First

Session, 48th General Assembly

Elizabeth II, 2016

BILL 25

AN ACT TO AMEND THE

HEARING AID PRACTITIONERS ACT

Received and Read the First Time .................................................................................................

Second Reading .................................................................................................................................

Committee ..........................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

JOHN HAGGIE

Minister of Health and Community Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend the Hearing Aid Practitioners Act to enable

the board to appoint to a disciplinary panel, or the chairperson of a disciplinary

panel to appoint to an adjudication tribunal, a person other than a hearing aid

practitioner licensed in this jurisdiction where it is necessary to do so.

A BILL

AN ACT TO AMEND THE HEARING AID

PRACTITIONERS ACT

Analysis

S.2 Amdt.

Definitions

2. S.13 Amdt.

Committees

S.17 R&S

Adjudication tribunal

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2005 cH-2.01

as amended

Section 2 of the Hearing Aid Practitioners Act is amended by adding immediately

after paragraph (

d) the following:

(d.1) "licensed hearing aid practitioner"

means a hearing aid practitioner licensed under this Act;

2. Subsection 13(4) of the Act is repealed and the

following substituted:

(4) The board shall appoint at least 5 persons who

are not members of the board, one of whom shall be appointed to serve as

chairperson, and the minister shall appoint at least 2 persons who are not hearing

aid practitioners to represent the public interest, who shall together

constitute a disciplinary panel.

(4.1) Where the board appoints persons under

subsection (4), those persons shall be licensed hearing aid practitioners

unless, in the opinion of the board, it is necessary to appoint as one or more of

the total number appointed by the board under that subsection either a hearing

aid practitioner licensed under the laws of a province or territory of Canada

or a member in good standing under the Law

Society Act, 1999 or both of them.

(4.2) Notwithstanding subsection (4), a hearing aid

practitioner licensed under the laws of a province or territory of Canada or a

member in good standing under the Law

Society Act, 1999 appointed as referred to in subsection (4.1) shall not

serve as the chairperson of the disciplinary panel.

(4.3) Notwithstanding subsection (4.1), the

disciplinary panel shall at all times have at least 2 licensed hearing aid

practitioners appointed to it.

Section 17 of the Act is repealed and the

following substituted:

Adjudication tribunal

(1) For

the purpose of dealing with complaints referred to the disciplinary panel, the

chairperson of the disciplinary panel shall appoint from it an adjudication

tribunal composed of 3 persons.

(2) The members of an adjudication tribunal shall

be chosen as follows from among the members of the disciplinary panel:

(a) 2 persons who are licensed hearing aid

practitioners unless, in the opinion of the chairperson of the disciplinary

panel, it is necessary to appoint

(

i) a licensed hearing aid practitioner and a

hearing aid practitioner licensed under the laws of a province or territory of Canada ,

(ii) a licensed hearing aid practitioner and a

member in good standing under the Law

Society Act, 1999 ,

(iii) a hearing aid practitioner licensed under the

laws of a province or territory of Canada and a member in good standing under

the Law Society Act, 1999 , or

(iv) 2 hearing aid practitioners licensed under the

laws of a province or territory

of Canada ; and

(

b) one person appointed to represent the public interest.

(3) The chairperson of the disciplinary panel

shall appoint either of the following persons to be the chairperson of an

adjudication tribunal:

(

a) a licensed hearing aid practitioner; or

(

b) a hearing aid practitioner licensed under the

laws of a province or territory

of Canada .

Queen's Printer