Producers of Nova Scotia, pursuant to clause 9(1)(hb) of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act, as delegated by clause 6(

g) of the Nova Scotia Egg Producers’ Marketing Plan, N.S. Reg. 239/82, carried a motion to amend the Nova Scotia Egg Producers Levy Order, N.S. Reg. 170/2006, made by the Egg Producers of Nova Scotia on August 9, 2006, and approved by the Natural Products Marketing Council on August 22, 2006, in the manner set forth in the attached

Schedule “A”, effective on and after December 10, 2014. Signed at Truro, in the County of Colchester, Nova Scotia on December 11, 2014. Egg Producers of Nova Scotia Sgd: Patti Wyllie per: Patti Wyllie General Manager ------------------------------------------------------------------------------------------------------ Approved by the Natural Products Marketing Council at Truro, in the County of Colchester, Nova Scotia on December 10, 2014. Natural Products Marketing Council Sgd: E. A. Crouse per: Elizabeth A. Crouse, P.Ag. General Manager

Schedule “A” Amendment to the Nova Scotia Egg Producers Levy Order made by the Egg Producers of Nova Scotia under clause 9(1)(hb) of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Marketing Act Subsection 3(1) of the Nova Scotia Egg Producers Levy Order, N.S. Reg. 170/2006, made by the Egg Producers of Nova Scotia on August 9, 2006, and approved by the Natural Products Marketing Council on August 22, 2006, is amended by striking out “$0.4025” and substituting “$0.3625”. © NS Office of the Registrar of Regulations. Web version. 5

N.S. Reg. 222/2014 Royal Gazette

Part II - Regulations Vol. 39, No. 1 N.S. Reg. 222/2014 Made: December 18, 2014 Filed: December 22, 2014 Petroleum Products Prices Order dated December 18, 2014 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order NSUARB-GAS-W-14-52 In the Matter of the Petroleum Products Pricing Act - and - In the Matter of Prescribing Prices for Petroleum Products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Peter W. Gurnham, Q.C., Chair Order

Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And

whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the Board revised the retail margin and transportation allowance effective January 6, 2012, in its decision, 2011 NSUARB 181, issued on November 23, 2011; And

whereas the Board revised the wholesale margin effective January 4, 2013, in its decision, 2012 NSUARB 213, issued on December 12, 2012; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended December 17, 2014, are: Grade 1 Regular gasoline 50.0¢ per litre Ultra-low-sulfur diesel oil 62.9¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 50.0¢ per litre Grade 2 53.0¢ per litre Grade 3 56.0¢ per litre Ultra-low-sulfur diesel oil 62.9¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: minus 2.7¢ per litre Ultra-low-sulfur diesel oil: minus 1.6¢ per litre And

whereas a winter blending adjustment of plus 5.9¢ per litre is required for ultra-low-sulfur diesel oil; And

now therefore the Board prescribes the prices for petroleum products as set forth in

Schedule “A” effective on and after 12:01 a.m., December 19, 2014. 6 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 222/2014 Royal Gazette

Part II - Regulations Vol. 39, No. 1 Dated at Halifax, Nova Scotia, this 18th day of December, 2014. Sgd: Elaine Wagner Clerk of the Board

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on December 19, 2014 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov.

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 54.5 57.5 60.5 74.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 80.0 83.0 86.0 93.8 97.5 101.0 104.4 113.4 99.6 103.0 106.5 115.5 97.5 101.0 104.4 113.4 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 55.0 58.0 61.0 74.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 80.5 83.5 86.5 94.3 98.1 101.5 105.0 114.0 100.2 103.6 107.1 116.0 98.1 101.5 105.0 114.0 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 55.4 58.4 61.4 75.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 80.9 83.9 86.9 94.7 98.6 102.0 105.5 114.4 100.6 104.1 107.5 116.5 98.6 102.0 105.5 114.4 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 55.5 58.5 61.5 75.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 81.0 84.0 87.0 94.8 98.7 102.1 105.6 114.5 100.7 104.2 107.6 116.6 98.7 102.1 105.6 114.5 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 55.5 58.5 61.5 75.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 81.0 84.0 87.0 94.8 98.7 102.1 105.6 114.5 100.7 104.2 107.6 116.6 98.7 102.1 105.6 114.5 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 56.2 59.2 62.2 76.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 81.7 84.7 87.7 95.5 99.5 102.9 106.4 115.3 101.5 105.0 108.4 117.4 99.5 102.9 106.4 115.3 999.9 999.9 999.9 999.9 © NS Office of the Registrar of Regulations.

Web version. 7

N.S. Reg. 223/2014 Royal Gazette

Part II - Regulations Vol. 39, No. 1 N.S. Reg. 223/2014 Made: December 22, 2014 Filed: December 22, 2014 Proclamation, S. 72, S.N.S. 2011, c. 38 Order in Council 2014-528 dated December 22, 2014 Proclamation made by the Governor in Council pursuant to

Section 72 of the Medical Act The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated December 4, 2014, and pursuant to

Section 72 of

Chapter 38 of the Acts of 2011, the Medical Act, is pleased to order and declare by proclamation that

Chapter 38 of the Acts of 2011, the Medical Act, do come into force on and not before January 1, 2015. PROVINCE OF NOVA SCOTIA sgd: J. J. Grant G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 72 of

Chapter 38 of the Acts of 2011, the Medical Act, it is enacted as follows: 72 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 38 of the Acts of 2011, the Medical Act, do come into force on and not before January 1, 2015; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 38 of the Acts of 2011, the Medical Act, do come into force on and not before January 1, 2015, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved His Honour Brigadier-General, the Honourable J. J. Grant (Retired), Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 22nd day of December in the year of Our Lord two thousand and fourteen and in the sixty- third year of Our Reign. 8 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 223/2014 - 224/2014 Royal Gazette

Part II - Regulations Vol. 39, No. 1 BY COMMAND: sgd: Lena Metlege Diab Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 224/2014 Made: December 22, 2014 Filed: December 22, 2014 Proclamation, S. 6, S.N.S. 2012, c. 26 Order in Council 2014-529 dated December 22, 2014 Proclamation made by the Governor in Council pursuant to

Section 6 of the Medical Society Act The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated December 4, 2014, and pursuant to

Section 6 of

Chapter 26 of the Acts of 2012,

An Act to Amend

Chapter 12 of the Acts of 1995-96, the Medical Society Act, is pleased to order and declare by proclamation that

Section 5 of

Chapter 26 of the Acts of 2012,

An Act to Amend

Chapter 12 of the Acts of 1995-96, the Medical Society Act, do come into force on and not before January 1, 2015. PROVINCE OF NOVA SCOTIA sgd: J. J. Grant G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 6 of

Chapter 26 of the Acts of 2012,

An Act to Amend

Chapter 12 of the Acts of 1995-96, the Medical Society Act, it is enacted as follows: 6

Section 5 comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Section 5 of

Chapter 26 of the Acts of 2012,

An Act to Amend

Chapter 12 of the Acts of 1995-96, the Medical Society Act, do come into force on and not before January 1, 2015; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Section 5 of

Chapter 26 of the Acts of 2012,

An Act to Amend

Chapter 12 of the Acts of 1995-96, the Medical Society Act, do come into force on and not before January 1, 2015, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of © NS Office of the Registrar of Regulations. Web version. 9

N.S. Reg. 224/2014 - 225/2014 Royal Gazette

Part II - Regulations Vol. 39, No. 1 Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved His Honour Brigadier-General, the Honourable J. J. Grant (Retired), Lieutenant Governor of the Province of Nova Scotia. AT Our Government House in the Halifax Regional Municipality, this 22nd day of December in the year of Our Lord two thousand and fourteen and in the sixty- third year of Our Reign. BY COMMAND: sgd: Lena Metlege Diab Provincial Secretary Minister of Justice and Attorney General N.S.

Reg. 225/2014 Made: December 22, 2014 Filed: December 22, 2014 Medical Practitioners Regulations Order in Council 2014-530 dated December 22, 2014 repeal of regulations and regulations approved by the Governor in Council pursuant to

Section 11 of the Medical Act The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated December 4, 2014, and pursuant to

Section 11 of

Chapter 38 of the Acts of 2011, the Medical Act, is pleased, effective on and after January 1, 2015, to: (

a) approve the repeal by the Council of the Co llege of Physicians and Surgeons of the College of Physicians and Surgeons Registration Regulations, N.S. Reg. 141/96, made by the Council and approved by the Governor in Council by Order in Council 96-638 dated August 28, 1996; and (

b) approve new regulations respecting registration, licensing and professional accountability made by the Council of the College of Physician and Surgeons of Nova Scotia in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation.

Schedule “A” I hereby certify that the Council of the College of Physicians and Surgeons of Nova Scotia, at a duly convened meeting of the Council held on June 16, 2014, and pursuant to

Section 11 of

Chapter 38 of the Acts of 2011, the Medical Act, carried a motion to: (

a) repeal the College of Physicians and Surgeons Registration Regulations, N.S. Reg. 141/96, made by the Council pursuant to

Section 6 of

Chapter 10 of the Acts of 1995-96, the Medical Act, and approved by the Governor in Council by Order in Council 96-638 dated August 28, 1996; and (

b) make new regulations respecting registration, li censing, and professional accountability in the practice of medicine in the form attached. 10 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 225/2014 Royal Gazette

Part II - Regulations Vol. 39, No. 1 The repeal and the making of regulations referred to in this certificate is effective on and after the date of approval by the Governor in Council. Signed at Halifax, in the Halifax Regional Municipality on November 20, 2014. On behalf of the Executive Committee of the College of Physicians and Surgeons Sgd: D. A. Grant Per: D.A. (Gus) Grant, AB, LLB, MD, CCFP Registrar and CEO Regulations Respecting Medical Practitioners made [approved] by the Governor in Council under

Section 11 of

Chapter 38 of the Acts of 2011, the Medical Act

Part 1:

Interpretation and Administration Citation 1 These regulations may be cited as the Medical Practitioners Regulations.

Definitions 2 In these regulations, “academic year” means the period between the start and end date of a program as determined by an educational institution; “Act” means the Medical Act; “applicable fee” means the fee set by Council under clause 8(1)(

a) of the Act; “caution” means a warning from an investigation committee that a person may have breached the standards of professional ethics or practice in circumstances that are not determined under these regulations to warrant a licensing sanction; “clinical traineeship” means a period of medical training, other than training that is part of a post-graduate training program; “competence assessment” means a process that assesses competence by using methods and tools such as any of the following to assess an array of competencies: interviewing, verification of documents, reference reviews, direct observation, reflective practice, self assessments, chart audits, written or oral tests; “full licence” means a licence issued to a person registered on the Full Medical Register; “independent review committee” means a committee appointed under subsection 90(3) to review dismissals of complaints by the Registrar; “internal review process” means the process set out in

Part 3 to review decisions on registration and licensing made by the Registrar; “licence list” means a list of licensees maintained in accordance with subsection 7(2) for each category of licence; © NS Office of the Registrar of Regulations. Web version. 11

N.S. Reg. 225/2014 Royal Gazette

Part II - Regulations Vol. 39, No. 1 “licensing year” means a 12-month period determined by Council for the issuance, renewal and expiry of licences; “Medical Identification Number for Canada” means a unique personal identifier for medical students and physicians in Canada established by the Federation of Medical Regulatory Authorities of Canada and the Medical Council of Canada; “post-graduate training licence” means a licence authorizing the holder of the licence to engage in the practice of medicine within the requirements of a post-graduate training program or clinical traineeship; “post-graduate training program” means a post-graduate medical education program approved by the Faculty of Medicine at Dalhousie University, in which a post-graduate student practises medicine in the Province to the extent permitted by the program; “post-graduate practising licence” means a licence issued to a post-graduate training licensee authorizing the licensee to practise medicine outside the requirements of their post-graduate training program; “Registration Appeal Committee” means the committee appointed under

Section 14 of the Act to hear appeals from decisions of the Registration Committee; “restricted licence” means a licence authorizing a licensee who does not otherwise meet the criteria for a full licence to practise medicine in accordance with the conditions and restrictions on their licence; “supervisor” means a medical practitioner who oversees the practice of another member in accordance with

Section 18. Notice of decisions of the College 3( 1 ) Decisions of the Registrar or any committee of the College may be sent to a recipient electronically, by courier or by mail.

(2) Decisions sent to a recipient are deemed to be sent on the date the decision was transmitted. Appointment of public representatives to committees 4( 1 ) Council must appoint a committee to provide recommendations to Council regarding the appointment of public representatives to Council or other committees of the College.

(2) The committee appointed under subsection (1) must (

a) publicly advertise to invite expressions of interest in service as a public representative on the Council or on a committee; (

b) conduct an interview process to nominat e potential public representatives for Council approval; (

c) ensure that nominated public representatives m eet all criteria require[d] by Council, including complying with all of the following: (

i) they are not, and have never been, a physician, (ii) they are able and willing to serve fair ly, impartially and in the public interest, 12 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 225/2014 Royal Gazette

Part II - Regulations Vol. 39, No. 1 (iii) they are able to devote appropriate time a nd attention to the role of public representative, (iv) they are willing to contribute to the attainment of the purposes of the College.

(3) The Council must consider all nominated persons recommended by the committee and appoint public representatives to fill any vacancies on Council or committees.

(4) Public representatives must remain in office for 2 or 3 year terms, as determined by Council, in order to provide a staggering of terms for public representatives.

Part 2: Registration and Licensing Waiver of criteria for registration or licensing 5 The Registrar, the Registration Committee or the Registration Appeal Committee may waive any of the criteria for registration or licensing or renewal of a licence set out in these regulations for either of the following reasons: (

a) it is required by law; (

b) it is consistent with the objects and purpose of the College. Categories of registers 6( 1 ) The following are the categories of registers required to be kept: (

a) Full Medical Register; (

b) Education Register; (

c) Conditional Register.

(2) Each register must contain all of the following information for each member, with the exception of student members: (

a) name; (

b) date of birth; (

c) name and location of undergraduate medical-education program completed; (

d) year of graduation from education program; (

e) date of entry in the register; (

f) Medical Identification Number for Canada.

(3) The Registrar must change and notate a register if any of the following occurs: (

a) data was entered incorrectly; (

b) the Registrar receives confirmation of a member’s death; (

c) a member’s registration or licence is revoked; © NS Office of the Registrar of Regulations. Web version. 13

N.S. Reg. 225/2014 Royal Gazette

Part II - Regulations Vol. 39, No. 1 (

d) a member resigns from a register as a result of (

i) an investigation committee, as part of an informal resolution of the complaint, or a hearing committee authorizing their resignation, or (ii) as part of an informal resolution of a complaint or otherwise, the member requesting in writing and the Registrar approving their resignation; (

e) a member does not renew their licen ce in accordance with these regulations. Categories of licences 7( 1 ) The following are the categories of licences available to be issued under each register: (

a) under the Full Medical Register, a full licence; (

b) under the Education Register, all of the following licences: (

i) a post-graduate training licence, (ii) a post-graduate practising licence, (iii) a clinical assessment licence; (

c) under the Conditional Register, all of the following licences: (

i) a defined licence, (ii) a temporary licence, (iii) a clinical assistant licence, (iv) an academic licence, (

v) a restricted licence.

(2) The record for each category of licence required by subsection 15(2) of the Act must be maintained by the Registrar in the form of a licence list that contains all of the following for each licensee: (

a) name; (

b) registration number; (

c) Medical Identification Number for Canada; (

d) date the licence was issued.

(3) The Registrar must change and notate a licence list if any of the following occurs: (

a) data was entered incorrectly; (

b) the Registrar receives confirmation of a licensee’s death; (

c) a licensee no longer meets the criteria for the relevant licence; 14 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 225/2014 Royal Gazette

Part II - Regulations Vol. 39, No. 1 (

d) at a licensee’s request, upon the surrender of thei r licence in accordance with

Section 20 of the Act; (

e) a licensee has not paid fees or other assessments levied under the Act or these regulations; (

f) a licensee’s licence is suspended, for the term of the suspension; (

g) a licensee’s registration or licence is revoked; (

h) a licensee resigns from a register as a result of (

i) an investigation committee, as part of an informal resolution of the complaint, or a hearing committee authorizing their resignation, or (ii) as part of an informal resolution of a complaint or otherwise, the member requesting in writing and the Registrar approving their resignation. Restoration of registration and licence 8( 1 ) A person whose name has been removed from the register or a licence list may apply for restoration to the register and the issuance of the corresponding licence by doing all of the following: (

a) meeting the criteria for registration in th e register and the criteria for the licence; (

b) paying the applicable fees; (

c) if the removal was authorized by the Registrar or a committee, obtaining the approval of the Registrar or committee; (

d) if the removal was because the member’s licence or registration was revoked by a Hearing Committee, complying with the process for reinstatement under Sections 122 to 128.

(2) Any conditions or restrictions imposed on a member’s licence that have not expired remain in effect on any new licence issued to the member under subsection (1). Public record 9 All of the following information for each person authorized to practise medicine must be included in the record required to be available to the public under subsection 13(3) of the Act: (

a) their name and registration number; (

b) their category of licence; (

c) any conditions or restrictions on their licence, if the Registrar determines it is in the public interest to make the conditions or restrictions available to the public; (

d) any licensing sanctions imposed on the person that are not otherwise subject to a publication ban. Medical specialist list 10 The Registrar must maintain a list of members whose names appear on a register and who qualify to be recognized as a medical specialist in accordance with criteria approved by Council, in categories of medical specialty established by Council. © NS Office of the Registrar of Regulations. Web version. 15

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Part II - Regulations Vol. 39, No. 1 Registration Committee composition, quorum and voting 11

(1) The Registration Committee consists of at least (a) 1 public representative; and (b) 5 medical practitioners.

(2) A quorum of the Registration Committee consists of any 3 members of the Committee.

(3) All Registration Committee decisions require the vote of a majority of the quorum of the Committee. Registration Appeal Committee composition, quorum and voting 12

(1) The Registration Appeal Committee consists of at least (a) 1 public representative; and (b) 5 medical practitioners.

(2) The Chair of the Registration Appeal Committee may appoint a panel of 3 or more persons from the Committee, at least 1 of whom must be a public representative, to act as the Registration Appeal Committee to hear an appeal.

(3) If the Chair of the Registration Appeal Committee is not appointed to a panel, the Chair must appoint a chair for the panel.

(4) A quorum of the Registration Appeal Committee consists of any 3 members of a panel.

(5) All decisions of a panel of a Registration Appeal Committee require the vote of a majority of the quorum of the panel.

(6) A member of the Registration Appeal Committee may not concurrently serve on the Registration Committee. Proceedings before committees 13

(1) This

Section applies to the Registration Committee and the Registration Appeal Committee.

(2) The members of any committee may waive notice of any meeting or hearing of the committee.

(3) The proceedings of any meeting or hearing of a committee are not invalidated because a member of the committee fails to receive notice of the meeting or hearing.

(4) If the term of office of any person sitting on a committee expires during a proceeding of the committee, the chair of the committee may extend the person’s term of office until the proceeding concludes. Registration and licensing decisions by Registrar 14

(1) After receiving the information required from an applicant for registration or licensing or for renewal of their licence, the Registrar must refer the matter to the Registration Committee if any of the following apply: (

a) there is any issue regarding whether the a pplicant has the current capacity, competence and character to safely and ethically practise medicine; (

b) for an applicant for registration in the Full Me dical Register, there is any issue identified under 16 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 39, No. 1 clause 19(1)(

d) or subsection 19(2).

(2) In accordance with subsection 16(5) of the Act, when issuing or renewing any licence other than a full licence, the Registrar may issue the licence with or without conditions or restrictions.

(3) If the Registrar determines that an applicant does not meet the criteria for registration or licensing or renewal of a licence for reasons other than those listed in subsection (1) and denies the application or imposes conditions or restrictions on the licence, the Registrar must notify the applicant by doing all of the following: (

a) providing the applicant with a written decision with reasons; (

b) if conditions or restrictions are imposed, in forming the applicant of the review process in

Section 15, as required by

Section 19 of the Act; (

c) if the application is denied, informing the a pplicant of the internal review process set out in

Part 3, as required by

Section 19 of the Act. Registration and licensing decisions referred to Registration Committee 15

(1) If an application is referred to the Registration Committee under subsection 14(1) or as a result of an applicant objecting to conditions or restrictions imposed under subsection 14(2), the Registration Committee must review the application and all the information provided by the Registrar to determine whether the applicant meets the criteria for registration or licensing, or renewal of their licence.

(2) Before making its decision under this Section, the Registration Committee may (

a) request that the Registrar obtain new information; (

b) extend the term of a member’s existing licence until it has made a decision.

(3) When reviewing an application for a licence or renewal of a licence, the Registration Committee may do any of the following: (

a) for any licence other than a full licence, appr ove or remove the conditions or restrictions imposed by the Registrar or impose different conditions or restrictions on the licence; (

b) for renewal of a full licence, advise the appli cant that conditions or restrictions are required and recommend a restricted licence or invite the applicant to apply for another category of licence.

(4) If the Registration Committee determines that an applicant meets the criteria for registration or licensing or renewal of a licence, the Committee must approve the application and direct the Registrar to register the applicant and issue the licence, or renew the licence.

(5) If the Registration Committee determines that an applicant does not meet the criteria for registration or licensing or renewal of a licence and denies the application or imposes conditions or restrictions on the licence, the Committee must notify the applicant by (

a) providing the applicant with a written decision with reasons; and (

b) informing the applicant of the right to appeal to the Registration Appeal Committee. © NS Office of the Registrar of Regulations. Web version. 17

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Part II - Regulations Vol. 39, No. 1 Absence from practice or change in practice 16

(1) Before returning to clinical practice after an absence of 3 years or longer, a person must (

a) notify the Registrar of their intention to return to clinical practice in writing before they return to clinical practice; and (

b) successfully complete a competence assessm ent as determined by the Registrar.

(2) Before changing the scope of their clinical practice to an area in which they have not practised for the 3 years immediately preceding, a person must (

a) notify the Registrar in writing of their intenti on to change the scope of their clinical practice; and (

b) satisfy the Registrar that they have the appr opriate education or training and are competent to practise in the area or, if the Registrar is not satisfied, successfully complete a competence assessment as determined by the Registrar.

(3) Any member who has been practising outside the Province must provide, at time intervals approved by Council, a certificate of professional conduct before returning to practice [practise] in the Province. Appealing Registrar’s requirement for competence assessment 17

(1) A person who disagrees with the Registrar’s decision under

Section 16 requiring them to complete a competence assessment may, no later than 30 days after the date of the Registrar’s decision, request the decision be referred to the Registration Committee.

(2) Before making a decision under subsection (3), the Registration Committee may (

a) request that the Registrar obtain additional information; and (

b) extend the term of a member’s existing licence until it has made a decision.

(3) The Registration Committee must review a decision referred under subsection (1) and must do 1 of the following: (

a) affirm the decision of the Registrar; (

b) determine that a different form of competence assessment is required; (

c) determine that a competence assessment is not required.

(4) If the Registration Committee decides that a competence assessment is required in accordance with clause (3)(

a) or (b), the Committee must notify the person by (

a) providing the person with a written decision with reasons; and (

b) informing them of their right to appeal to the Registration Appeal Committee. Supervisor’s duties 18

(1) A supervisor must oversee the practice of the supervised member to ensure that the expected standard of care and conduct is met and that patient safety is not compromised.

(2) A supervisor must ensure that the supervised member receives support in the form of orientation to practice, advice, guidance and professional networking opportunities. 18 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 39, No. 1 Full Medical Register Full Medical Register—application and criteria for registration 19

(1) An applicant for registration in the Full Medical Register must submit a completed application form on a form prescribed by the Registrar, together with all of the following: (

a) the applicable fee, within the time dete rmined by the Registrar and through a method acceptable to the Registrar; (

b) proof satisfactory to the Registrar that the applicant (

i) meets the criteria in subsection (3), and (ii) is the person named in the documentati on submitted in support of the application; (

c) if they are currently or previously registered or licensed in another jurisdiction, certificates of professional conduct from any of the jurisdictions, as required by the Registrar; (

d) any additional information required by the Re gistrar to assess whether the applicant meets the criteria for registration in the Full Medical Register.

(2) The Registrar may require an applicant to participate in an interview with the Registrar to assess whether the applicant meets the criteria for registration in the Full Medical Register.

(3) The following are the criteria a person is required to meet for registration in the Full Medical Register: (

a) they are (

i) a graduate of a medical university or school that meets criteria approved by Council, (ii) a licentiate of the Medical Council of Cana da, or an acceptable alternative as determined by resolution of Council, or [Note: The last word of subclause (ii) has been changed for this electronic version of the publication to correspond to the original document as filed. It was mistakenly printed as “and” in the print version.] (iii) 1 of the following: (

A) a person who has attained certification w ith the College of Family Physicians of Canada, (

B) a pre-1993 licentiate of the Medical Council of Canada who has completed a rotating internship approved by the Registrar, (

C) a certificant of the Royal College of Physicians and Surgeons of Canada, (

D) a person who holds a current defined licence who has met the requirements set out in a policy approved by Council; (

b) they have a Medical Identification Number fo r Canada, or provide written consent to permit the College to obtain a Medical Identification Number for Canada for the applicant; (

c) they have demonstrated proficiency in the English language, in a manner prescribed by the Registrar; (

d) they are a Canadian citizen or lega lly entitled to live and work in Canada; © NS Office of the Registrar of Regulations. Web version. 19

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e) they have medical liability protection, malpracti ce insurance or other form of indemnity in the manner and amount required by the Registrar; (

f) they are participating satisfactorily in the continuing professional development program; (

g) they are not prohibited or restricted from practising medicine through the decision of any adjudicating body or through voluntary agreement or otherwise; (

h) they have the current capacity, competence and character to safely and ethically practise medicine; (

i) for an applicant who has been absent from clin ical practice or wishes to change the scope of their practice, they comply with

Section 16. Full Medical Register and licence—notification of approval and review of decision 20

(1) When an application for registration in the Full Medical Register is approved, the Registrar must notify the applicant of the approval.

(2) An applicant for registration in the Full Register or for a full licence or renewal of a full licence whose application is denied by the Registrar may request an internal review of the decision in accordance with

Section 67. Full licence—criteria 21 The criteria for a full licence are as set out in subsection 19(3) for registration in the Full Medical Register. Full licence—permitted activities 22 A full licence holder is permitted to do all of the following: (

a) practise medicine in accordance with th e Act, the regulations and the bylaws; (

b) if elected, hold office on the Council; (

c) serve as an appointed member of any committee of the College; (

d) attend and participate in annual or special meetings of the College; (

e) vote at an annual or special meeting of the College; (

f) receive copies of official College publications. Full licence—term 23

(1) Except as provided in subsection (2), a full licence remains in effect until the end of the licensing year or an earlier expiry date specified on the licence.

(2) A full licence ceases to be valid if any of the following occurs: (

a) the licence is suspended or revoked; (

b) the licensee’s registration is revoked; (

c) the licence is changed through the imposition of terms, conditions or restrictions under the Act or regulations; (

d) the member fails to continue to meet the criteria for a full licence; 20 © NS Office of the Registrar of Regulations. Web version.

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e) the licence is surrendered in accordance with

Section 20 of the Act. Full licence—application and criteria for renewing 24

(1) A member applying to renew a full licence must submit a completed application on a form prescribed by the Registrar together with all of the following: (

a) payment of the applicable fee, with in the time determined by the Registrar; (

b) proof satisfactory to the Registrar that the member (

i) continues to meet the criteria set out in clauses 19(3)(

d) to (i), and (ii) meets the renewal criteria in clause (2)(b); (

c) if they practised outside the Province in the previous year, a certificate of professional conduct from the jurisdiction to prove that there are no outstanding complaints, prohibitions, conditions or restrictions against the member engaging in practice in the Province.

(2) A member applying to renew a full licence must meet all of the following criteria: (

a) they continue to meet the criteria for registration set out in clauses 19(3)(

a) to (i); (

b) they are in compliance with or have made arrangements to comply with the requirements of any practice assessment program they are selected to participate in. Education Register Education Register—criteria for registration 25

(1) Except as provided in

Section 26 for a student member, an applicant for registration in the Education Register must meet all of the following criteria: (

a) they have graduated from a medical university or school that meets criteria approved by the Council; (

b) they have passed the required examinations and assessments as set out in a policy approved by Council; (

c) they are protected by medical liability protection, malpractice insurance or other form of indemnity in the manner and amount required by the Registrar; (

d) they have a Medical Identification Number for Canada; (

e) they have demonstrated proficiency in th e English language as required by the Registrar; (

f) other than by conditions or restrictions imposed on a licence, they are not prohibited or restricted from practising medicine through the decision of any adjudicating body, through voluntary agreement or otherwise; (

g) they have the current capacity, competence and character to safely and ethically practise medicine; (

h) criteria for 1 of the following: (

i) entry on the undergraduate medical-e ducation student list in

Section 25, © NS Office of the Registrar of Regulations. Web version. 21

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Part II - Regulations Vol. 39, No. 1 (ii) a post-graduate training licence in

Section 28, (iii) a post-graduate practising licence in

Section 32, (iv) a clinical assessment licence in

Section 36.

(2) An applicant for registration in the Education Register and issuance or renewal of a any licence listed in clause (1)(

h) who objects to any conditions or restrictions imposed on their licence by the Registrar under subsection 14(2) may request the decision be referred to the Registration Committee under

Section 15.

(3) An applicant for registration in the Education Register and issuance or renewal of any licence listed in clause (1)(

h) whose application is denied by the Registrar under

Section 14 may request an internal review of the decision in accordance with

Section 67. Undergraduate medical-education student list—application and criteria 26

(1) A student applying to have their name entered on the undergraduate medical-education student list must submit a completed application in a form prescribed by the Registrar together with all of the following: (

a) payment of the applicable fee; (

b) proof satisfactory to the Registrar that th e applicant meets the criteria in subsection (2); (

c) any additional information the Registrar re quires to assess whether the applicant meets the criteria required for entry in the list.

(2) All of the following are the criteria an applicant must meet for entry on the undergraduate medical- education student list: (

a) they meet the registration criterion for indemnity in clause 25[(1)](c); (

b) they are enrolled in an undergraduate me dical-education program approved by Council; (

c) they have approval from the Faculty of Medicine at Dalhousie University, to engage in clinical education in the practice of medicine in the Province.

(3) On receiving the information required by subsection (1), the Registrar must consider the application and enter the person’s name on the undergraduate medical-education student list if they meet the criteria for entry in subsection (2).

(4) If an applicant does not meet the criteria in subsection (2) and the Registrar denies their application, the Registrar must notify the applicant by (

a) providing the applicant with a written decision with reasons; and (

b) informing the applicant of the internal review process set out in

Part 3, as required by

Section 19 of the Act.

(5) The Registrar must maintain a list of the undergraduate medical-education students who meet the criteria for the list that includes all of the following for each student: (

a) name; 22 © NS Office of the Registrar of Regulations. Web version.

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b) Medical Identification Number for Canada, if available; (

c) expected year of graduation.

(6) The Registrar must remove the name of a student who no longer meets the criteria in subsection (1) from the undergraduate medical-education student list and from the Education Register. Undergraduate medical-education student list—permitted activities 27 A person whose name is entered on the undergraduate medical-education student list is authorized to engage in clinical training, to the extent required by the undergraduate medical-education program, that is (

a) justified by the competence and experience of the student; and (

b) supervised by a supervisor approved by the Faculty of Medicine at Dalhousie University. Post-graduate training licence—application and criteria 28

(1) An applicant for a post-graduate training licence must submit a completed application on a form prescribed by the Registrar together with all of the following: (

a) payment of the applicable fee; (

b) proof satisfactory to the Registrar that the applicant meets all of the criteria subsection (2); (

c) if currently or previously registered or licensed in another jurisdiction, certificates of professional conduct from any of the jurisdictions, as required by the Registrar.

(2) All of the following are the criteria an applicant must meet for a post-graduate training licence: (

a) they meet all of the registration criteria for th e Education Register in clauses 25[(1)](

a) to (g); (

b) they are (

i) enrolled in a post-graduate training program approved by the Registrar and are required to engage in clinical training in the practice of medicine to the extent required by the post-graduate training program, or (ii) participating in a clinical traineeship approved by the Registrar. Post-graduate training licence—permitted activities 29 A post-graduate training licence holder is permitted to do all of the following: (

a) engage in clinical training in the practice of medicine (

i) to the extent that is justified by their competence and experience, (ii) only as required by their post-graduate training program or clinical traineeship, (iii) within any conditions or restrictions imposed on their licence, (iv) for a licensee enrolled in a post-graduate training program, supervised by a supervisor approved by the post-graduate training program; (

b) receive copies of official College publications; © NS Office of the Registrar of Regulations. Web version. 23

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c) attend and participate in annual or special meetings of the College as a non-voting member. Post-graduate training licence—term 30

(1) Except as provided in subsection (2), a post-graduate training licence remains in effect until the date specified on the licence.

(2) A post-graduate training licence ceases to be valid if any of the following occurs: (

a) the licence is suspended or revoked; (

b) the licensee’s registration is revoked; (

c) the member fails to continue to meet the criteria for a post-graduate training licence; (

d) the licence is surrendered in accordance with

Section 20 of the Act. Post-graduate training licence—application and criteria for renewing 31

(1) A member applying to renew a post-graduate training licence must submit a completed application on a form prescribed by the Registrar together with all of the following: (

a) payment of the applicable fee, with in the time determined by the Registrar; (

b) proof satisfactory to the Registrar that the member continues to meet the criteria required by clauses 25[(1)](

e) to (

g) and clause 28(2)(b).

(2) A member applying to renew a post-graduate training licence must meet all of the criteria for a post-graduate training licence in

Section 28. Post-graduate practising licence—application and criteria 32

(1) An applicant for a post-graduate practising licence must submit a completed application on a form prescribed by the Registrar together with all of the following: (

a) payment of the applicable fee, with in the time determined by the Registrar; (

b) proof satisfactory to the Registrar that th e member meets the criteria in subsection (2); (

c) if currently or previously registered or licen sed in another jurisdiction, satisfactory certificates of professional conduct from any of the jurisdictions, as required by the Registrar.

(2) All of the following are the criteria an applicant must meet for a post-graduate practising licence: (

a) they hold a post-graduate training licence; (

b) they are a Canadian citizen or legally entitled to work in Canada; (

c) they have the approval of the program director of the post-graduate training program in which the applicant is enrolled to permit the applicant to practise medicine outside the requirements of the post-graduate training program; (

d) they have supervision in place from a supervisor approved by the Registrar. Post-graduate practising licence—permitted activities 33 A post-graduate practising licence holder is permitted to do all of the following: 24 © NS Office of the Registrar of Regulations. Web version.

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a) practise medicine (

i) to the extent that is justified by their competence and experience, (ii) within any conditions or restrictions imposed on their licence, (iii) under the supervision of a supe rvisor approved by the Registrar; (

b) receive copies of official College publications. Post-graduate practising licence—term 34

(1) Except as provided in subsection (2), a post-graduate practising licence remains in effect for the academic year in which it is issued.

(2) A post-graduate practising licence ceases to be valid if any of the following occur: (

a) the licence is suspended or revoked; (

b) the licensee’s registration is revoked; (

c) appropriate supervisi on is no longer available; (

d) the program director of the post-graduate training program withdraws their approval for post- graduate practising; (

e) the member fails to continue to meet th e criteria for a post-graduate practising licence; (

f) the licence is surrendered in accord ance with

Section 20 of the Act. Post-graduate practising licence—application and criteria for renewing 35

(1) A member applying to renew a post-graduate practising licence must submit a completed application on a form prescribed by the Registrar together with all of the following: (

a) payment of the applicable fee, with in the time determined by the Registrar; (

b) proof satisfactory to the Registrar that the applicant continues to meet (

i) the criteria for a post-graduate training licence required by clause 28(2)(

a) and specified in clauses 25[(1)](

c) to (g), and (ii) the criteria in clauses 28(2)(

b) to (e); (

c) if currently or previously registered or licensed in another jurisdiction, certificates of professional conduct from any of the jurisdictions, as required by the Registrar.

(2) A member applying to renew a post-graduate practising licence must meet all of the criteria for a post-graduate practising licence. Clinical assessment licence—application and criteria 36

(1) An applicant for a clinical assessment licence must submit a completed application on a form prescribed by the Registrar together with all of the following: (

a) payment of the applicable fee, with in the time determined by the Registrar; © NS Office of the Registrar of Regulations. Web version. 25

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b) proof satisfactory to the Registrar that th e applicant meets the criteria in subsection (2); (

c) if currently or previously registered or licensed in another jurisdiction, certificates of professional conduct from any of the jurisdictions, as required by the Registrar.

(2) All of the following are the criteria an applicant must meet for a clinical assessment licence: (

a) they must meet all of the registration criteria for the Education Register in clauses 25[(1)](

a) to (g); (

b) they are engaged in a competence assessment approved by the Registrar. Clinical assessment licence—permitted activities 37 A clinical assessment licence holder is permitted to do all of the following: (

a) practise medicine (

i) only as required for the competence assessment, (ii) to the extent that is justified by their competence and experience, (iii) within any conditions or restrictions imposed on their licence, (iv) under the supervision of a supe rvisor approved by the Registrar; (

b) receive copies of official College publications; (

c) attend and participate in annual or special meetings of the College as a non-voting member. Clinical assessment licence—term 38

(1) Except as provided in subsection (2), a clinical assessment licence remains in effect until the date specified on the licence.

(2) A clinical assessment licence ceases to be valid if any of the following occurs: (

a) the licence is suspended or revoked; (

b) the licensee’s registration is revoked; (

c) the member fails to continue to meet the criteria for a clinical assessment licence; (

d) the clinical assessment is terminated; (

e) the clinical assessment is successfully completed; (

f) another licence is issued to the member; (

g) the licence is surrendered in accordance with

Section 20 of the Act. Conditional Register Conditional Register—criteria for registration 39

(1) Except as provided in

Section 46 for a temporary licence and

Section 59 for a restricted licence, an applicant for registration on the Conditional Register must meet all of the following criteria: 26 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 39, No. 1 (

a) they have graduated from a medical univers ity or school that meets criteria approved by Council; (

b) they have passed the examinations and assessm ents, and hold any required certifications, as set out in a policy approved by Council; (

c) they have a Medical Identification Number for Canada; (

d) they have demonstrated proficiency in the English language, in a manner prescribed by the Registrar; (

e) they are a Canadian citizen or lega lly entitled to live and work in Canada; (

f) they have medical liability protection, malpractice insurance or other form of indemnity in the manner and amount required by the Registrar; (

g) they are participating satisfactorily in the continuing professional development program; (

h) other than by conditions or restrictions imposed on a licence, they are not prohibited or restricted from practising medicine through the decision of any adjudicating body or through voluntary agreement or otherwise; (

i) they have the current capacity, competence and character to safely and ethically practise medicine; (

j) for an applicant who has been absent from clin ical practice or wishes to change the scope of their practice, they comply with

Section 16; (

k) they meet the criteria for 1 of the following licences: (

i) defined licence, (ii) temporary licence, (iii) clinical assistant licence, (iv) academic licence, (

v) restricted licence.

(2) An applicant for registration in the Conditional Register and issuance or renewal of any licence listed in subclauses (1)(k)(

i) to (iv) who objects to any conditions or restrictions imposed on their licence by the Registrar under subsection 14(2) may request the decision be referred to the Registration Committee under

Section 15.

(3) An applicant for registration in the Conditional Register and issuance or renewal of any licence listed in subclauses (1)(k)(

i) to (iv) whose application is denied by the Registrar under

Section 14 may request an internal review of the decision in accordance with

Section 67. Defined licence—application and criteria 40

(1) An applicant for a defined licence must submit a completed application in the form prescribed by the Registrar together with all of the following: (

a) payment of the prescribed application fee; © NS Office of the Registrar of Regulations. Web version. 27

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b) proof satisfactory to the Registrar that the applicant (

i) meets all of the registration criteria for the Conditional Register in clauses 39[(1)](

a) to (j), and (ii) meets all of the licence criteria in subsection (2); (

c) if they are currently or previously registered or licensed in another jurisdiction, certificates of professional conduct from any of the jurisdictions, as required by the Registrar.

(2) All of the following are the criteria that must be met for a defined licence: (

a) they meet all of the registration criteria for th e Conditional Register in clauses 39[(1)](

a) to (j); (

b) they have a sponsor who meets the requirements in

Section 44; (

c) they have a supervisor who m eets the requirements in

Section 45; (

d) they meet any additional criteria considered necessary by the Registrar. Defined licence—permitted activities 41 A defined licence holder is permitted to do all of the following: (

a) practise medicine (

i) in accordance with the Act, these regulations and the bylaws, (ii) within the conditions and restrictions of their licence, including any conditions determined by their sponsor, (iii) within the geographic location determined by their sponsor; (

b) serve as an appointed member of any committee of the College; (

c) vote at annual or special meetings of the College; (

d) if elected to the Council, hold office; (

e) receive copies of official College publications; (

f) attend and participate in annual or special meetings of the College. Defined licence—term 42

(1) Except as provided in subsection (2), a defined licence remains in effect until the end of the licensing year or an earlier expiry date specified on the licence.

(2) A defined licence ceases to be valid if any of the following occurs: (

a) the licence is suspended or revoked; (

b) the licensee’s registration is revoked; (

c) the sponsor or supervisor w ithdraws as sponsor or supervisor; 28 © NS Office of the Registrar of Regulations. Web version.

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d) the licensee fails to comply with the conditions or restrictions of their licence; (

e) the defined licence is replaced by another licence; (

f) the licensee fails to continue to m eet the criteria for a defined licence; (

g) the licence is surrendered in accordance with

Section 20 of the Act. Defined licence—application and criteria for renewing 43

(1) A member applying to renew a defined licence must submit a completed application on a form prescribed by the Registrar together with all of the following: (

a) payment of the applicable fee, with in the time determined by the Registrar; (

b) proof satisfactory to the Registrar that the member (

i) continues to meet all of the registration criteria for the Conditional Register in clauses 39[(1)](

a) to (

j) and the licence criteria in subsection 40(2), and (ii) meets the renewal criteria in clauses (2)(

b) and (c); (

c) if they practised outside the Province in the previous year, a certificate of professional conduct from the jurisdiction to prove that there are no outstanding complaints, prohibitions, conditions or restrictions against the member engaging in practice in the Province.

(2) A member applying to renew a defined licence must meet all of the following criteria: (

a) all of the criteria for a defined licence; (

b) they are in compliance with or have made arrangements to comply with the requirements of any practice assessment program they are selected to participate in; (

c) they meet the requirements of subsection (3).

(3) A defined licence may only be renewed for a maximum number of years, as determined by a policy approved by Council, in accordance with requirements set out in the policy. Defined licence—sponsor of holder 44

(1) A sponsor of a defined licence holder must meet all of the following criteria: (

a) they must be registered in the Full Medical Register and hold a full licence; (

b) unless otherwise approved by the Registrar, they must hold a senior position in the health authority in which the supervised licensee will be practising; (

c) they must be approved by the Registrar;

(2) A sponsor of a defined licence holder must do all of the following: (

a) arrange for and approve, in writing, th e supervisor required by clause 40(2)(c); (

b) report to the Registrar in writing on the supe rvised licensee’s performance on a yearly basis, or as considered necessary by the Registrar; © NS Office of the Registrar of Regulations. Web version. 29

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c) notify the Registrar immediately if (

i) there are any concerns about the supervised licensee’s practice, or (ii) the supervised licensee ceases to practice [practise] within the health authority.

(3) A sponsor of a defined licence holder may not withdraw as their sponsor without consulting the Registrar and giving adequate notice, as determined by the Registrar, to both the Registrar and the licensee. Defined licence—supervisor of holder 45

(1) A supervisor of a defined licence holder must meet all of the following criteria: (

a) they must hold of 1 of the following licences: (

i) full licence, (ii) academic licence, (iii) defined licence, and no longer require supervision; (

b) unless otherwise approved by the Registrar, th ey must be engaged in a scope of practice similar to the supervised licensee; (

c) unless otherwise approved by the Registrar, they must practice medicine in the same geographic area as the supervised licensee, as determined by the Registrar; (

d) they must be approved in writing as a supervis or by the supervised licensee’s sponsor and the Registrar.

(2) A supervisor of a defined licence holder must do all of the following: (

a) they must report on the supervised licensee’s performance to (

i) the licensee’s sponsor, as required by the sponsor, and (ii) the Registrar, as required by the Registrar; (

b) they must notify the Registrar immediately if (

i) there are any concerns about the supervised licensee’s practice, or (ii) the supervised licensee ceases to practice [practise] within the health authority.

(3) A supervisor of a defined licence holder may not withdraw as their supervisor without consulting the Registrar and giving adequate notice, as determined by the Registrar, to both the Registrar and the licensee. Temporary licence—application and criteria 46

(1) An applicant for a temporary licence must submit a completed an application in the form prescribed by the Registrar together with all of the following: (

a) payment of the prescribed application fee; 30 © NS Office of the Registrar of Regulations. Web version.

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b) proof satisfactory to the Registrar that the applicant (

i) meets all of the criteria in subsection (2), and (ii) intends to practise medicine in the Province for a limited time period.

(2) The criteria for a temporary licence are as set out in subsection 19(3) for registration in the Full Medical Register. Temporary licence—permitted activities 47 A temporary licence holder is permitted to do all of the following: (

a) practise medicine (

i) in accordance with the Act, the regulations and the bylaws, (ii) within the conditions and restrictions of their licence, and (iii) for the period of time specified on their licence; (

b) receive copies of official College publications; (

c) attend and participate in annual or special meetings of the College as non-voting members. Temporary licence—term 48

(1) Except as provided in subsection (2), a temporary licence remains in effect for the period of time specified on the licence, which may be for a term of (

a) up to 6 months; (

b) longer than 6 months, only if extende d by the Registrar under this Section.

(2) A temporary licence ceases to be valid if any of the following occurs: (

a) the licence is suspended or revoked; (

b) the licensee’s registration is revoked; (

c) the member fails to continue to meet the criteria for a temporary licence; (

d) the licence has been replaced by another licence; (

e) the licence is surrendered in accordance with

Section 20 of the Act.

(3) A temporary licence holder may apply to the Registrar for an extension to the term of their licence.

(4) If the Registrar considers it appropriate, the Registrar may extend the term of a temporary licence holder’s licence by up to 6 months if the member continues to meet the criteria set out in subsection 46(2).

(5) A decision of the Registrar under subsection (4) is final. © NS Office of the Registrar of Regulations. Web version. 31

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Part II - Regulations Vol. 39, No. 1 Clinical assistant licence—application and criteria 49

(1) An applicant for a clinical assistant licence must submit a completed application on a form prescribed by the Registrar together with all of the following: (

a) payment of the applicable fee; (

b) proof satisfactory to the Registrar that the applicant meets all of the criteria subsection (2); (

c) if currently or previously registered or licensed in another jurisdiction, certificates of professional conduct from any of the jurisdictions, as required by the Registrar.

(2) All of the following are the criteria an applicant must meet for a clinical assistance licence: (

a) they meet all of the registration criteria for th e Conditional Register in clauses 39[(1)](

a) to (j); (

b) they have a sponsor who meets the requirements of

Section 53; (

c) they have appropriate supe rvision in place in accordance with the requirements in clause 53(2)(a). Clinical assistant licence—permitted activities 50 A clinical assistant licence holder is permitted to do all of the following: (

a) practise medicine (

i) within the scope of practice approved by the College, (ii) under the supervision of a medical practitioner, as set out in clause 53(2)(a), and (iii) within the conditions and restrictions of their licence; (

b) serve as an appointed member of any committee of the College; (

c) vote at annual or special meetings of the College; (

d) if elected to the Council, hold office; (

e) receive copies of official College publications; (

f) attend and participate in annual or special meetings of the College. Clinical assistant licence—term 51 (1 ) Except as provided in subsection (2), a clinical assistant licence remains in effect until the date it expires.

(2) A clinical assistant licence ceases to be valid if any of the following occurs: (

a) the licence is suspended or revoked; (

b) the licensee’s registration is revoked; (

c) the member fails to continue to meet the criteria for a conditional licence; (

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e) there is no longer an approved sponsor; (

f) the licence is surrendered in accord ance with

Section 20 of the Act. Clinical assistant licence—application and criteria for renewing 52

(1) A member applying to renew a clinical assistant licence must submit a completed application on a form prescribed by the Registrar together with all of the following: (

a) payment of the applicable fee, with in the time determined by the Registrar; (

b) proof satisfactory to the Registrar that the me mber continues to meet the criteria for a clinical practice licence required by (i) clause 49(2)(

a) and specified in clauses 39[(1)](

d) to (j), and (ii) clauses 49(2)(

b) and (c).

(2) A member applying to renew a clinical assistant licence must meet all of the criteria for a clinical assistant licence. Clinical assistant licence—sponsor of holder 53

(1) A sponsor of a clinical assistant licence holder must meet all of the following criteria: (

a) they must be a member who holds a full licence or academic licence; (

b) unless otherwise approved by the Registrar, they must be a department head at the facility where the clinical assistant will be practising.

(2) A sponsor of a clinical assistant licence holder must do all of the following: (

a) appoint a member, or members, who meets the criteria in

Section 54 to act as the supervisor required by clause 49(2)(c); (

b) report to the Registrar in writing on the supe rvised licensee’s performance on a yearly basis, or as considered necessary by the Registrar; (

c) notify the Registrar immediately if (

i) there are any concerns about the supervised licensee’s practice, or (ii) the supervised licensee ceases to practice [practise] within the facility.

(3) A sponsor of a clinical assistant licence holder may not withdraw as their sponsor without consulting the Registrar and giving adequate notice, as determined by the Registrar, to both the Registrar and the licensee. Clinical assistant licence—supervisor of licensee 54

(1) A supervisor of a clinical assistant licence holder must hold 1 of the following licences: (

a) full licence; (

b) defined licence; (

c) academic licence. © NS Office of the Registrar of Regulations. Web version. 33

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(2) A supervisor of a clinical assistant licence holder must do all of the following: (

a) they must report on the supervised licensee’s performance to (

i) the licensee’s sponsor, as required by the sponsor, and (ii) the Registrar, as required by the Registrar; (

b) they must notify the Registrar immediately if (

i) there are any concerns about the supervised licensee’s practice, or (ii) the supervised licensee ceases to practice [practise] within the health authority.

(3) A supervisor of a clinical assistant licence holder may not withdraw as their supervisor without consulting the Registrar and giving adequate notice, as determined by the Registrar, to both the Registrar and the licensee. Academic licence—application and criteria 55

(1) An applicant for an academic licence must submit a completed application on a form prescribed by the Registrar together with all of the following: (

a) payment of the applicable fee; (

b) proof satisfactory to the Registrar that the a pplicant meets all of the criteria in subsection (2); (

c) if currently or previously registered or licensed in another jurisdiction, certificates of professional conduct from any of the jurisdictions, as required by the Registrar.

(2) All of the following are the criteria an applicant must meet for an academic licence: (

a) they meet all of the registration criteria for th e Conditional Register in clauses 39[(1)](

a) to (j); (

b) they are not eligible for a full licence or a defined licence; (

c) they are a member of the Faculty of Medicine of Dalhousie University, as evidenced by a letter from the Dean of the Faculty of Medicine; (

d) they are recommended for an academic licence by the Dean of the Faculty of Medicine at Dalhousie University; (

e) they have training in a specialty comparable to that leading to certification by the Royal College of Physicians and Surgeons of Canada or the College of Family Physicians of Canada, as approved by the Registrar. Academic licence—permitted activities 56 An academic licence holder is permitted to do all of the following: (

a) practise medicine (

i) in accordance with the Act, the regulations and the bylaws, (ii) within the conditions and restrictions of their licence, and 34 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 39, No. 1 (iii) within their duties as a member of the Faculty of Medicine, Dalhousie University; (

b) if elected to the Council, hold office; (

c) serve as an appointed member of any committee of the College; (

d) vote at annual or special meetings of the College; (

e) receive copies of official College publications; (

f) attend and participate in annual or special meetings of the College. Academic licence—term 57

(1) Except as provided in subsection (2), an academic licence remains in effect until the end of the calendar year in which it is issued or an earlier date specified on the licence.

(2) An academic licence ceases to be valid if any of the following occur: (

a) the licence is suspended or revoked; (

b) the licensee’s registration is revoked; (e)* the licence is surrendered in acco rdance with

Section 20 of the Act. (c)* the licensee fails to continue to m eet the criteria for an academic licence; (d)* the licence is replaced by a defined licence or a full licence; [*Lettering as in original] Academic licence—application and criteria for renewing 58

(1) A member applying to renew an academic licence must submit a completed application on a form prescribed by the Registrar together with all of the following: (

a) payment of the applicable fee, with in the time determined by the Registrar; (

b) proof satisfactory to the Registrar that the member (

i) continues to meet the criteria in clauses 39[ (1)](

e) to (j), as required by clause 55(2)(a), and (ii) meets the renewal criteria in subsection (2)(b); (

c) if currently or previously registered or licensed in another jurisdiction, certificates of professional conduct from any of the jurisdictions, as required by the Registrar.

(2) A member applying to renew an academic licence must meet all of the following criteria: (

a) they must meet all of the criteria for an academic licence in subsection 55(2); (

b) they are in compliance with or have made arrangements to comply with the requirements of any practice assessment program they are selected to participate in. Restricted licence—criteria 59 (1 ) An applicant or member meets the criteria for a r estricted licence if they meet both of the following criteria: © NS Office of the Registrar of Regulations. Web version. 35

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a) conditions or restrictions have been imposed (

i) with the member’s consent, by the Registrar, the Registration Committee or the Registration Appeal Committee, or (ii) as a result of a decision of any committee, on their full licence; and (

b) they meet the criteria for a full licence except as follows: (

i) they do not meet the criterion in clause 19(3)(

g) respecting not being prohibited or restricted from practising medicine, or (ii) they do not meet 1 or more of the criteria in subsection 19(3), but the Registrar determines that urgent or other circumstances exist to dispense with the criteria;

(2) To be issued a restricted licence, a member must submit payment of the applicable fee. Restricted licence—permitted activities 60 A restricted licence holder is permitted to engage in the same activities as a full licence holder, subject to the conditions and restrictions imposed on their licence. Restricted licence—term 61

(1) Except as provided in subsection (2), a restricted licence remains in effect until the end of the calendar year in which it is issued, or another date specified by the Registrar.

(2) A restricted licence ceases to be valid if any of the following occurs: (

a) the licence is suspended or revoked; (

b) the licensee’s registration is revoked; (

c) the member fails to comply with the conditions or restrictions on their licence; (

d) the licence is replaced by another category of licence; (

e) the licence is surrendered in accordance with

Section 20 of the Act. Restricted licence—application and criteria for renewing 62 A member applying to renew a restricted licence must continue to meet the criteria for a restricted licence in subsection 59(1) and provide proof satisfactory to the Registrar that they continue to meet the criteria. No review or appeal of certain conditions and restrictions with renewal of restricted licence 63 Conditions or restrictions agreed upon or ordered by an investigation committee or a hearing committee cannot be reviewed or appealed when applying for a renewal of a restricted licence under

Section 62, and an investigation committee or hearing committee retains jurisdiction over any conditions or restrictions imposed by it.

Part 3: Review and Appeal of Registration and Licensing Decisions

Definitions for

Part 3 64 In this Part, “appeal” means an appeal of a decision of the Registration Committee; 36 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 39, No. 1 “applicant” means an applicant for registration or licensing who is requesting a review of a decision of the Registrar or Registration Committee, as applicable; “application” means an application for registration or licensing; “hearing” means a hearing before the Registration Appeal Committee. Internal Review Process Selection of internal review subcommittee 65

(1) The Registration Committee must establish an internal review subcommittee composed of at least 3 and, except as provided in subsection (2), no more than 5 members of the Registration Committee, at least 1 of whom must be a public representative.

(2) The Registration Committee may appoint additional members to the internal review subcommittee, if the committee considers it necessary.

(3) The Registration Committee must appoint 1 member of the internal review subcommittee to act as chair of the subcommittee.

(4) The internal review process must be conducted by the internal review subcommittee.

(5) A quorum of the internal review subcommittee consists of any 3 members of the internal review subcommittee. Internal review process 66

(1) Any decision of the Registrar to deny registration or refuse to issue or renew a licence may be reviewed under the internal review process.

(2) A person requesting an internal review must pay the applicable fee for internal review.

(3) The fee paid under subsection (2) must be refunded to the applicant if the internal review results in the granting of registration or the issuing of a licence. Request for internal review 67

(1) A request for an internal review must be made to the Registrar in writing no later than 30 days after the date the Registrar’s decision was sent to the applicant.

(2) The Registrar must refer a request for internal review to the chair of the internal review subcommittee. Information provided to subcommittee and applicant 68 No later than 30 days after receiving a request for an internal review, the Registrar must provide the internal review subcommittee and applicant with all of the following: (

a) a copy of the written decision under review; (

b) a copy of all records related to the appli cation and in the possession of the College, subject to any lawful restrictions; (

c) any written information the Registrar considers necessary. © NS Office of the Registrar of Regulations. Web version. 37

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Part II - Regulations Vol. 39, No. 1 New information and submissions of the applicant 69

(1) An applicant may provide new information and make written submissions to the internal review subcommittee (

a) up to 10 business days after receiving information under

Section 68; or (

b) if requested by the applicant, within a l onger time period permitted by the internal review subcommittee.

(2) New information and written submissions provided under subsection (1) must be copied to the Registrar. Subcommittee may decide without meeting applicant 70 An internal review subcommittee may decide any matter without meeting in person with the applicant. Decision of internal review subcommittee 71

(1) An internal review subcommittee must review all material and submissions provided to it and may make any decision that the Registrar could have made with respect to an application.

(2) An internal review subcommittee must make its decision no later than a reasonable time and must render a written decision with reasons no later than 30 days following the time the subcommittee makes its decision. Decision of internal review subcommittee final 72 A decision of an internal review subcommittee is final. Registration Appeal Committee Appeals to be heard by Registration Appeal Committee 73

(1) Except as provided in subsection (2), an appeal from a decision of the Registration Committee must be conducted by the Registration Appeal Committee.

(2) If an agreement is reached under the Regulated Health Professions Network Act to hold an appeal under that Act, the provisions of the Regulated Health Professions Network Act apply. Request for appeal 74

(1) A request for an appeal must be made in writing to the Registrar no later than 30 days from the date the Registration Committee’s decision was sent to the applicant.

(2) An appeal must stipulate the grounds for the appeal.

(3) An applicant requesting an appeal must pay the applicable fee.

(4) The fee paid under subsection (3) must be refunded to the applicant if the appeal results in the granting of registration or the issuing of a licence. Information provided to Registration Appeal Committee and applicant 75 Within a reasonable time after receiving a request for an appeal, the Registrar must provide the Registration Appeal Committee and the applicant with all of the following: (

a) a copy of the written decision being appealed; (

b) a copy of all records related to the appli cation and in the possession of the College, subject to any lawful restrictions; 38 © NS Office of the Registrar of Regulations. Web version.

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c) any written information the Registrar considers necessary. Security may be required 76

(1) On application from the College, the Registration Appeal Committee may require an applicant to deposit security for an appeal with the College in an amount and in the form the Committee determines.

(2) The security paid under subsection (1) must be refunded to the applicant if the appeal results in the granting of registration or the issuing of a licence. Costs of appeal 77 Other than a refund of the fee paid under subsection 66(2) and security paid under subsection 76(1), an applicant is not entitled to any costs for an appeal. Powers of the Registration Appeal Committee 78

(1) The Registration Appeal Committee may determine its own procedure, which may include doing any of the following: (

a) ordering pre-hearing procedures, including pre- hearing conferences that are held in private, and direct the times, dates and places of the hearing for those procedures; (

b) ordering that a hearing, parts of a heari ng or pre-hearing conference be conducted using a means of telecommunication that permits the parties and the committee to communicate simultaneously; (

c) administering oaths and affirmations; (

d) receiving and accepting any evidence and information on oath, affidavit or otherwise as the Registration Appeal Committee considers fit, whether admissible in a court of law or not; (

e) adjourning or postponing a proceeding; (

f) amending or permitting the amendment of an y document filed in connection with the proceeding.

(2) The Registration Appeal Committee may determine whether the proceedings before it must be conducted through written submissions, or whether the parties have a right of attendance before the Registration Appeal Committee for the presentation of evidence or submissions. Time and place of appeal hearing 79 If the Registration Appeal Committee determines that a hearing that requires the attendance of the parties must be held, the Registration Appeal Committee must fix a reasonable time and place for the hearing.

Notice of appeal hearing to applicant 80 The Registrar must provide written notice of an appeal hearing that requires the applicant’s attendance to be given to the applicant at least 14 days before the date set for the hearing. Conduct of hearing before Registration Appeal Committee 81

(1) The parties to a hearing are the College and the applicant.

(2) In a hearing before the Registration Appeal Committee, the parties have the right to all of the following: (

a) representation by legal counsel; © NS Office of the Registrar of Regulations. Web version. 39

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b) if the hearing requires the attendance of the parties, the opportunity to present evidence and to make submissions; (

c) disclosure of all relevant information and documents.

(3) The applicant is a compellable witness in a hearing.

(4) The proceedings of a hearing must be electronically recorded. Evidence at hearing 82

(1) Except as provided in subsection (2), none of the following evidence is admissible at a hearing unless the opposing party has been given the following at least 10 days before the date of the heading [hearing]: (

a) for written or documentary evidence, an opportunity to examine the evidence; (

b) for expert evidence, a copy of the expert’s written report or, if there is no written report, a written

summary of the evidence and the expert’s qualifications; (

c) if the Registration Appeal Committee author izes the attendance of witnesses, the identity of the witnesses.

(2) The Registration Appeal Committee may allow the introduction of evidence that would be otherwise inadmissible and may make any directions it considers necessary to ensure that a party is not prejudiced by the admission of the evidence. Applicant fails to attend hearing 83 If an applicant fails to attend a hearing, the Registration Appeal Committee may proceed with a hearing in the applicant’s absence and take any action authorized under the Act and these regulations. Conclusion of hearing 84

(1) The Registration Appeal Committee must render its decision with reasons within a reasonable time after (

a) the hearing concludes, if a hearing is held; or (

b) its review of the written evidence and written submissions, if no hearing is held.

(2) The Registration Appeal Committee may make any decision the Registrar or the Registration Committee could have made with respect to the application, and may do any of the following: (

a) order the imposition of conditions or r estrictions on the licence of the appellant; (

b) assess any costs to be paid by the applicant a nd determine how any security is credited towards the costs or refunded to the applicant under subsection 76(1).

(3) In clause (2)(b), “costs” includes all of the following: (

a) expenses incurred by the College in the application process; (

b) expenses incurred by the College for the ac tivities of the Registration Appeal Committee; (

c) the College’s solicitor and client costs, in cluding disbursements and HST, relating to the application and the appeal, including those of College counsel and counsel for the Registration 40 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 39, No. 1 Appeal Committee; (

d) fees for retaining a court reporter and preparing transcripts of the proceedings; (

e) travel costs and reasonable expenses of an y witnesses, including expert witnesses, required to appear for the appeal. Decision of Registration Appeal Committee is final 85 A decision of the Registration Appeal Committee is final.

Part 4: Professional Conduct Process

Definitions for this

Part 86 In this Part, “hearing” means a hearing before a hearing committee. Initiating and Investigating Complaint Member referred by Registrar for assessment for incapacity 87

(1) On receiving information, other than a complaint, that suggests a member may be incapacitated, the Registrar may, if the member agrees, refer the member for an assessment for incapacity.

(2) If an assessment under subsection (1) suggests incapacity, the Registrar may refer the matter for remediation as agreed upon between the member and the Registrar.

(3) The Registrar may initiate a complaint against a member who (

a) does not agree to be referred for an assessment for incapacity under subsection (1); or (

b) the Registrar determines is not compliant with remediation agreed upon under subsection (2). Preliminary investigation of complaint 88

(1) On receiving or initiating a complaint, the Registrar may appoint an investigator to conduct a preliminary investigation of the complaint under this Section.

(2) When conducting a preliminary investigation, an investigator may request additional written or oral explanation from the complainant, the respondent or a third party.

(3) The Registrar or an investigator may, with a respondent’s consent, arrange for the respondent to do 1 or more of the following during a preliminary investigation: (

a) submit to physical or mental examinations by a qualified person or persons designated by the Registrar, and authorize the reports from the examinations to be given to the Registrar; (

b) submit to a review or audit of the responde nt’s practice by a qualified person or persons designated by the Registrar, and authorize a copy of the review or audit to be given to the Registrar; (

c) complete a competence assessment or other assessm ent or examination to determine whether the respondent is competent to practice [practise], and authorize the assessment or examination report to be given to the Registrar; (

d) produce any records kept about the respondent’s practice that the Registrar or investigator © NS Office of the Registrar of Regulations. Web version. 41

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Part II - Regulations Vol. 39, No. 1 consider appropriate.

(4) Expenses incurred to take any action under subsection (3) must initially be paid by the College, but may be awarded as costs against the respondent under any of the following circumstances: (

a) under

Section 121; (

b) as part of the terms of a consensual reprim and or consensual conditions or restrictions; (

c) by consent. Resolution of complaint by Registrar 89

(1) Taking into account the results of a preliminary investigation, the Registrar must do 1 or more of the following: (

a) dismiss the complaint and notify the complainan t and the respondent of the dismissal if the Registrar decides that any of the following apply: (

i) the complaint is outside the jurisdiction of the College, (ii) the complaint cannot be substantiated, (iii) the complaint is frivolous or vexatious, (iv) the complaint constitutes an abuse of process, (

v) the complaint does not allege facts th at, if proven, would constitute professional misconduct, conduct unbecoming, incompetence or incapacity, or would merit a caution; (

b) informally resolve the complaint if the Re gistrar considers that the complaint may be satisfactorily resolved consistent with the objects of the College; (

c) authorize the resignation of the member; (

d) if the member and the Registrar agree, refe r the member for an assessment for incapacity and, if the assessment suggests incapacity, refer the matter for remediation as agreed upon between the member and the Registrar; (

e) refer the matter to an investigation committee.

(2) If the Registrar considers it useful, the Registrar may provide written advice relevant to the complaint that is of a non-disciplinary nature to any of the following persons: (

a) the complainant; (

b) the respondent; (

c) any person affected by the complaint.

(3) The Registrar must provide a copy of any written advice provided under clauses (2)(

a) or (

c) to the respondent. 42 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 39, No. 1 Review of complaint dismissal 90

(1) No later than 30 days after a complainant is notified of a dismissal by the Registrar under clause 89(1)(a), the complainant may submit a written request to the Registrar for review of the dismissal by the independent review committee.

(2) The Registrar must send any request for a review of a complaint dismissal received under subsection (1) to both of the following: (

a) the respondent; (

b) the chair of the investigation pool.

(3) On receiving a request for review of a complaint dismissal under clause (2)(b), the chair of the investigation pool must appoint an independent review committee to review the dismissal. Independent review committee 91

(1) The independent review committee consists of all of the following, none of whom are members of Council: (a) 1 public representative; (b) 2 members of the investigation pool.

(2) A quorum of the independent review committee consists of the 3 persons appointed under subsection (1).

(3) All decisions of an independent review committee require the vote of a majority of the quorum of the committee. Decision of independent review committee 92

(1) After reviewing a complaint, any other material considered by the Registrar and the Registrar’s decision, an independent review committee may do any of the following: (

a) confirm the dismissal of some or all of the complaint; (

b) overturn the dismissal of some or all of the complaint and do both of the following: (

i) order an investigation of any aspects of the complaint that have not been dismissed, (ii) refer the matter to be considered by an investigation committee under

Section 95.

(2) An independent review committee must render its decision in writing, with reasons, and provide a copy of the decision to all of the following within a reasonable time: (

a) the Registrar; (

b) the complainant; (

c) the respondent. Decision of independent review committee final 93 A decision of an independent review committee is final. © NS Office of the Registrar of Regulations. Web version. 43

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Part II - Regulations Vol. 39, No. 1 Referral for assessment for incapacity 94

(1) If an assessment for incapacity agreed to under subsection 87(1) or clause 89(1)(

d) cannot be resolved by way of agreement between the Registrar and the member, the matter must be referred to an investigation committee.

(2) If an assessment for incapacity agreed to under subsection 87(1) or clause 89(1)(

d) is resolved by way of agreement between the Registrar and the member, the Registrar must advise the complainant of all of the following: (

a) that the matter has been resolved through remediation under subsection 87(1) or clause 89(1)(d), whichever is applicable; (

b) any conditions or restrictions placed on the member’s ability to practice [practise] that are also made available to the public by the Registrar; (

c) that if the member does not comply with the remedial resolution, the matter will be referred to an investigation committee for processing in accordance with the regulations. Investigation Committees Investigating complaint by investigation committee 95

(1) If a matter has been referred to an investigation committee, the investigation committee may appoint an investigator to conduct or to further an investigation.

(2) When investigating a complaint under subsection (1), an investigator may do any of the following: (

a) request additional written or oral explanation from the complainant, the respondent or a third party; (

b) request an interview of the compla inant, the respondent or a third party; (

c) investigate any matter relating to the respondent that arises in the course of the investigation in addition to the complaint, that may constitute any of the following: (

i) professional misconduct, (ii) conduct unbecoming the profession, (iii) incompetence, (iv) incapacity.

(3) A respondent may submit any information relevant to the complaint to an investigator, including medical information or patient records.

(4) When an investigator has completed their investigation, they must prepare a report of the investigation and provide a copy of the investigation report to the investigation committee. Additional information to investigation committee 96

(1) During an investigation, an investigation committee may at any time direct an investigator to conduct any additional investigation that the investigation committee considers necessary.

(2) In addition to the report of the investigation, an investigation committee may receive any information relevant to the matters before it. 44 © NS Office of the Registrar of Regulations. Web version.

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(3) An investigation committee may do any of the following during an investigation: (

a) provide direction with regard to the investigation; (

b) conduct some or all of the investigation; (

c) exercise any of the powers conferre d upon it under the Act and these regulations. New matters reviewed by investigation committee 97 If any matter in addition to a complaint is considered by an investigation committee, the matter is part of the same investigation and is subject to all the same procedural rules and rights as the initial complaint. Dismissal of complaint by investigation committee 98

(1) An investigation committee may dismiss a complaint and notify the complainant and the respondent of the dismissal if an investigation committee decides that any of the following apply: (

a) the complaint is outside the jurisdiction of the College; (

b) the complaint cannot be substantiated; (

c) the complaint is frivolous or vexatious; (

d) the complaint constitutes an abuse of process; (

e) the complaint does not allege facts that, if proven, would constitute professional misconduct, conduct unbecoming, incompetence or incapacity, or would merit a caution.

(2) If the investigation committee considers it useful, it may provide written advice relevant to the complaint that is of a non-disciplinary nature to any of the following persons: (

a) the complainant; (

b) the respondent; (

c) any person affected by the complaint.

(3) The Registrar must provide a copy of any written advice provided under clause (2)(

a) or (

c) to the respondent. Disposition of complaint by investigation committee 99

(1) An investigation committee must give the respondent a reasonable opportunity to appear before the investigation committee disposes of the matter, and may request or require other persons to appear before it.

(2) An investigation committee may require the respondent to produce any records or documents kept about the respondent’s practice.

(3) An investigation committee may require the respondent to do 1 or more of the following: (

a) submit to physical or mental examinations by a qualified person or persons designated by an investigation committee, and authorize the reports from the examinations to be given to the investigation committee; (

b) submit to a review or audit of the responde nt’s practice by a qualified person or persons © NS Office of the Registrar of Regulations. Web version. 45

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Part II - Regulations Vol. 39, No. 1 designated by the investigation committee, and authorize a copy of the review or audit to be given to the investigation committee; (

c) submit to a competence assessment or other assessment or examination an investigation committee directs to determine whether the respondent is competent to practice [practise], and authorize the assessment or examination report to be given to the investigation committee; (

d) produce any records kept about the respondent ’s practice that the investigation committee considers appropriate.

(4) Expenses incurred for a respondent to comply with a requirement under subsection (3) must initially be paid by the College, but may be awarded as costs against the respondent under the following circumstances: (

a) under

Section 121; (

b) as part of the terms of a consensual reprim and or consensual conditions or restrictions; (

c) by consent.

(5) After providing the opportunity to appear before the investigation committee under subsection (1), the committee must do 1 or more of the following: (

a) dismiss the complaint; (

b) if considered useful by the committee, provide advice relevant to the complaint that is of a non-disciplinary nature to 1 or more of the following persons: (

i) the complainant, (ii) the respondent, (iii) any other person affected by the complaint; (

c) informally resolve the complaint; (

d) caution the respondent; (

e) refer the respondent to the Registrar fo r a competence assessment as determined by the Registrar, and require the respondent to pay for any costs arising from the assessment; (

f) make a determination that there is sufficient evidence that, if proven, (

i) would constitute any of the following: (

A) professional misconduct, (

B) conduct unbecoming, (

C) incompetence, (

D) incapacity, and (ii) warrants imposing a licensing sanction. 46 © NS Office of the Registrar of Regulations. Web version.

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(6) The Registrar must provide a copy of any written advice provided under subclause (5)(b)(

i) or (iii) to the respondent.

(7) If an investigation committee makes a determination under clause (4)(f), the investigation committee must do 1 of the following: (

a) with the respondent’s consent, order 1 or both of the following: (

i) that the respondent receive a reprimand, (ii) that conditions or restrictions be imposed on the respondent’s licence; (

b) refer the matter or matters for a hearing, and if the committee considers it appropriate, direct the Registrar on behalf of the College to attempt to negotiate a settlement agreement in accordance with

Section 101. Notification and disclosure of disposition 100

(1) A licensing sanction imposed under clause 99(7)(

a) must be published in accordance with subsection 118(2).

(2) If an investigation committee refers a matter to a hearing committee under clause 99(7)(b), the Registrar must advise the complainant of the referral and may do 1 or more of the following (

a) disclose to the public that a ma tter has been referred for a hearing; (

b) advise others of the referral for a hearing. Settlement Agreements and Consent Revocation Agreements Preparing and tendering settlement agreements 101

(1) A proposed settlement agreement may be initiated in writing by the Registrar or the respondent at any time before a hearing begins.

(2) A proposed settlement agreement must include all of the following: (

a) sufficient facts and admissions to support the agreed disposition; (

b) an agreement on costs; (

c) the respondent’s consent to a specified disposition conditional on the acceptance of the settlement agreement by an investigation committee and a hearing committee.

(3) A settlement agreement may include any disposition that could be ordered by a hearing committee under the Act or these regulations.

(4) If both the Registrar and the respondent agree with the content of a proposed settlement agreement, the Registrar must refer the settlement agreement to an investigation committee for consideration in accordance with

Section 102.

(5) The Registrar and the respondent may agree to use a mediator to prepare a settlement agreement, and the costs for the mediator must be divided equally between the College and the respondent unless otherwise agreed.

(6) If the Registrar and the respondent cannot agree on the content of a proposed settlement agreement, © NS Office of the Registrar of Regulations. Web version. 47

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Part II - Regulations Vol. 39, No. 1 the matter must be referred for a hearing. Investigation committee recommendations on settlement agreement 102

(1) An investigation committee may recommend acceptance of a settlement agreement if it is satisfied that all of the following conditions are met: (

a) the public is protected; (

b) the conduct or its causes can be, or have b een, successfully remedied or treated, and the respondent is likely to successfully pursue any remediation or treatment required; (

c) the content of the proposed settlement agr eement provides sufficient facts and admissions to support the agreed disposition; (

d) settlement is in the best interests of the public and the profession.

(2) If an investigation committee recommends acceptance of a settlement agreement, the investigation committee must refer the settlement agreement to the hearing committee for consideration in accordance with

Section 103.

(3) If the investigation committee does not recommend acceptance of a settlement agreement, the investigation committee must do 1 of the following: (

a) recommend changes to the settlement agreement that (

i) if agreed upon by the Registrar and the respondent will result in acceptance by the investigation committee, or (ii) if not agreed upon by the Registrar and th e respondent will result in rejection by the investigation committee; (

b) reject the settlement agreement and refer th e complaint considered by the investigation committee to a hearing committee for a hearing. Hearing committee acceptance or rejection of settlement agreement 103

(1) If a hearing committee accepts a settlement agreement, the settlement agreement forms part of the order of a hearing committee disposing of the matter and, except as provided in subsections 104(3) and (4) for breaches of the settlement agreement, there is no hearing.

(2) If a hearing committee does not accept a settlement agreement, it must do 1 of the following: (

a) suggest amendments to the settlement agreem ent and return it to the Registrar and the respondent for review; (

b) reject the settlement agreement, in which case the matter is referred to another panel of a hearing committee for a hearing.

(3) If both the Registrar and the respondent do not agree with the amendments to a settlement agreement suggested under clause (2)(a), the settlement agreement is deemed to be rejected and the matter must be referred to another panel of the hearing committee for a hearing.

(4) If both the Registrar and the respondent agree with the amendments to a settlement agreement suggested under clause (2)(a), the settlement agreement must be approved by a hearing committee. 48 © NS Office of the Registrar of Regulations. Web version.

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(5) A person who sits on a panel of a hearing committee that considers a settlement agreement must not sit on a panel of a hearing committee that conducts a hearing related to the same complaint. Settlement agreements and hearings 104

(1) If a settlement agreement is rejected by a hearing committee, a hearing must proceed without reference to the settlement agreement or any admissions contained in the settlement agreement until after the hearing committee has determined whether professional misconduct, conduct unbecoming, incompetence or incapacity has been proven.

(2) Before deciding whether to award costs in a hearing, a hearing committee may be given a copy of any settlement agreements exchanged between the parties.

(3) An admitted breach by a respondent of any term in an accepted settlement agreement must be referred to a hearing committee for a hearing.

(4) An alleged breach by a respondent of any term in an accepted settlement agreement must be referred to an investigation committee as a Registrar’s complaint. Consent revocation 105

(1) A respondent who admits or does not contest the allegations set out in either of the following may, with the consent of the Registrar, submit a proposed consent revocation agreement to the hearing committee for approval: (

a) the complaint; or (

b) the decision of an investigation committee under subsection 99(7).

(2) A proposed consent revocation agreement must include allegations that, if proven, would result in a revocation of the respondent’s registration and licence.

(3) A hearing committee may accept or refuse a proposed consent revocation agreement submitted under subsection (1), and must provide a written decision with reasons.

(4) A decision to accept a consent revocation agreement must in all respects be treated in the same manner as a revocation ordered by a hearing committee following a hearing, including disclosure and publication in accordance with

Section 118. Hearings Notice of hearing 106

(1) A notice of hearing must be served on the respondent in accordance with the Act.

(2) A notice of hearing must state all of the following: (

a) the details of the charges; (

b) that the respondent may be represented by legal counsel. Amendment of notice of hearing 107

(1) At any time before or during a hearing, a hearing committee may, on its own motion or on the motion of a party to the hearing, amend or alter the notice of hearing for any of the following reasons: (

a) to correct an alleged defect in substance or form; © NS Office of the Registrar of Regulations. Web version. 49

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b) to make the notice conform to the evidence, if there appears to be a difference between the evidence and the notice or if the evidence discloses any of the following that is not stated in the notice: (

i) potential professional misconduct, (ii) conduct unbecoming the profession, (iii) incompetence, (iv) incapacity.

(2) A respondent must be given an opportunity to prepare an answer to an amendment or alteration to a notice of hearing made by a hearing committee.

(3) After receiving a respondent’s answer under subsection (2), a hearing committee may decide that an amendment or alteration to the notice of hearing should not be made and, if considered appropriate, may refer any new allegations to the Registrar for processing as a complaint. Public notice of hearing 108 Subject to any publication bans, the Registrar must give public notice of any scheduled hearings through the College’s website or by any alternate means the Registrar considers appropriate, including all of the following information: (

a) the name of the member; (

b) the date, time and location of a hearing; (

c) reference to any application being made for an order under subsection 109(2) to exclude the public. Attendance at hearing and publication bans 109

(1) Except as provided in subsections (2) or (3), a hearing is open to the public.

(2) At the request of a party, a hearing committee may order that the public, in whole or in part, be excluded from a hearing or any part of it if a hearing committee is satisfied that any of the following apply: (

a) personal, medical, financial or other matters that may be disclosed at the hearing are of such a nature that avoiding public disclosure of those matters in the interest of the public or any person affected outweighs adhering to the principle that hearings should be open to the public; (

b) the safety of any person may be je opardized by permitting public attendance.

(3) A hearing committee may make an order that the public be excluded from a part of a hearing that deals with a request for an order to exclude the public in whole or in part under subsection (2).

(4) A hearing committee may make any orders that it considers necessary, including orders prohibiting publication or broadcasting, to prevent the public disclosure of matters disclosed in a hearing, in any decision rendered by a hearing committee, or with respect to any matter under subsection (2) or (3).

(5) Subject to any order made under this Section, a hearing committee must state at a hearing its reasons for any order made under this Section. 50 © NS Office of the Registrar of Regulations. Web version.

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(6) Despite any decision to exclude the public under this Section, a complainant may attend a hearing unless the hearing committee directs otherwise. Hearing procedures 110

(1) A complainant other than the Registrar cannot participate as a party at a hearing.

(2) A hearing committee may determine any additional rules of procedure for hearings that are not covered by the Act or these regulations.

(3) A hearing committee may exclude a complainant or any witness other than the respondent from a hearing until the complainant or witness is required to give evidence.

(4) Witnesses at a hearing must testify under oath or solemn affirmation.

(5) An oath or affirmation taken at a hearing may be administered by any member of a hearing committee or other person in attendance authorized by law to administer oaths or affirmations.

(6) A hearing committee may require a respondent to do 1 or more of the following during a hearing: (

a) submit to physical or mental examinations by a qualified person or persons designated by a hearing committee, and authorize examination reports to be given to the hearing committee; (

b) submit to a review or audit of the responde nt’s practice by a qualified person or persons designated by a hearing committee, and authorize a copy of the review to be given to the hearing committee; (

c) submit to a competence assessment or other assessment or examination a hearing committee directs to determine whether the respondent is competent to practice [practise], and authorize the assessment report or examination to be given to the hearing committee; (

d) produce any records kept about the respondent’s practice that the hearing committee considers appropriate.

(7) If a respondent fails to comply with a requirement under subsection (5), a hearing committee may order that the respondent’s licence be suspended until the respondent complies.

(8) Expenses incurred for a respo

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 195/2014
Date	2014-01-01
Type	gazette
Volume / chapter	just regulations rg2 2015 ja0915
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	54fc37e4a771702123107e8eb4252fd61e0b4be7

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