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Medical Imaging and Radiation Therapy Professionals Regulations

made under subsection 11(1) of the

Medical Imaging and Radiation Therapy Professionals Act

S.N.S. 2013, c. 7

O.I.C. 2020-235 (effective September 8, 2020), N.S. Reg. 115/2020

amended to O.I.C. 2024-389 (effective October 29, 2024), N.S. Reg. 227/2024

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Interpretation and Board Appointments

Citation

Definitions

Public representatives to Board

Part 1: Registration and Licensing

Licence Categories, Register and Rosters

Categories of licences

Information in registers and rosters

Conditions or restrictions on licence when restored to roster

Application for registration, licensing or licence renewal

Registration and licensing decisions made by Registrar

Application and criteria for registration

Licence suspension for failure to comply with renewal requirements

Licence suspended for non-payment or failure to act by date

Waiver of criteria for registration and licensing

Practising Licences

Application and criteria for practising licence

Practising licence permitted activities

Registrant’s records of hours of work

Practising licence term

Practising licence criteria for renewal

Practising licence with conditions criteria

Practising licence with conditions permitted activities

Practising licence with conditions term

Practising licence with conditions criteria for renewal

Temporary Licences

Temporary licence with or without conditions permitted activities

Temporary licence with or without conditions term and renewal

Application and criteria for temporary licence (graduate)

Temporary licence (graduate) term

Temporary licence (graduate) permitted activities

Interdisciplinary Authorization Process

Board approval of interdisciplinary authorization process requirements and standards of

practice for practising designated aspect of another discipline

Application for authorization to practise designated aspect of another discipline

Authorization to practise designated aspect of another discipline by Credentials

Committee

Required activities of authorized registrant

Term of authorization to practise designated aspect of another discipline

Publication of authorized registrants

Advanced Practice

Application and approval process

Criteria for engagement in advanced practice

Record of registrants authorized to engage in advanced practice

Publication of registrants authorized to engage in advanced practice

Part 2: Professional Conduct

Definitions for

Part 2

Initiating and Investigating Complaint

Notice of complaint to respondent

Preliminary investigation of complaint

Resolution of complaint by Registrar

Review of complaint dismissal

Decision of Investigative Committee on review

Referral to Investigative Committee

Jurisdiction of Investigative Committee

Investigation of complaint

Additional information to Investigative Committee

Rights of respondent

Dismissal of complaint by Investigative Committee

Disposition of complaint by Investigative Committee

Settlement Proposals

Preparing and tendering settlement proposals

Investigative Committee actions when settlement proposal referred

Professional Conduct Committee actions when settlement proposal referred

Settlement proposals and hearings

Consent revocation

Fitness to Practise Program

Fitness to Practise Committee

Chair and vice-chair of Fitness to Practise Committee

Appointment of panel of Fitness to Practise Committee

Notice, quorum and voting

Functions, duties and procedures of Fitness to Practise Committee

Powers of commissioner under Public Inquiries Act

Referral to Fitness to Practise Committee

Duties after referral to Fitness to Practise Committee

Proceeding before Fitness to Practise Committee

Referral to Registrar from Fitness to Practise Committee

Committee’s jurisdiction over matter involving registrant

Updating College’s records and notice of licensing status

Hearings

Notice of hearing

Amendment of notice of hearing

Public notice of hearing

Attendance at hearing

Parties to hearing

Hearing procedures

Respondent fails to attend hearing

Subpoenaed witness fees

Recording evidence at hearing

Preserving evidence

Disposition by Professional Conduct Committee

Written decision of Professional Conduct Committee

Disclosing Professional Conduct Committee’s decision to dismiss complaint

Disclosing and publishing licensing sanctions

Contents of

summary of decision

Publication if finding of incapacity without hearing

Costs awarded after hearing

Reinstatement of Registration or Licence

Applying for reinstatement of registration or licence

Investigation concerning reinstatement application

Reinstatement application proceedings

Attendance at reinstatement application proceeding

Public notice of application for reinstatement

Decision of Reinstatement Committee

Costs of reinstatement application

Interpretation and Board Appointments

Citation

1 These regulations may be cited as the Medical Imaging and Radiation Therapy

Professionals Regulations .

Definitions

(1) In these regulations,

“Act” means the Medical Imaging and Radiation Therapy Professionals Act ;

“advanced practice” means an area of practice within the broader scope of practice

of medical imaging or radiation therapy that the Board has determined a registrant

can only engage in if they have completed the Board-approved authorization

process, including any prerequisite requirements;

“applicable fee” means the applicable fee set by the Board;

“authorized registrant” means a registrant licensed by the College who is

authorized to practise 1 or more designated aspects of another discipline;

“bridging education” means a program approved by the Credentials Committee to

address gaps in the competencies of a registrant or an applicant that have been

identified through a competence assessment or information provided by the

registrant or applicant;

“CAMRT” means the Canadian Association of Medical Radiation Technologists

or its successor or replacement as determined by the Board;

“competence assessment” means a program approved by the Credentials

Committee to assess the competence of a registrant or an applicant using any of the

following:

(

i) interviews,

(ii) verification of documents,

(iii) observation,

(iv) reflective practice,

(

v) self-assessments,

(vi) testing,

(vii) chart audits,

(viii) self-assessments,

(ix) written tests,

(

x) live demonstrations of competency;

“continuing competence program” means a program approved by the Board for

maintaining and enhancing the competence of registrants;

“Credentials Committee” means the Credentials Committee appointed under the

Act;

“currency of practice requirements” means those requirements approved by the

Board that a registrant must meet to establish the registrant is current in practice;

“Fitness to Practise Committee” means a committee established under

Section 44

to address issues of incapacity;

“Fitness to Practise Program” means the process for addressing issues of incapacity

set out in Sections 44 to 55;

“interdisciplinary authorization process” means the process to authorize registrants

licensed in 1 discipline to engage in the practice of 1 or more designated aspects of

another discipline that is approved by the Board in accordance with subsection

22(2) of the Act;

“licensing year” means a 12-month period determined by the Board;

“notice of hearing” means the notice of hearing required by subsection 66(2) of the

Act;

“registration examination” means a certification examination endorsing a licence in

a discipline that is administered by an organization approved by the Board.

(2) In the Act and these regulations,

“Canadian Association of Registered Diagnostic Ultrasound Professionals” means

Sonography Canada or its successor or replacement as determined by the Board;

“radiation therapy” is further defined to include research, education, consultation,

management, administration, information technology, regulation and policy or

system development relevant to the practices set out in the definition in the Act.

Public representatives to Board

3 Public representatives to the Board must be appointed by the Governor in Council in

accordance with processes set by the Governor in Council.

Part 1: Registration and Licensing

Licence Categories, Register and Rosters

Categories of licences

4 The following are the categories of licences for all disciplines:

(

a) practising licence;

(

b) practising licence with conditions;

(

c) temporary licence;

(

d) temporary licence with conditions;

(

e) temporary licence (graduate).

Information in registers and rosters

(1) The Registrar must maintain a register containing the names of all registrants.

(2) In addition to the name of each registrant, the register must contain all of the

following information regarding each registrant:

(

a) name and location of educational institution attended;

(

b) year registrant graduated from educational institution;

(

c) name and date of completion of registration examination;

(

d) date of entry in the register.

(3) The Registrar must keep a separate roster for each category of licence in each

discipline.

Conditions or restrictions on licence when restored to roster

6 Any conditions or restrictions previously imposed on a person’s licence that have not

expired remain in effect on any new licence issued to the person upon restoration of the

person’s name to a roster under subsection 30(2) of the Act.

Application for registration, licensing or licence renewal

Registration and licensing decisions made by Registrar

(1) After the Registrar receives and reviews an application from an applicant for

registration, licensing or renewal of their licence, the Credentials Committee must

direct the Registrar to do 1 or more of the following:

(

a) approve the application without conditions or restrictions and issue the

requested registration, licence or renewal of licence, if the Credentials

Committee determines that the criteria have been met;

(

b) issue a conditional licence with conditions or restrictions agreed upon by the

Credentials Committee and the applicant;

(

c) deny the application.

(2) If the Registrar issues a registration, licence or renewal of licence under clause

(1)(

a) or (b), the Registrar must record the name of the registrant in the register and

the roster for the relevant category of licence.

(3) If the Credentials Committee denies the application under clause (1)(c), it must

(

a) provide the applicant with a written decision with reasons;

(

b) direct the Registrar to inform the applicant of their right to have the decision

reviewed by the Registration Appeal Committee in accordance with the Act.

(4) When considering an application for registration, licensing or renewal of a licence,

the Credentials Committee may do 1 or more of the following:

(

a) request that the Registrar obtain additional information;

(

b) require an applicant to satisfactorily complete such competence assessments

and bridging education as determined by the Committee;

(

c) extend the term of an applicant’s existing registration or licence until it has

made a decision.

Application and criteria for registration

(1) An applicant for registration must submit all of the following:

(

a) a completed application in a form prescribed by the Registrar;

(

b) payment of the applicable fee, within the time period determined by the

Registrar and through a method acceptable to the Registrar;

(

c) proof satisfactory to the Credentials Committee that the applicant is the

person named in the documentation submitted in support of the application;

(

d) any information the Credentials Committee requires to establish whether

Section 55 of the Act applies to the applicant;

(

e) proof that the applicant meets all of the criteria set out in subsection (2);

(

f) any additional information required by the Credentials Committee to assess

whether the applicant meets the criteria in subsection (2).

(2) An applicant for registration must meet all of the following criteria:

(

a) they have completed 1 of the following:

(

i) an approved education program,

(ii) an education program in another jurisdiction that made the applicant

eligible for registration in that jurisdiction and that, in the opinion of

the Credentials Committee, is equivalent to an approved education

program,

(iii) an education program that, in the opinion of the Credentials

Committee, provides the applicant with comparable competencies to

those of a person who graduated from an approved education

program when combined with the applicant’s additional education

and relevant experience;

(

b) they have successfully completed any examinations approved by the Board

for the discipline in which a licence is sought;

prescribed by the Board;

(

d) they are a Canadian citizen or are legally entitled to live and work in

Canada;

(

e) they have the capacity, competence and character to safely and ethically

engage in practice;

(

f) they have no outstanding complaints, prohibitions, conditions, agreements

or restrictions from any registration or licensing authority that would prevent

the applicant from being registered.

(3) In addition to the criteria in subsection (2), a graduate of a program other than an

approved education program must complete any competence assessment required

by the Credentials Committee and any bridging education required as a result of

the competence assessment as selected by the Credentials Committee.

Licence suspension for failure to comply with renewal requirements

(1) The Registrar may suspend the licence of any registrant who fails to comply with

the deadlines for renewing licences and paying fees set out in these regulations.

(2) The Registrar must send a registrant whose licence is suspended under subsection

(1) written notice of the suspension that includes a statement that

(

a) the registrant may apply to the Registrar for the licence to be reissued; and

(

b) the licence may be reissued if the registrant complies with the renewal

requirements by the deadline determined by the Registrar and pays any

applicable fees and penalties.

(3) At the expense of the person whose licence is suspended, the Registrar may take

any steps that the Registrar considers necessary to bring a suspension issued under

this

Section to the attention of the public and other affected parties, including

employers.

(4) A suspension issued under this

Section is not a licensing sanction and may not be

reported on a certificate of standing sent to other regulatory bodies.

Licence suspended for non-payment or failure to act by date

(1) The Registrar may suspend a registrant’s licence without notice or investigation for

the contravention of a regulation that requires the registrant to pay a fee, file a

document or do any other act by a specified or ascertainable date.

(2) A licence suspended under subsection (1) may only be reinstated by the Registrar

after

(

a) the registrant pays the fee, files the document or carries out whatever act

was required; and

(

b) the registrant pays a fine, as determined by the Board.

Waiver of criteria for registration and licensing

(1) The Registrar, the Credentials Committee or the Registration Appeal

Committee must waive criteria for registration or licensing in these

regulations if

(

a) the criteria conflict with the requirements of the Canada Free Trade

Agreement; or

(

b) it is required by law.

(2) The requirements of these regulations respecting registration or licensing do not

apply if the Registrar, Credentials Committee or Registration Appeal Committee

consider it to be consistent with the objects and purpose of the College.

Practising Licences

Application and criteria for practising licence

(1) An applicant for a practising licence must submit all of the following:

(

a) a completed application in a form prescribed by the Registrar;

(

b) payment of the applicable fee, no later than the deadline determined by the

Registrar and through a method acceptable to the Registrar;

(

c) proof satisfactory to the Credentials Committee that the applicant meets the

criteria for licensing in subsection (2).

(2) An applicant for a practising licence must meet all of the following criteria:

(

a) they continue to meet the criteria in subclauses 8(2)(b), (

d) and (e);

(

b) they have professional liability insurance or another form of malpractice

coverage or liability protection in the form and amount set by the Board;

(

c) they meet the requirements of the continuing competence program for the

discipline for which a licence is sought;

(

d) they meet the currency of practice requirements for the discipline for which

a licence is sought;

(

e) they have no prohibitions, conditions, agreements or restrictions on their

ability to practise from any registration or licensing authority.

Practising licence permitted activities

13 A registrant who holds a practising licence and whose name is entered in the practising

roster may do all of the following:

(

a) use the titles and abbreviations set out in

Section 23 of the Act, if the criteria

for the use of such titles and abbreviations have been met;

(

b) practise in the disciplines for which the registrant’s licence is endorsed,

within the registrant’s scope of practice;

(

c) if elected, hold office on the Board;

(

d) serve as an appointed registrant on any committee of the College;

(

e) receive all official College publications;

(

f) attend, participate and vote at meetings of the College.

Registrant’s records of hours of work

(1) A registrant must keep a record of the hours that they work in practice in each

discipline that includes records for at least the last 5 years.

(2) The College may conduct an audit of records kept under subsection (1) at any time

to ensure the validity of data respecting currency of practice in applications to the

College.

Practising licence term

(1) Except as provided in subsection (2), a practising licence is valid until the end of

the licensing year in which it is issued or an earlier expiry date specified on the

licence.

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

(

a) the registrant’s registration is revoked;

(

b) the registrant’s licence is suspended or revoked;

(

c) the registrant’s licence is changed through the imposition of terms,

conditions or restrictions under the Act or these regulations;

(

d) the registrant fails to continue to meet the criteria for a practising licence;

(

e) the licence is surrendered in accordance with clause 30(1)(

d) of the Act;

(

f) the licence is replaced by another category of licence.

Practising licence criteria for renewal

(1) The Registrar must renew a registrant’s practising licence on receiving all of the

following from the applicant no later than the deadline for renewal set by the

Board:

(

a) a completed application in a form prescribed by the Registrar, together with

payment of the applicable fee and any penalties incurred for late application,

no later than the deadline determined by the Registrar and through a method

acceptable to the Registrar;

(

b) proof satisfactory to the Registrar that the registrant continues to meet the

licensing criteria set out in

Section 12;

(

c) for a registrant who has practised outside the Province in the previous year,

proof satisfactory to the Registrar that the registrant has no outstanding

complaints, prohibitions, conditions or restrictions that, in the opinion of the

Credentials Committee, would prevent issuing a practising licence to the

registrant.

(2) An application for renewal received after the renewal deadline set by the Board

must be treated as a new application for licensing.

Practising licence with conditions criteria

(1) The Registrar must issue a practising licence with conditions to a registrant if, in

addition to meeting the criteria for registration in

Section 8, the registrant meets all

of the following criteria:

(

a) any conditions or restrictions on the registrant have been imposed in 1 of the

following ways:

(

i) with the registrant’s consent by the Credentials Committee or the

Registration Appeal Committee,

(ii) as a result of a decision of any committee under the Act or these

regulations;

(

b) the applicant meets the criteria for a practising licence except the criterion in

clause 12(2)(d).

(2) If a Committee imposes conditions or restrictions on a registrant under these

regulations, particulars of the conditions or restrictions imposed must be noted in

the records of the College and may be disclosed to the public subject to any

publication ban imposed by the Committee.

Practising licence with conditions permitted activities

18 A registrant who holds a practising licence with conditions has all of the privileges set

out in

Section 13, other than as modified by the restrictions or conditions.

Practising licence with conditions term

(1) Except as provided in subsection (2), a practising licence with conditions remains

valid until the end of the licensing year in which it is issued or an earlier expiry

date specified on the licence, as determined by the Committee issuing the condition

or restriction.

(2) A practising licence with conditions ceases to be valid if 1 of the following occurs:

(

a) the registrant’s registration is revoked;

(

b) the registrant’s licence is suspended or revoked;

(

c) the registrant fails to continue to meet the criteria for a practising licence

with conditions;

(

d) the registrant fails to comply with the conditions or restrictions on the

registrant’s licence;

(

e) the licence is surrendered in accordance with clause 30(1)(

d) of the Act;

(

f) the licence is replaced by another category of licence.

Practising licence with conditions criteria for renewal

(1) The Registrar must renew a registrant’s practising licence with conditions on

receiving all of the following from the applicant no later than the deadline for

renewal set by the Board:

(

a) a completed application in a form prescribed by the Registrar, together with

payment of the applicable fee and any penalties incurred for late application,

no later than the deadline determined by the Registrar and through a method

acceptable to the Registrar;

(

b) proof satisfactory to the Registrar that the registrant continues to meet the

licensing criteria set out in subsection 17(1);

(

c) for a registrant who has practised outside the Province in the previous year,

proof satisfactory to the Registrar that the registrant has no outstanding

complaints, prohibitions, conditions or restrictions that would, in the

opinion of the Credentials Committee, prevent the registrant from being

issued a practising licence with conditions.

(2) An application for renewal received after the renewal deadline set by the Board

must be treated as a new application for licensing.

(3) Restrictions or conditions imposed on a practising licence with conditions that

have not expired remain in effect on any new practising licence with conditions

issued to the registrant.

Temporary Licences

Temporary licence with or without conditions permitted activities

21 A registrant who is issued a temporary licence and is entered in the temporary roster or

temporary with conditions roster may do all of the following:

(

a) practise within the registrant’s individual scope of practice, subject to any

conditions or restrictions imposed by the Credentials Committee;

(

b) attend and participate in meetings of the College as a non-voting registrant;

(

c) use protected titles, as determined by the Credentials Committee and with

such qualification as may be determined by the Credentials Committee.

Temporary licence with or without conditions term and renewal

(1) A temporary licence with or without conditions that ceases to be valid before the

date specified in the licence, ceases to be valid on the earliest of all of the

following dates:

(

a) the date that the licence is suspended or revoked;

(

b) the date that the registrant’s registration is revoked;

(

c) the date that the registrant fails to continue to meet the criteria for a

temporary licence;

(

d) the date that the registrant fails to comply with any conditions or restrictions

on the registrant’s temporary licence;

(

e) the date that the temporary licence is surrendered in accordance with clause

30(1)(

d) of the Act;

(

f) the date that the temporary licence is replaced by another category of

licence.

(2) The Credentials Committee may determine whether the holder of a temporary

licence with or without conditions is authorized to use any of the protected titles

set out in

Section 23 of the Act.

(3) The holder of a temporary licence with or without conditions may apply to the

Credentials Committee for a renewal of their licence no later than the deadline for

renewal set by the Board and the Credentials Committee, in its absolute discretion,

must determine whether to issue the renewal upon payment of the prescribed fee.

(4) [Original text does not include subsection 22(4).]

(5) An application for renewal received after the renewal deadline set by the Board

must be treated as a new application for licensing.

Application and criteria for temporary licence (graduate)

(1) An applicant for a temporary licence (graduate) must submit all of the following:

(

a) any completed application form prescribed by the Registrar;

(

b) the applicable fee, no later than the deadline determined by the Registrar

and through a method acceptable to the Registrar.

(2) The criteria for issuing a temporary licence (graduate) to a person are all of the

following:

(

a) the person must have completed an approved education program in the

relevant discipline, but have not passed the relevant registration examination

for that discipline;

(

b) the person must have applied to write the next available relevant registration

examination;

(

c) the person must not hold a practising licence;

(

d) the person must not have been previously issued a temporary licence

(graduate).

Temporary licence (graduate) term

24 A temporary licence (graduate) expires on the earliest of the following dates:

(

a) the date specified in the licence;

(

b) the date that the licence holder passes the relevant registration examination;

(

c) that date that the licence holder fails to access the next available sitting of

the registration examination;

(

d) the date that the licence holder fails to pass the relevant registration

examination.

Temporary licence (graduate) permitted activities

(1) A person who holds a temporary licence (graduate) may do all of the following:

(

a) practise only under the general supervision of a registrant licensed in the

relevant discipline and in accordance with the terms approved for that

discipline by the Credentials Committee;

(

b) use the designation “graduate” with any of the protected titles for the

relevant discipline set out in

Section 23 of the Act, subject to such

qualification as may be determined by the Credentials Committee.

(2) A person who holds a temporary licence (graduate) may not delegate any act of

practice to another person who does not hold a relevant licence under the Act.

Interdisciplinary Authorization Process

Board approval of interdisciplinary authorization process requirements and standards of

practice for practising designated aspect of another discipline

25A The Board must approve the requirements of the interdisciplinary authorization process

that registrants must meet and the standards of practice that authorized registrants must

adhere to when practising a designated aspect of another discipline and may establish

any of the following as part of those approvals:

(

a) the designated aspects of another discipline that a registrant can practise and

whether the registrant requires authorization prior to practising a designated

aspect;

(

b) restrictions and conditions under which an authorized registrant must

practise when practising a designated aspect of another discipline, including

in relation to the practice setting and supervision requirements;

(

c) application requirements, including forms and fees;

(

d) educational requirements, including approved schools or programs;

(

e) examination requirements;

(

f) currency of practice requirements;

(

g) continuing competence requirements;

(

h) standards of practice;

(

i) any other requirements the registrant must meet to ensure that they possess

the capacity, competence and character to safely and ethically engage in the

practice of a designated aspect of another discipline.

Application for authorization to practise designated aspect of another discipline

25B

(1) A registrant seeking authorization by the Registrar to practise 1 or more designated

aspects of another discipline must apply for that authorization by submitting all of

the following:

(

a) a completed application, in a form prescribed by the Board and within the

time period determined by the Registrar;

(

b) payment of the applicable fee, within the time period determined by the

Registrar and through a method acceptable to the Registrar;

(

c) proof the registrant meets all of the criteria described in subsection (2);

(

d) any additional information required by the Registrar or Credentials

Committee to assess whether the applicant meets the criteria described in

subsection (2).

(2) A registrant applying to the Registrar for authorization to practise 1 or more

designated aspects of another discipline must meet all of the following criteria

established by the Board:

(

a) they have completed 1 of the following:

(

i) educational requirements approved by the Board, if any, within the

time frame established by the Board,

(ii) education that, in the opinion of the Credentials Committee and

when combined with the registrant’s existing education and relevant

experience, provides the registrant with competencies comparable to

those of a person who completed the educational requirements

approved by the Board;

(

b) they have successfully completed any examinations approved by the Board

within the time frame established by the Board;

(

c) they possess the capacity, competence and character to safely and ethically

engage in the practice of 1 or more designated aspects of another discipline;

(

d) they have proof satisfactory to the Registrar that they satisfy the currency of

practice requirements approved by the Board;

(

e) they have no outstanding complaints, prohibitions, conditions, agreements

or restrictions originating from any registration or licensing authority that

would preclude authorization.

(3) Despite this Section, any requirements for application for authorization to practise

1 or more designated aspects of another discipline may be waived if it is

determined by the Registrar or Credentials Committee to be in the public interest

to do so.

(4) The Registrar must review an application for authorization to practise 1 or more

designated aspects of another discipline submitted under subsection (1) and, after

reviewing the application, do 1 of the following:

(

a) request additional information from the registrant;

(

b) if the Registrar determines that the criteria described in subsection (2) have

been met, approve the application and authorize the registrant to practise 1

or more designated aspects of another discipline without conditions or

restrictions;

(

c) refer the application to the Credentials Committee if the Registrar

determines any of the following:

(

i) it is unclear whether the registrant meets the criteria described in

subsection (2),

(ii) the registrant does not meet the criteria described in subsection (2),

(iii) conditions or restrictions may need to be imposed on the registrant’s

practice of 1 or more designated aspects of another discipline.

Authorization to practise designated aspect of another discipline by Credentials

Committee

25C

(1) If the Registrar refers an application for authorization to practise 1 or more

designated aspects of another discipline to the Credentials Committee under clause

25B(4)(c), the Credentials Committee must review the application and any other

information provided by the Registrar.

(2) The Credentials Committee may do any of the following when reviewing an

application for authorization to practise 1 or more designated aspects of another

discipline:

(

a) request that the Registrar obtain and submit additional information from the

registrant;

(

b) require the registrant to satisfactorily complete any competence assessments

and bridging education the Credentials Committee determines is necessary.

(3) After reviewing an application for authorization to practise 1 or more designated

aspects of another discipline and any other information received under subsections

(1) or (2), the Credentials Committee must direct the Registrar to do 1 of the

following:

(

a) if the Credentials Committee determines that the criteria described in

subsection 25B(2) have been met, approve the application and authorize the

registrant to practise 1 or more designated aspects of another discipline

without conditions or restrictions;

(

b) approve the application and authorize the registrant to practise 1 or more

designated aspects of another discipline with conditions or restrictions;

(

c) deny the application.

(4) If the Credentials Committee determines that a registrant does not meet the criteria

described in subsection 25B(2) and directs the Registrar to deny the application or

directs the Registrar to approve the application and authorize the registrant to

practise 1 or more designated aspects of another discipline with conditions or

restrictions, the Credentials Committee must provide its decision to the registrant

in writing.

(5) A decision made by the Credentials Committee under subsection (3) is final.

Required activities of authorized registrant

25D An authorized registrant must do all of the following:

(

a) practise within the registrant’s individual scope of practice;

(

b) practise within the restrictions and conditions outlined in the standards of

practice approved by the Board under

Section 25A;

(

c) practise as authorized by the Registrar and in accordance with any

conditions and restrictions imposed by the Credentials Committee.

Term of authorization to practise designated aspect of another discipline

25E

(1) Except as provided in subsection (2), an authorization to practise 1 or more

designated aspects of another discipline remains in effect until the end of the

licensing year in which it is issued or an earlier expiry date specified on the

authorization by the Registrar or Credentials Committee.

(2) An authorization ceases to be valid if any of the following occurs:

(

a) the authorization is suspended or revoked;

(

b) the authorized registrant’s licence is suspended or revoked;

(

c) the authorized registrant fails to continue to meet the criteria for a practising

licence;

(

d) the authorized registrant fails to continue to meet the criteria described in

subsection 25B(2);

(

e) the authorized registrant surrenders their licence;

(

f) the authorized registrant’s licence expires;

(

g) there are conditions or restrictions placed on the authorized registrant

through agreement or as a result of a decision made under a regulatory

process under the Act that preclude the registrant from practising 1 or more

designated aspects of another discipline.

Renewal of authorization to practise designated aspect of another discipline

25F An authorized registrant applying to renew an authorization to practise 1 or more

designated aspects of another discipline must submit all of the following to the

Registrar:

(

a) a completed application, in a form prescribed by the Board, together with

payment of the applicable fee and any penalties incurred for late application,

no later than the deadline determined by the Registrar and through a method

acceptable to the Registrar;

(

b) proof satisfactory to the Registrar that the registrant continues to meet the

criteria described in subsection 25B(2).

Publication of authorized registrants

25G The Registrar may publish on the College’s website and in any other manner determined

by the Board a record of all authorized registrants and any conditions or restrictions

imposed on those authorized registrants by the Credentials Committee.

Advanced Practice

Application and approval process

25H Under clause 11(1)(

c) of the Act and as authorized by these regulations, the Board may

prescribe any of the following:

(

a) the procedures for identifying and approving advanced practice areas;

(

b) the prerequisites a registrant must satisfy to obtain approval to engage in

advanced practice;

(

c) the application and approval process for registrants seeking to engage in

advanced practice.

Criteria for engagement in advanced practice

25I A registrant may engage in advanced practice if the registrant has

(

a) met the prerequisites for approval to engage in advanced practice as

prescribed by the Board under clause 25H(b); and

(

b) been approved to engage in advanced practice in accordance with the

process prescribed by the Board under clause 25H(c).

Record of registrants authorized to engage in advanced practice

25J The Registrar must keep a record of all registrants authorized to engage in advanced

practice that includes all of the following information:

(

a) the nature of advanced practice a registrant is engaged in;

(

b) any conditions or restrictions on a registrant’s ability to engage in advanced

practice.

Publication of registrants authorized to engage in advanced practice

25K The Registrar must publish on the College’s website and in any other manner

determined by the Board a record of all registrants authorized to engage in advanced

practice and any conditions or restrictions imposed on those registrants.

Part 2: Professional Conduct

Definitions for

Part 2

26 In this Part,

“caution” means a determination by the Investigative Committee that a registrant

may have breached the standards of professional ethics or practice expected of

registrants in circumstances that do not constitute professional misconduct, conduct

unbecoming the profession, incompetence or incapacity and that is not considered

to be a licensing sanction;

“counsel” means a determination by the Investigative Committee that a registrant

could benefit from professional guidance from the College about the subject matter

of a complaint in circumstances that do not constitute professional misconduct,

conduct unbecoming the profession, incompetence or incapacity and that is not

considered to be a licensing sanction.

Initiating and Investigating Complaint

Notice of complaint to respondent

27 On receiving or initiating a complaint, the Registrar must send a copy of the complaint to

the respondent.

Preliminary investigation of complaint

(1) On receiving or initiating a complaint, the Registrar may appoint an investigator,

who may or may not be a member of the Investigative Committee, to conduct a

preliminary investigation of the complaint under this Section.

(2) The Registrar or an investigator may do 1 or more of the following:

(

a) request additional information in written or oral form from the complainant,

the respondent or a third party;

(

b) request to interview the complainant, the respondent or a third party.

(3) The Registrar or an investigator may, with the respondent’s consent, arrange for

the respondent to do 1 or more of the following during a preliminary investigation:

(

a) if the Registrar or investigator has reasonable or probable grounds to believe

that the respondent has an issue of incapacity, 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 respondent’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) submit to a competence assessment or other assessment or examination to

determine whether the respondent is competent to practise, and authorize

the assessment or examination report to be given to the Registrar;

(

d) produce any records regarding the respondent’s practice that the Registrar or

investigator considers appropriate.

(4) The Registrar or an investigator may 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:

(

a) professional misconduct;

(

b) conduct unbecoming the profession;

(

c) incompetence;

(

d) incapacity.

(5) A respondent may submit medical information and any information relevant to the

complaint to the Registrar or an investigator.

(6) 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) if a finding is made against the respondent at a hearing;

(

b) as part of the terms of a consensual reprimand or consensual conditions or

restrictions;

(

c) as part of an informal resolution;

(

d) by consent.

Resolution of complaint by Registrar

(1) Taking into account the results of any preliminary investigation, the Registrar must

do 1 or more of the following:

(

a) dismiss the complaint and notify the complainant 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 that, if proven, would constitute

professional misconduct, conduct unbecoming the profession,

incompetence or incapacity, or would merit a caution or counsel,

(vi) the processing of the complaint would not advance the objects of the

College;

(

b) informally resolve the complaint if the Registrar considers it would be

consistent with the objects of the College;

(

c) authorize the resignation of the respondent from the register and any

relevant rosters if the Registrar considers that would be consistent with the

objects of the College;

(

d) if the Registrar is satisfied that a respondent has engaged in practice without

a valid licence, fine the respondent an amount determined by the Board;

(

e) if the respondent and the Registrar agree, refer the respondent to the Fitness

to Practise Committee;

(

f) refer the matter to the Investigative Committee.

(2) On disposing of a complaint, 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) a person or organization 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.

(4) A fine imposed under clause (1)(

d) is not a licensing sanction and may not be

reported on a certificate of standing sent to other regulatory bodies.

(5) If a respondent fails to pay a fine imposed under clause (1)(d), the Registrar must

refer the matter to the Investigative Committee.

(6) On receiving a referral under subsection (5), the Investigative Committee may

direct the Registrar to suspend a respondent’s licence or suspend the ability of a

respondent to obtain a licence until the fine is paid, along with any reinstatement

fee ordered by the Investigative Committee.

(7) The Registrar must suspend a respondent’s licence or ability to obtain a licence in

accordance with a direction of the Investigative Committee under subsection (6).

(8) The Registrar may take such steps, at the expense of a respondent who is

suspended for non-payment of a fine under subsection (6), to bring the suspension

to the attention of the public and other affected individuals as the Registrar

considers necessary.

Review of complaint dismissal

(1) No later than 30 days after a complainant is notified of the dismissal of a complaint

by the Registrar under subclause 29(1)(a), the complainant may submit a written

request for review of the dismissal to the Registrar.

(2) The Registrar must send any request for review of a complaint dismissal received

under subsection (1) to both of the following:

(

a) the respondent;

(

b) the Chair of the Investigative Committee.

(3) On receiving a request for review of a complaint dismissal under clause (2)(b), the

Chair of the Investigative Committee must appoint a panel to review the dismissal.

Decision of Investigative Committee on review

(1) After reviewing the complaint and any material considered by the Registrar when

making the decision to dismiss the complaint and the Registrar’s decision, the

panel of the Investigative Committee appointed under subsection 30(3) 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 1 or 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 a differently constituted panel of

the Investigative Committee.

(2) After conducting a review under subsection (1), the Investigative 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.

(3) A decision of the Investigative Committee under subsection (1) is final.

Referral to Investigative Committee

(1) The Registrar may refer a complaint to the Investigative Committee at any time

and ask the Investigative Committee to do 1 or more of the following:

(

a) provide direction with regard to the investigation;

(

b) exercise any of the powers conferred upon it under the Act and these

regulations.

(2) When referring a complaint to the Investigative Committee under subsection (1),

the Registrar must send a copy of the complaint to the Investigative Committee.

Jurisdiction of Investigative Committee

33 In addition to as set out in subsection 47(2) of the Act, once a matter is referred to the

Investigative Committee, the Committee retains jurisdiction over it until such time as, if

the matter may involve incapacity and the respondent and the Registrar agree, the

Investigative Committee refers the matter to the Fitness to Practise Committee.

Investigation of complaint

(1) The Investigative Committee may set its own procedures for investigations and the

review of complaints if procedures are not set out by the Act or these regulations.

(2) The Investigative Committee may appoint an investigator, who may or may not be

a member of the Investigative Committee, to conduct or to further an investigation

of a complaint that is referred to the Investigative Committee.

(3) When investigating a complaint, the investigator or Investigative Committee may

do 1 or more of the following:

(

a) request additional information in written or oral form from the complainant,

the respondent or a third party;

(

b) request to interview the complainant, the respondent or a third party.

(4) An investigator or the Investigative Committee may 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:

(

a) professional misconduct;

(

b) conduct unbecoming the profession;

(

c) incompetence;

(

d) incapacity.

(5) A respondent may submit medical information and any information relevant to the

complaint to an investigator or the Investigative Committee.

(6) With the registrant’s consent, the Investigative Committee may refer a matter to the

Fitness to Practise Committee at any time.

Additional information to Investigative Committee

(1) The Investigative Committee may direct an investigator at any time to conduct any

investigation that the Committee considers necessary.

(2) At any time before the final disposition of a complaint under

Section 37 or 38, the

Investigative Committee may receive additional information if the information is

relevant to the matters before it.

(3) If the Investigative Committee receives additional information under subsection

(2), the respondent must be given an opportunity to respond to the matters raised in

the information before the final disposition of the matter by the Investigative

Committee.

Rights of respondent

36 In a proceeding before the Investigative Committee, a respondent to a complaint has the

right to all of the following:

(

a) be represented by legal counsel, a union representative or another

representative at the respondent’s own expense;

(

b) notice of any matters under investigation;

(

c) a reasonable opportunity to present a response and make submissions in a

form determined by the Investigative Committee;

(

d) any additional information, as determined by the Registrar.

Dismissal of complaint by Investigative Committee

(1) The Investigative Committee may dismiss a complaint and notify the complainant

and the respondent of the dismissal if the Investigative Committee decides that any

of the following apply:

(

a) the subject matter of 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 the profession, incompetence

or incapacity, or would merit a counsel or a caution;

(

f) the processing of the complaint would not advance the objects of the

College.

(2) On dismissing a complaint, if the Investigative 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 or organization affected by the complaint.

(3) The Investigative Committee must provide a copy of any written advice provided

under clause (2)(

a) or (

c) to the respondent.

Disposition of complaint by Investigative Committee

(1) Unless a complaint is dismissed under subsection 37(1), the Investigative

Committee must give the respondent a reasonable opportunity to appear before the

Committee before it disposes of the complaint, and may request or require other

persons to appear before it.

(2) The Investigative Committee may require a respondent to do 1 or more of the

following:

(

a) submit to physical or mental examinations by a qualified person or persons

designated by the Investigative Committee, and authorize the reports from

the examinations to be given to the Investigative Committee;

(

b) submit to a review of the respondent’s practice by a qualified person or

persons designated by the Investigative Committee, and authorize a copy of

the review to be given to the Investigative Committee;

(

c) submit to a competence assessment or any other assessment or examination

the Investigative Committee directs to determine whether the respondent is

competent to practise, and authorize the assessment or examination report to

be given to the Investigative Committee;

(

d) produce any records or documents regarding the respondent’s practice.

(3) Expenses incurred by a respondent to comply with a requirement under subsection

(2) must initially be paid by the College, but may be awarded as costs against the

respondent under

Section 72.

(4) After providing a respondent with an opportunity to appear before it under

subsection (1), the Investigative Committee must do 1 or more of the following:

(

a) dismiss the complaint;

(

b) counsel the respondent;

(

c) caution the respondent;

(

d) refer the respondent to the Registrar for a competence assessment as

determined by the Registrar, and require the respondent to pay for any costs

arising from the assessment;

(

e) if the Investigative Committee believes the matter involves an issue of

incapacity that should be addressed through the Fitness to Practise Program,

refer the matter to the Fitness to Practise Committee with the registrant’s

consent;

(

f) informally resolve the complaint, including authorizing the respondent’s

resignation from the register and any relevant rosters;

(

g) if the Investigative Committee is satisfied the respondent has been practising

without a valid licence, direct the respondent to pay a fine in an amount

determined by the Investigative Committee;

(

h) make a determination that there is sufficient evidence that the respondent’s

actions, if proven,

(

i) would constitute any of the following:

(

A) professional misconduct,

(

B) conduct unbecoming the profession,

(

C) incompetence,

(

D) incapacity, and

(ii) warrants imposing a licensing sanction.

(5) A disposition issued under clause (4)(

f) or (

g) may include costs.

(6) On making a determination under clause (4)(h), the Investigative 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, which must be

communicated to the respondent, the complainant and any other

person the Investigative Committee considers appropriate,

(ii) that conditions or restrictions, or both, be imposed on the

respondent’s licence;

(

b) refer the matter or matters for a hearing and, if the Investigative Committee

considers it appropriate, direct the Registrar on behalf of the College to

attempt to negotiate a settlement proposal in accordance with

Section 39.

(7) If a respondent fails to comply with requirements under subsection (2) or any

direction from the Investigative Committee or the Professional Conduct

Committee, the Investigative Committee may suspend or restrict the respondent’s

licence until the suspension or restriction is lifted, superseded or annulled by the

Investigative Committee or the Professional Conduct Committee.

(8) The Investigative Committee must provide the respondent with a copy of any

report, review, assessment or examination it receives under subsection (2) and give

the respondent an opportunity to respond to them before the Investigative

Committee renders a decision.

Settlement Proposals

Preparing and tendering settlement proposals

(1) A settlement proposal may be submitted in writing by the College or the

respondent to the other party as a means of resolving the matter before the hearing

begins.

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

(

a) sufficient facts to provide context for the admission or admissions of the

respondent;

(

b) an admission or admissions by the respondent to 1 or more of the matters

referred to the Professional Conduct Committee;

(

c) the respondent’s consent to a specified disposition, conditional on the

acceptance of the settlement proposal by the Investigative Committee and

the Professional Conduct Committee;

(

d) an agreement on the amount of costs to be paid, and the timing for payment

of the costs.

(3) If the College and the respondent agree with a settlement proposal tendered under

subsection (1), the College must refer the settlement proposal to the Investigative

Committee for consideration.

(4) The College and the respondent may agree to use a mediator to prepare a

settlement proposal, and the costs for the mediator must be divided equally

between the College and the respondent, unless the parties agree to a different

division of the costs.

(5) A settlement proposal may include any disposition that could be ordered by the

Professional Conduct Committee under the Act or these regulations.

Investigative Committee actions when settlement proposal referred

(1) The Investigative Committee may recommend acceptance of a settlement proposal

if it is satisfied that all of the following are met:

(

a) the public is protected;

(

b) the conduct or its causes can be, or have been successfully remedied or

treated, and the respondent is likely to successfully pursue any remediation

or treatment required;

(

c) the settlement proposal is in the best interests of the public and the

profession.

(2) If the Investigative Committee recommends acceptance of a settlement proposal,

the Investigative Committee must refer the settlement proposal to the Professional

Conduct Committee for consideration in accordance with

Section 39.

(3) If the Investigative Committee does not recommend acceptance of a settlement

proposal, the Investigative Committee must do 1 of the following:

(

a) recommend changes to the settlement proposal that

(

i) if agreed upon by the College and the respondent, will result in

acceptance by the Investigative Committee,

(ii) if not agreed upon by the College and the respondent, will result in

rejection by the Investigative Committee;

(

b) reject the settlement proposal and refer the complaint considered by the

Investigative Committee to the Professional Conduct Committee for a

hearing.

Professional Conduct Committee actions when settlement proposal referred

(1) The Professional Conduct Committee must consider any settlement proposal

referred to it and may approve the settlement proposal if satisfied that the criteria in

subsection 40(1) have been met.

(2) If the Professional Conduct Committee accepts a settlement proposal, the

settlement proposal forms part of the order of the Professional Conduct Committee

disposing of the matter.

(3) If the Professional Conduct Committee does not accept a settlement proposal, it

must do 1 of the following:

(

a) suggest areas for review and return it to the College and the respondent for

review;

(

b) reject the settlement proposal, in which case the matter is referred to another

panel of the Professional Conduct Committee for a hearing.

(4) If the College and the respondent do not agree with any suggestions made under

clause (3)(a), the settlement proposal is deemed to be rejected and the matter must

be referred to another panel of the Professional Conduct Committee for a hearing.

(5) If the College and the respondent agree with any suggestions made under clause

(3)(a), the settlement proposal must be sent back to the Professional Conduct

Committee who must do 1 of the following:

(

a) accept the settlement proposal;

(

b) reject the settlement proposal and refer the matter to another panel of the

Professional Conduct Committee for a hearing.

(6) A person who sits on a panel of the Professional Conduct Committee that reviews

a rejected settlement proposal must not sit on a panel of a Professional Conduct

Committee that conducts a hearing related to the same complaint.

Settlement proposals and hearings

(1) If a settlement proposal is rejected by the Professional Conduct Committee, a

hearing must proceed without reference to the settlement proposal or any

admissions contained in the settlement proposal until after the Professional

Conduct Committee has determined whether professional misconduct, conduct

unbecoming the profession, incompetence or incapacity has been proven.

(2) Before deciding whether to award costs in a hearing, the Professional Conduct

Committee may be given a copy of any settlement proposals exchanged between

the parties.

(3) Any alleged breach by a respondent of an undertaking given in an accepted

settlement proposal or a condition of an accepted settlement proposal must be

referred to a Professional Conduct Committee and may form the subject of a new

hearing.

Consent revocation

(1) A respondent who does not contest the allegations set out in a complaint or notice

of hearing or who admits to some or all of the allegations set out in a complaint or

notice of hearing may, with the consent of the Registrar, ask the Professional

Conduct Committee to revoke the respondent’s registration or licence, or both.

(2) The Professional Conduct Committee may

(

a) consent to the revocation of a respondent’s registration or licence, or both,

with or without conditions; or

(

b) refuse consent.

(3) A respondent who consents to the revocation of their registration or licence, or

both, under this

Section must in all respects be treated as though their registration

or licence, or both, were revoked by the Professional Conduct Committee.

(4) Notification of a revocation consented to under this

Section must be given in

accordance with

Section 69.

Fitness to Practise Program

Fitness to Practise Committee

44 The Board must appoint a Fitness to Practise Committee composed of at least the

following:

(a) 1 public representative;

(

b) the number of registrants and public representatives determined by the

Board.

Chair and vice-chair of Fitness to Practise Committee

(1) The Board must appoint a chair and a vice-chair of the Fitness to Practise

Committee.

(2) The vice-chair must act as chair in the absence of the chair.

Appointment of panel of Fitness to Practise Committee

(1) On receiving a matter referred to the Fitness to Practise Committee, the chair of the

Fitness to Practise Committee must appoint a panel of at least 3 members of the

Committee, at least 1 of whom is a public representative, to act as the Committee.

(2) The chair of the Fitness to Practise Committee may sit on the panel and must act as

the chair of any panel they sit on.

(3) If the chair of the Fitness to Practise Committee is not on the panel, the chair must

appoint a chair for the panel.

Notice, quorum and voting

(1) If 1 or more Fitness to Practise Committee members fail to receive a notice of a

meeting, the failure does not invalidate the proceedings at the meeting, and nothing

prevents the members from waiving notice of a meeting.

(2) A quorum of the Fitness to Practise Committee consists of 3 members of the panel,

at least 1 of whom must be a public representative.

(3) A decision of the Fitness to Practise Committee requires the vote of a majority of

the panel of the Committee.

(4) If a matter is referred to the Fitness to Practise Committee and the term of office of

a person sitting on the Committee expires, that person may remain part of the

Committee until the matter is concluded.

Functions, duties and procedures of Fitness to Practise Committee

(1) The Fitness to Practise Committee must perform any functions and duties set out

in these regulations for the Committee.

(2) The Fitness to Practise Committee may set its own procedures for meetings.

Powers of commissioner under Public Inquiries Act

49 When performing their functions as set out in these regulations, the members of the

Fitness to Practise Committee have all the rights, powers and privileges of a

commissioner appointed under the Public Inquiries Act , with the exception of the powers

of contempt, arrest and imprisonment.

Referral to Fitness to Practise Committee

(1) The Registrar may refer a registrant to the Fitness to Practise Committee in

accordance with this

Section if

(

a) the registrant agrees; and

(

b) the Registrar determines that the registrant is eligible, in accordance with

eligibility criteria approved by the Board.

(2) A registrant must not be referred to the Fitness to Practise Committee unless 1 of

the following occurs:

(

a) a complaint concerns the registrant’s incapacity;

(

b) the information disclosed in a regulatory process raises concerns about the

registrant’s incapacity;

(

c) a person raises questions about the possible incapacity of the registrant to

the College in the absence of a complaint;

(

d) the registrant self-reports incapacity to the College.

(3) If a matter referred to the Fitness to Practise Committee concerns a registrant who

was previously part of a Fitness to Practise Program, the Registrar and the Fitness

to Practise Committee must be provided with all information in the possession of

the College related to the previous matter.

(4) The Registrar may request a meeting with the Fitness to Practise Committee at any

time during the Fitness to Practise Program with respect to a registrant’s progress

in the process or to request the registrant’s removal from the process.

(5) If expenses are incurred in the Fitness to Practise Program involving the

remediation of the incapacity or in order for a registrant to continue in or resume

practice, the Registrar or the Fitness to Practise Committee may require a registrant

to pay for the expenses under the terms that the Registrar or Fitness to Practise

Committee determines.

Duties after referral to Fitness to Practise Committee

(1) If the Registrar determines under

Section 50 that a registrant is eligible for referral

to the Fitness to Practise Committee, the registrant must do 1 of the following:

(

a) cease practising to pursue remediation of the incapacity under the terms and

conditions agreed to with the Registrar;

with the Registrar.

(2) An agreement involving continued or resumed practice under clause (1)(

b) must be

approved by the Fitness to Practise Committee.

Proceeding before Fitness to Practise Committee

(1) A registrant who has advised the Registrar that the registrant has undertaken 1 of

the following may request the Registrar to convene a meeting with the Fitness to

Practise Committee: [ sic ]

(

a) they have ceased practising under clause 51(1)(

a) and are seeking to return

to practice;

(2) A registrant appearing before the Fitness to Practise Committee under this

Section

has the right to all of the following:

(

a) be represented by legal counsel, a union representative or another

representative at the registrant’s own cost;

(

b) notice of any matters under investigation;

(

c) a reasonable opportunity to present a response and make submissions in the

form determined by the Committee;

(

d) any additional information, as determined by the Registrar.

(3) On receiving a request under subsection (1), the Fitness to Practise Committee

must convene a meeting with the registrant and may do 1 of the following:

(

a) approve the registrant’s return to practice, subject to any terms and

conditions that the Fitness to Practise Committee considers appropriate and

to which the registrant agrees;

registrant agrees to the variation;

(

c) deny the registrant’s return to practice or variation request and refer the

registrant back to the Registrar in accordance with

Section 53.

Referral to Registrar from Fitness to Practise Committee

(1) A registrant may be referred back to the Registrar by the Fitness to Practise

Committee if 1 of the following occurs:

(

a) the registrant withdraws consent to participate in the Fitness to Practise

Program;

(

b) the registrant fails to submit to a capacity examination as directed by the

Registrar;

(

c) the registrant does not agree with the terms or conditions for practice or for

a return to practice sought by the Fitness to Practise Committee;

(

d) the Committee determines that a registrant meets 1 or both of the following:

(ii) they pose an immediate threat to the health or safety of others;

(

e) the Committee is not satisfied that the registrant is incapacitated;

(

f) the Committee considers that it is no longer consistent with the objects of

the College for the registrant to participate in the Fitness to Practise

Program.

(2) If a [A] registrant who is referred back to the Registrar by the Fitness to Practise

Committee must be removed from the Fitness to Practise Program and 1 of the

following must occur:

(

a) if the registrant was involved in a regulatory process at the time of referral

to the Fitness to Practise Committee, the registrant must be referred back to

the committee conducting the regulatory process;

(

b) if the matter was referred by the Registrar outside of a regulatory process,

the Registrar must determine whether a regulatory process should be

initiated or whether the matter requires further action under the Act and

these regulations;

(

c) the registrant’s file, including any reports, assessments and evaluations in

the possession of or obtained by the Fitness to Practise Committee, must

accompany the referral and may be provided by the Registrar to any person

or regulatory committee addressing the matter.

Committee’s jurisdiction over matter involving registrant

(1) The Fitness to Practise Committee retains jurisdiction over a registrant who is

Committee until

(

b) the matter is referred back to the Registrar under

Section 53.

(2) If a registrant is referred back to a regulatory committee under clause 53(2)(a), the

regulatory committee regains jurisdiction over the matter involving the registrant.

(3) If the Registrar initiates a regulatory process under clause 53(2)(b), the committee

conducting the regulatory process gains jurisdiction over the matter.

Updating College’s records and notice of licensing status

55 If an agreement is reached with a registrant to cease practising or to practise under terms

and conditions under

Section 51 or 52, the Registrar must do all of the following without

disclosing the nature of the registrant’s incapacity:

(

a) update the College’s records to reflect the licensing status of the registrant;

(

b) notify the registrant’s employers, as identified in the records of the College

or otherwise known to the College, of the registrant’s licensing status;

(

c) notify the licensing authority in any other jurisdiction in which the registrant

is licensed, of the registrant’s licensing status.

Hearings

Notice of hearing

(1) Service of a notice of hearing on the respondent and the complainant must be in

accordance with

Section 67 of the Act.

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

(

a) the details of the charges against the respondent;

(

b) that the respondent may be represented by legal counsel, a union

representative or another representative at the respondent’s own cost.

Amendment of notice of hearing

(1) At any time before or during a hearing, the Professional Conduct 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;

(

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 any proposed

amendment or alteration to a notice of hearing.

(3) After receiving a respondent’s answer under subsection (2), the Professional

Conduct Committee may do 1 of the following:

(

a) amend or alter the notice of hearing;

(

b) refer any new allegations to the Registrar for processing as a complaint.

Public notice of hearing

58 Subject to any publication ban ordered by the Professional Conduct Committee, 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 notice of

all of the following:

(

a) the name of the respondent;

(

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

(

c) reference to any application being made for an order under subsection 59(2)

or (4) to exclude the public.

Attendance at hearing

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

(2) At the request of a party, the Professional Conduct Committee may order that the

public, in whole or in part, be excluded from a hearing or any part of it if the

Professional Conduct 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 jeopardized by permitting public

attendance.

(3) The Professional Conduct 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) The Professional Conduct 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 or in any part of a hearing,

including dealing with an order under subsection (2) or (3).

(5) Subject to any order made under this Section, the Professional Conduct Committee

must state at a hearing its reasons for any order made under this Section.

(6) Despite any decision to exclude the public under this Section, a complainant may

attend a hearing unless the Professional Conduct Committee directs otherwise.

Parties to hearing

(1) The parties to a hearing before the Professional Conduct Committee are the

following:

(

a) the College, represented by the Registrar or a person designated by the

Registrar;

(

b) the respondent.

(2) A complainant other than the Registrar, or their delegate, cannot participate as a

party at a hearing.

Hearing procedures

(1) The Professional Conduct Committee may determine any additional rules of

procedure for hearings that are not covered by the Act or these regulations.

(2) The Professional Conduct Committee may exclude a complainant or a witness

other than the respondent from a hearing until the complainant or witness is

required to give evidence.

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

(4) An oath or affirmation taken at a hearing may be administered by any member of

the Professional Conduct Committee or other person in attendance authorized by

law to administer oaths or affirmations.

(5) The Professional Conduct Committee may require a respondent to do 1 or more of

the following during a hearing:

(

a) if the professional conduct panel has reasonable and probable grounds to

believe that the respondent has an issue of incapacity, submit to physical or

mental examinations by a qualified person or persons designated by the

Professional Conduct Committee, and authorize examination reports to be

given to the Professional Conduct Committee;

(

b) submit to a review of the respondent’s practice by a qualified person or

persons designated by the Professional Conduct Committee, and authorize a

copy of the review to be given to the Professional Conduct Committee;

(

c) submit to a competence assessment or other assessment or examination the

Professional Conduct Committee directs to determine whether the

respondent is competent to practise, and authorize the assessment report or

examination to be given to the Professional Conduct Committee;

(

d) produce any records kept about the respondent’s practice that the

Professional Conduct Committee considers appropriate.

(6) If a respondent fails to comply with a requirement under subsection (5), the

Professional Conduct Committee may order that the respondent be suspended until

the respondent complies.

(7) The expenses incurred for a respondent to comply with a requirement under

subsection (5) must be initially paid by the College, but may be awarded as costs

against a respondent under

Section 72.

(8) If a matter may involve incapacity and the respondent and the Professional

Conduct Committee agree, the Professional Conduct Committee may refer the

matter to the Fitness to Practise Committee.

Respondent fails to attend hearing

62 After receiving proof of service of the notice of hearing in accordance with

Section 67 of

the Act, the Professional Conduct Committee may proceed with a hearing in a

respondent’s absence and take any action authorized under the Act and these regulations

without further notice to the respondent.

Subpoenaed witness fees

63 Witnesses who are present under subpoena at a hearing are entitled to the same

allowances as witnesses attending a trial of an action in the Supreme Court of Nova

Scotia.

Recording evidence at hearing

(1) All evidence presented at a hearing must be recorded by a person authorized by the

Registrar.

(2) Evidence may be presented at a hearing in any manner that the Professional

Conduct Committee considers appropriate, and the Professional Conduct

Committee is not bound by the rules of law respecting evidence applicable to

judicial proceedings.

Preserving evidence

65 Evidence presented to the Professional Conduct Committee and information obtained by

the Investigative Committee or an investigator for a complaint that has not been

dismissed by the Investigative Committee must be preserved for at least 5 years from the

date the evidence is presented or the information is obtained.

Disposition by Professional Conduct Committee

(1) If the Professional Conduct Committee finds professional misconduct, conduct

unbecoming the profession, incompetence or incapacity on the part of a

respondent, the Professional Conduct Committee may do 1 or more of the

following and must include orders for it in the Professional Conduct Committee’s

disposition of the matter:

(

a) revoke the respondent’s registration or licence, or both, and remove the

respondent’s name from the register and relevant rosters;

(

b) revoke the respondent’s ability to obtain registration, or require the

respondent to comply with any conditions or restrictions imposed by the

Professional Conduct Committee if registration is granted;

(

c) authorize the respondent to resign from the Register and remove the

respondent’s name from the rosters where the name is entered;

(

d) suspend the respondent’s ability to obtain a licence for a specified period of

time;

(

e) suspend the respondent’s licence for a specified period of time and direct

the Registrar to remove the respondent’s name from the relevant rosters;

(

f) suspend any licence held by the respondent pending the satisfaction and

completion of any conditions the Professional Conduct Committee orders;

(

g) impose any restrictions or conditions, or both, on the respondent’s licence

for a specified period of time;

(

h) reprimand the respondent and direct that the reprimand be recorded in the

records of the College;

(

i) direct the respondent to pass a particular course of study or satisfy the

Professional Conduct Committee or any other committee established under

the Act or these regulations of the respondent’s general competence to

practise, or competence in a particular discipline;

(

j) refer the respondent for a competence assessment as determined by the

Registrar, and require the respondent to pay any costs associated with the

assessment and any bridging education required following the assessment;

(

k) direct the respondent to pay a fine in an amount determined by the

Professional Conduct Committee for findings that involve any of the

following:

(

i) practising without a licence,

(ii) professional misconduct,

(iii) conduct unbecoming the profession;

(

l) publish or disclose its findings in accordance with the Act and these

regulations.

(2) If the Professional Conduct Committee revokes the registration of the respondent,

the Committee must determine whether the respondent is eligible to apply for

reinstatement.

(3) If the Professional Conduct Committee determines that a respondent whose

registration is revoked is eligible to apply for reinstatement, the Committee must

determine when the respondent is eligible to apply, which must not be earlier than

2 years after the date that the respondent last practised.

Written decision of Professional Conduct Committee

67 The Professional Conduct Committee must prepare a written report of its decision that

includes the reasons for the decision on the allegations in the notice of hearing, and the

reasons for the disposition ordered under

Section 66 and must provide copies of its

decision or information from its decision in accordance with Sections 68 and 69.

Disclosing Professional Conduct Committee’s decision to dismiss complaint

(1) Except as prohibited by any publication bans, the Professional Conduct Committee

may disclose or publish a decision or part of a decision that dismisses a complaint,

in the manner determined by the Professional Conduct Committee.

(2) The Professional Conduct Committee must provide a copy of its full decision to

the Registrar.

Disclosing and publishing licensing sanctions

(1) All of the following is prescribed as information to be published or disclosed by

the Registrar under

Section 72 of the Act in the manner specified after a licensing

sanction is issued by the Professional Conduct Committee:

(

a) a copy of the full decision to the respondent and the complainant;

(

b) a copy of the full decision or a

summary of the decision published in all of

the following:

(

i) the College website,

(ii) any official publication as determined by the Professional Conduct

Committee;

(

c) a copy of the full decision, a

summary of the decision or a notice of the

decision to any of the following, as the Registrar considers necessary:

(

i) other regulatory bodies,

(ii) any past, present, or intended employer of the respondent,

(iii) any identified individuals,

(iv) the public, through the newspaper or other media as determined by

the Registrar.

(2) All of the following is prescribed as information to be published or disclosed by

the Registrar under

Section 72 of the Act in the manner specified after a licensing

sanction is issued by the Investigative Committee or through an accepted

settlement proposal:

(

a) a copy of the full decision to the respondent;

(

b) a copy of the full decision or a

summary of the decision, as determined by

the Registrar, to the complainant;

(

c) a copy of the full decision or a

summary of the decision published in all of

the following:

(

i) the College website,

(ii) any official publication, as determined by

(

A) the Investigative Committee, or

(

B) for a licensing sanction imposed through an accepted

settlement proposal, the Professional Conduct Committee;

(

d) notification of the licensing sanction and a copy of the

summary of the

decision to any of the following, as the Registrar considers necessary, along

with any other information requested:

(

i) other regulatory bodies,

(ii) any past, present or intended employer of the respondent,

(iii) any additional entities or individuals, as specified by the Registrar;

(

e) any of the following provided to any person, as the Registrar considers

appropriate:

(

i) the decision,

(ii) a

summary of the decision,

(iii) parts of the decision,

(iv) notice of the decision.

Contents of

summary of decision

70 Subject to any publication bans and except as provided in

Section 71, a

summary of a

decision provided under

Section 69 must contain all of the following information:

(

a) the registrant’s name, city or town of residence and registration number;

(

b) the provision of the Act or the regulations under which the licensing

sanction is issued;

(

c) the date of the decision;

(

d) the allegations that were upheld by the Professional Conduct Committee or

the Investigative Committee or, for a consent revocation, the allegations that

were either admitted to or not contested by the respondent;

(

e) whether the allegations amounted to professional misconduct, conduct

unbecoming the profession, incompetence or incapacity;

(

f) the disposition ordered by the Investigative Committee or the Professional

Conduct Committee;

(

g) the reasons for the decision;

(

h) any additional information the College considers necessary to meet the

objects of the College.

Publication if finding of incapacity without hearing

71 If a complaint is resolved without a hearing and the allegations have been found to

constitute incapacity, the specific nature of the incapacity must not be included in the

summary of the decision under

Section 69.

Costs awarded after hearing

(1) For purposes of this Section, “costs” includes all of the following:

(

a) expenses incurred by the College in the investigation of a complaint;

(

b) expenses incurred by the College for the activities of the Investigative

Committee and the Professional Conduct Committee;

(

c) expenses incurred by the College for the respondent’s participation in any

competence assessment arising from a decision of the Investigative

Committee or Professional Conduct Committee;

(

d) expenses incurred under subsection 28(3), subsection 38(2) or subsection

61(5);

(

e) the College’s solicitor and client costs, including disbursements and HST,

relating to the investigation and hearing of a complaint, including those of

College counsel and counsel for the Professional Conduct Committee;

(

f) fees for retaining a court reporter and preparing transcripts of the

proceedings;

(

g) travel costs and reasonable expenses of any witnesses, including expert

witnesses, required to appear at a hearing.

(2) Except when awarded costs under this Section, a respondent is responsible for all

expenses incurred in their defence.

(3) If the Professional Conduct Committee finds professional misconduct, conduct

unbecoming the profession, incompetence or incapacity on the part of the

respondent, it may order that the respondent pay costs in whole or in part.

(4) If the Professional Conduct Committee considers that a hearing was not necessary,

it may order the College to pay some or all of the respondent’s legal costs.

(5) The Registrar may suspend the licence of any respondent who fails to pay the costs

within the time ordered until payment is made or satisfactory arrangements for

payment are made.

Reinstatement of Registration or Licence

Applying for reinstatement of registration or licence

(1) An application for reinstatement of registration or a licence, or both, that has been

revoked by the Professional Conduct Committee must be sent in writing to the

Registrar together with the applicable application fee.

(2) An application for reinstatement must include any information the Reinstatement

Committee requires to assist it in determining whether the objects of the College

will be met if reinstatement is granted.

Investigation concerning reinstatement application

(1) Upon receiving a reinstatement application, the Registrar may request that an

investigation be conducted to gather relevant and appropriate information

concerning the application.

(2) A person who conducts an investigation under subsection (1) must give a written

report to the Registrar and the applicant that contains all material relevant to the

application, including the decision of the Professional Conduct Committee that

revoked the applicant’s registration or licence, or both, and any relevant

information gathered during the investigation.

(3) The Registrar must provide the Reinstatement Committee with the reinstatement

application together with the report and materials required under subsection (2).

Reinstatement application proceedings

(1) The Reinstatement Committee must set a date for a proceeding to review a

reinstatement application and must advise the applicant of the date.

(2) The parties to a reinstatement application are all of the following:

(

a) the College, represented by the Registrar or a person designated by the

Registrar;

(

b) the applicant for reinstatement.

(3) Evidence before the Reinstatement Committee must be taken under oath or

affirmation and must be recorded, and is subject to cross-examination.

Attendance at reinstatement application proceeding

(1) Except as provided in subsection (2) or (3), a reinstatement application proceeding

is open to the public.

(2) At the request of a party, the Reinstatement Committee may order that the public,

in whole or in part, be excluded from a reinstatement application proceeding or any

part of it if the Reinstatement Committee is satisfied that any of the following

apply:

(

a) personal, medical, financial or other matters that may be disclosed at the

proceeding 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 proceedings should be open to the public;

(

b) the safety of any person may be jeopardized by permitting public

attendance.

(3) The Reinstatement Committee may make an order that the public be excluded

from a part of a reinstatement application proceeding that deals with a request for

an order to exclude the public in whole or in part under subsection (2).

(4) The Reinstatement 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 reinstatement application proceeding or in any

part of a reinstatement application proceeding dealing with an order under

subsection (2) or (3).

(5) Subject to any order made under this Section, the Reinstatement Committee must

state at a reinstatement application proceeding its reasons for any order made under

this Section.

Public notice of application for reinstatement

77 Subject to any publication bans, the Registrar must give public notice of any scheduled

reinstatement application proceedings through its website or any alternate means the

College considers appropriate, including notice of all of the following:

(

a) the date, time and location of a reinstatement application;

(

b) reference to any application being made for an order under

Section 76 to

exclude the public.

Decision of Reinstatement Committee

(1) After considering the evidence and the representations from the parties, the

Reinstatement Committee must decide to accept or reject a reinstatement

application and communicate its decision, together with reasons, in writing to the

applicant and to the Registrar.

(2) If the Reinstatement Committee accepts a reinstatement application, the

Committee may impose any conditions and restrictions it considers appropriate

relating to the reinstatement of the applicant, and the applicant must satisfy all

criteria required for a licence.

(3) Except as provided in subsection (4), a decision of the Reinstatement Committee

concerning a reinstatement application is final.

(4) An applicant may resubmit a reinstatement application no sooner than

(a) 1 year after the date of the Reinstatement Committee’s initial decision to

reject their application; or

(

b) a date that is after the period in clause (a), as determined by the

Reinstatement Committee that rejected the initial application.

Costs of reinstatement application

(1) For purposes of this Section, “costs” includes all of the following:

(

a) expenses incurred by the College in the investigation of a reinstatement

application;

(

b) expenses incurred by the College for the activities of the Reinstatement

Committee;

(

c) the College’s solicitor and client costs, including disbursements and HST,

relating to a reinstatement application, including those of College counsel

and counsel for the Reinstatement Committee;

(

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

proceedings;

(

e) travel costs and reasonable expenses of any witnesses, including expert

witnesses, required to appear at a reinstatement application.

(2) An applicant for reinstatement is responsible for all expenses incurred in the

reinstatement application process.

(3) Whether an application for reinstatement is accepted or rejected, the Reinstatement

Committee may recover costs from the applicant.

(4) The Registrar may suspend the licence of any person whose licence is being

reinstated and who fails to pay the costs within the time ordered until payment is

made or satisfactory arrangements for payment are made.

Legislative History

Reference Tables

Medical Imaging and Radiation Therapy Professionals Regulations

N.S. Reg.

115/2020

Medical Imaging and Radiation Therapy Professionals Act

Note: The information in these tables does not form part

of the regulations and is compiled by the Office of the Registrar of

Regulations for reference only.

Source Law

The current consolidation of the Medical Imaging and Radiation Therapy Professionals Regulations made

under the Medical Imaging and Radiation Therapy

Professionals Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

115/2020

Sep 8, 2020

date specified

Sep 25, 2020

227/2024

Oct 29, 2024

date specified

Nov 1, 2024

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

2(1), defn. of “advanced practice” ...

ad. 227/2024

2(1), defn. of “authorized registrant” .

ad. 227/2024

2(1), defn. of “interdisciplinary authorization

process” ....................

ad. 227/2024

25A-25K ...........................................

ad. 227/2024

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Original text does not include subsection 22(4).

Original text does not include any other subsections in

Section 24. Subsection 24(1) redesignated as

Section 24 for the purposes of

this consolidation.

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

78/1979

Nova Scotia Society of Medical Radiation Technologists

By-laws

Sep 8, 2020

Note: Only regulations that are specifically repealed and

replaced appear in this table. It may not reflect the entire history of

regulations on this subject matter.