Bill 22 — Third Session, 24Th Legislature, 48 Elizabeth Ii the Legislative Assembly of Alberta Bill 22 Health Professions Act (Legislature 24, Session 3)

L24 S3 897

Alberta — Bills

1999 BILL 22 Third Session, 24th Legislature, 48 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 22 HEALTH PROFESSIONS ACT MR. RENNER First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1999 (24th, 3rd) Bill 22, Health Professions Act

Bill 22 Mr. Renner B ILL 2 2 1999 HEALTH PROFESSIONS ACT (Assented to , 1999) Table of Contents

Interpretation 1

Part 1 Governance College College established 2 College’s role 3 Annual report 4 Council, President and Registrar Council established 5 Council’s role 6 President 7 Registrar 8 Committees and Tribunals Registration committee 9 Competence committee 10 Competence committee appointee 11 Required public members 12 Public members appointed, lists 13 Hearings director, complaints director 14 Membership lists 15 Tribunal, complaint review committee established 16 Tribunal, committee powers, duties 17 Panels Council, committee panels 18 1

Delegation Council delegation 19 Person, committee delegation 20 Officials directory 21 Advisory Board Advisory Board established 22 Advisory Board’s role 23 Advisory Board meetings 24 Regulated Professions Applying to be a regulated profession 25 Recommendation to Minister 26 Fee negotiation approval 27

Part 2 Registration Applying for Registration Application for registration 28 Receipt of application 29 Decision on application 30 Review application 31 Review of registration decision 32 Registration Registers of members 33 Register information 34 Register error 35 Registration of regulated members 36 Corporations not members 37 Practice Permit Renewal Application date for practice permit 38 Cancellation if application not made 39 Applying for practice permit 40 Review by council 41 Suspension, Cancellation and Reinstatement Suspension, cancellation grounds 42 Cancellation of practice permit 43 Return of suspended or cancelled permit 44 Reinstatement 45 2

Registration Required Mandatory registration 46 Prohibition 47 Offence 48 Injunction 49

Part 3 Continuing Competence and Practice Visits Continuing Competence Program Continuing competence program 50 Practice Visits Practice visit 51 Confidentiality 52 Offence 53

Part 4 Professional Conduct Division 1 Complaint Process Making a complaint 54 Acting on a complaint 55 Aware of unprofessional conduct 56 Termination by employer 57 Division 2 Alternative Complaint Resolution Process 58 Evidence 59 Settlement 60 Division 3 Investigations Notice of investigation 61 Investigation scope 62 Investigation powers 63 Proceedings delayed 64 Conditions, suspension during proceedings 65 Report of investigation 66 Notification of action taken 67 Review of dismissal of complaint 68 Hearing to be scheduled 69 Admission of unprofessional conduct 70 3

Division 4 Hearings and Decisions Bias prevention 71 Investigated person at hearing 72 Witnesses Investigated person’s witnesses 73 College witnesses 74 Notice 75 Rights and obligations of witnesses 76 Hearings College duties in respect of hearing 77 Access to hearing 78 Tribunal at hearing 79 Decisions and Records Tribunal decision 80 Previous decisions 81 Orders of tribunal 82 Written decision 83 Service of decision and record of hearing 84 Examination of record 85 Division 5 Appeals Stay pending appeal 86 Appeal within College Appeal to council 87 Scheduling appeal 88 Council’s powers on appeal 89 Appeal to the Court Court of Appeal 90 Appeal on record 91 Power of Court on appeal 92 Application to vary order 93 4

Division 6 General Non-prejudicial orders 94 Commissioner for oaths 95

Part 5 Business Arrangements Conducting a Practice Practice in association 96 Partnership restrictions 97 Physical therapy practice restrictions 98 Practice arrangements 99 Municipal, settlement licence exemption 100 Advertising 101 Professional Corporations

Definitions 102 Professional corporation 103 Name 104 Use of name 105 Liability of shareholders 106 Approval for professional corporation 107 Professional corporation registered 108 Annual permit 109 Voting of shares restrictions 110 Change in organization 111 Record of professional corporations 112 Cancellation of P.C. permit 113 Notification of cancelled, expired P.C. permits 114 Restrictions on Regulations and By-laws Regulations, by-laws inoperative 115

Part 6 Other Matters Being suspended 116 Assessing incapacity 117 Notices and Information Access to regulated members’ information 118 Notices 119 Record retention 120 Additional information 121 5

Evidence Evidence of registration 122 Burden of proof 123 Records, evidence not admissible 124 Liability Liability exemption 125 Ombudsman Complaints to Ombudsman 126

Part 7 Title Protection Protected words, abbreviations 127 Penalty 128 Injunction 129

Part 8 Regulations, By-laws, Codes of Ethics and Standards of Practice Council regulations 130 By-laws 131 Code of ethics, standards of practice 132 Lieutenant Governor in Council regulations 133 Transitional regulations 134

Part 9 Consequential Amendments, Repeals and Coming into Force Consequential amendments 135-154 Repeals 155 Coming into force 156

Part 10 Profession-Specific Provisions Unprofessional conduct fines table 157

Interpretation 158 Schedules

Schedule 1 - Profession of Acupuncturists

Schedule 2 - Profession of Chiropractors

Schedule 3 - Profession of Combined Laboratory and X-ray Technicians

Schedule 4 - Profession of Dental Assistants 6

Schedule 5 - Profession of Dental Hygienists

Schedule 6 - Profession of Dental Technologists

Schedule 7 - Profession of Dentists

Schedule 8 - Profession of Denturists

Schedule 9 - Profession of Hearing Aid Practitioners

Schedule 10 - Profession of Licensed Practical Nurses

Schedule 11 - Profession of Medical Laboratory Technologists

Schedule 12 - Profession of Medical Radiation Technologists and Electroneurophysiologists

Schedule 13 - Profession of Midwives

Schedule 14 - Profession of Naturopaths

Schedule 15 - Profession of Occupational Therapy

Schedule 16 - Profession of Opticians

Schedule 17 - Profession of Optometrists

Schedule 18 - Profession of Paramedics

Schedule 19 - Profession of Pharmacists

Schedule 20 - Profession of Physical Therapists

Schedule 21 - Profession of Physicians, Surgeons, Osteopaths and Podiatrists

Schedule 22 - Profession of Psychologists

Schedule 23 - Profession of Registered Dietitians and Registered Nutritionists

Schedule 24 - Profession of Registered Nurses

Schedule 25 - Profession of Registered Psychiatric and Mental Deficiency Nurses

Schedule 26 - Profession of Respiratory Therapists

Schedule 27 - Profession of Social Workers

Schedule 28 - Profession of Speech-Language Pathologists and Audiologists HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (a) “Advisory Board” means the Health Professions Advisory Board established under

Part 1; (b) “alternative complaint resolution process” means a process to help the complainant, the college and the investigated person settle a complaint; (c) “annual permit” means a permit issued to a professional corporation under this Act; (d) “code of ethics” means a code of ethics adopted by a council under

Part 8; (e) “college” means the college of a regulated profession; 7

(f) “competence” means the combined knowledge, skills, attitudes and judgment required to provide professional services; (g) “competence committee” means a competence committee established under this Act; (h) “complaint review committee” means a complaint review committee established under

Part 1; (i) “complaints director” means the complaints director of a college; (j) “conduct” includes

an act or omission; (k) “continuing competence program” means a program of continuing competence provided for in the regulations; (l) “council” means the council of a college; (m) “document” includes recorded information in written, photographic, magnetic, electronic or other form; (n) “former Act” means

an Act that regulated a profession immediately before this Act began to regulate that profession; (o) “former member” means a person who (

i) has had but no longer has a practice permit under this Act, or (ii) has been but has ceased to be a regulated member pursuant to this Act or a member who was regulated under a former Act; (p) “health service” means a service provided to people (

i) to protect, promote or maintain their health, (ii) to prevent illness, (iii) to diagnose, treat or rehabilitate, or (iv) to take care of the health needs of the ill, disabled, injured or dying; (q) “hearing tribunal” means a hearing tribunal established under

Part 1; 8

(r) “hearings director” means the hearings director of a college; (s) “incapacitated” means suffering from a physical, mental or emotional condition or disorder or an addiction to alcohol or drugs as defined in the Pharmaceutical Profession Act or other chemicals that impair the ability to provide professional services; (t) “investigated person” means a person with respect to whom (

i) a complaint has been made under

Part 4, (ii) information has been treated as a complaint in accordance with

section 56, or (iii) a notice has been given under

section 57(1), and the proceedings with respect to the complaint, information or notice have not been concluded; (u) “investigator” means the complaints director or other person who conducts an investigation under

Part 4; (v) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (w) “Ombudsman” means the Ombudsman appointed under the Ombudsman Act; (x) “other member” means a non-regulated member of a college registered on a register established under

section 33(1)(b); (y) “physical therapy corporation” means a physical therapy corporation within the meaning of

Schedule 20; (z) “practice” means the practice of a regulated profession within the meaning of

section 3 of a

schedule to this Act; (aa) “practice permit” means a practice permit issued to a regulated member under

Part 2; (bb) “practice visit” means a practice visit within the meaning of

Part 3; (cc) “president” means the president of a college; (dd) “professional corporation” means professional corporation within the meaning of

Part 5; 9

(ee) “professional fee” means a fee charged by a regulated member for a professional service; (ff) “professional service” means a service that comes within the practice of a regulated profession; (gg) “public member” means a person appointed as a public member under this Act; (hh) “ratified settlement” means a settlement ratified under

section 60(2); (ii) “record of the hearing” means the record described in

section 84(1)(b); (jj) “registrar” means the registrar of a college; (kk) “registration committee” means a registration committee established under

Part 1; (11) “restricted activity” means a restricted activity and a portion of a restricted activity, within the meaning of

Schedule 7.1 of the Government Organization Act, (mm) “regulated profession” means a profession that is regulated by this Act; (nn) “regulated member” means a person who is registered as a member under

section 33(1)(a); (oo) “standards of practice” means standards of practice adopted by council under

Part 8; (pp) “unprofessional conduct” means any or all of the following, whether or not it is disgraceful or dishonourable: (

i) displaying a lack of knowledge of or lack of skill or judgment in the provision of professional services; (ii) contravention of this Act, a code of ethics or standards of practice; (iii) contravention of another enactment that applies to the profession; (iv) representing or holding out that a person was a regulated member and in good standing while the person’s registration or practice permit was suspended or cancelled; 1 0

(

v) representing or holding out that person’s registration or practice permit is not subject to conditions when it is or misrepresenting the conditions; (vi) failure or refusal (

A) to comply with the requirements of the continuing competence program, or (

B) to co-operate with a competence committee or a person appointed under

section 11 undertaking a practice visit; (vii) failure or refusal (

A) to comply with an agreement that is part of a ratified settlement, (

B) to comply with a request of or co-operate with an investigator, (

C) to undergo an examination under

section 117, or (

D) to comply with a notice to attend or a notice to produce under

Part 4; (viii) contravening an order under

Part 4, conditions imposed on a practice permit or a direction under

section 117(4); (ix) carrying on the practice of the regulated profession with a person who is contravening

section 97 or an order under

Part 4 or conditions imposed on a practice permit or a direction under

section 117(4); (

x) carrying on the practice of the regulated profession of physicians, surgeons, osteopaths, dentists, chiropractors or optometrists on behalf of a corporation that does not meet the requirements of sections 103 to 114 or as a partner of a partnership that does not meet the requirements of

section 97(3); (xi) carrying on the practice of the regulated profession of physical therapists on behalf of a corporation that does not meet the requirements of

Schedule 20; (xii) conduct that harms the integrity of the regulated profession; (qq) “unprofessional conduct fines table” means the unprofessional conduct fines table in

Part 10. 1 1

(2) In this Act, (

a) a reference to “this Act” includes the regulations under this Act; (

b) a reference to a power and duty includes the power and duty to make a decision; (

c) a reference to conditions includes restrictions and limitations.

PART 1 GOVERNANCE College College established 2 A college is a corporation that (

a) is created or continued in a

schedule to this Act, (

b) consists of its regulated members and other members, and (

c) has the capacity and, subject to this Act, the rights, powers and privileges of a natural person. College's role 3(1) The college must (

a) cany out its activities and govern its regulated members in a manner that protects and serves the public interest, (

b) provide direction to and regulate the practice of the regulated profession by its regulated members, (

c) establish, maintain and enforce standards for registration and of continuing competence and standards of practice of the regulated profession, (

d) establish, maintain and enforce a code of ethics, and (

e) carry on the activities of the college and perform other duties and functions by the exercise of the powers conferred by this Act.

(2) A college may not set professional fees, provide guidelines for professional fees or negotiate professional fees on behalf of some or all of its regulated members unless the Minister grants the college an approval under

section 27. 1 2

(3) A college or a council or committee of a college may not be a certified bargaining agent as defined in the Labour Relations Code. Annual report 4(1) A college must submit to the Minister an annual report of its activities in a form acceptable to the Minister that contains the information requested by the Minister, including but not restricted to (

a) a statement respecting the number of complaints made and their disposition, including the number of hearings closed to the public in whole or in part, the number of appeals and the number of regulated members dealt with under

section 117; (

b) information respecting registration; (

c) a description of and information about the college’s continuing competence program; (

d) whether the college has an approval under

section 27 and, if so, a statement describing how it is complying with conditions imposed on the approval, if any; (

e) a statement respecting the committees and tribunals established under this Act; (

f) audited financial information or financial information in a form and manner satisfactory to the Minister.

(2) On receipt of a report under subsection (1), the Minister must lay a copy of it before the Legislative Assembly if it is then sitting or, if it is not then sitting, within 15 days after the commencement of the next sitting.

(3) The Minister may, to ensure that the requirements of this Act are met, require reports from the college in addition to the annual report under subsection (1). Council, President and Registrar Council established 5(1) The governing body of a college is the council.

(2) The council consists of the president and (

a) the regulated members provided for in the by-laws, (

b) the non-voting members, if any, provided for in the by-laws, and 1 3

(

c) subject to

section 12(1), the number of public members appointed by the Lieutenant Governor in Council.

(3) The president and members described in subsection (2)(

a) and (

c) are the voting members of council.

(4) A member described in subsection (2)(a), (

b) or (

c) continues to hold office after the expiry of the member’s term until the member is reappointed or re-elected or a successor is appointed or elected.

(5) Despite

section 12, if a member described in subsection (2)(a), (

b) or (

c) is not capable of carrying out the powers and duties of a member, the council may continue to carry out its powers and duties until a successor is appointed or elected. Council’s role 6 A council manages and conducts the activities of the college, exercises the rights, powers and privileges and carries out the duties of the college in the name of and on behalf of the college and carries out the powers and duties of the council under this Act and the by-laws. President 7 A council must appoint, elect or provide for the appointment or election of an individual to be president for the purposes of this Act.

Registrar 8 A council must appoint or provide for the appointment of an individual as registrar for the purposes of this Act. Committees and Tribunals Registration committee 9(1) A council (

a) may establish a registration committee consisting of no fewer than 3 members, the majority of which must be regulated members, and (

b) if a registration committee is established, must designate a member of that committee to act as chair.

(2) A member of a registration committee continues to hold office after the expiry of the member’s term until the member is reappointed or a successor is appointed.

(3) Despite subsection (1), if a member of a registration committee is not capable of carrying out the powers and duties of a member, the registration committee may continue a review of an application 1 4

in which the member was participating and the registration committee may carry out its powers and duties with respect to that review.

(4) A registration committee may, (

a) if provided for in the by-laws, review an application for registration, and (

b) undertake any other power or duty given to it under this Act or the by-laws. Competence committee 10(1) A council (

a) may, subject to

Schedule 21, establish a competence committee, and (

b) must establish the competence committee if the college is authorized by regulation or by

Schedule 21, to undertake practice visits.

(2) Subject to

Schedule 21, a competence committee must consist of no fewer than 3 members appointed by the council and the majority of members must be regulated members and the council must designate a member of that committee to act as chair.

(3) A council may, by by-law, direct the registration committee to carry out the powers and duties of a competence committee except those described in subsection (6)(b).

(4) A member of a competence committee continues to hold office after the expiry of the member’s term until the member is reappointed or a successor is appointed.

(5) Despite

section 12, if a member of a competence committee is not capable of carrying out the powers and duties of a member, the competence committee may continue to conduct a practice visit in which the member was participating, and the competence committee may carry out its powers and duties with respect to that practice visit.

(6) A competence committee (

a) may make recommendations to the council on continuing competence requirements and the assessment of those requirements, (

b) may, if authorized by the regulations, provide for practice visits as part of the continuing competence program and conduct a practice visit of regulated members, and 1 5

(

c) may undertake any other power or duty given to it under this Act or the by-laws.

(7) Despite subsection (6) and

section 20, if a competence committee is authorized to conduct practice visits it shall not carry out any powers or duties under sections 28 to 30. Competence committee appointee 11 A competence committee may appoint a person or persons who have technical expertise or other relevant knowledge to inquire into and report to the competence committee with respect to any matter related to any power or duty of the competence committee.

Required public members 12(1) Twenty-five percent of the voting members of a council, a complaint review committee and a hearing tribunal and of a panel of any of them must be public members but with the consent of the council the percentage of the public members may be greater than 25% .

(2) Despite the by-laws governing quorum, the number of public members required by subsection (1) must be present at a meeting of a council, a complaint review committee and a hearing tribunal and a panel of any of them.

(3) Despite subsection (2), the powers and duties of a council or a panel of council, when hearing an appeal under

Part 4, are not affected (

a) by the failure of a public member to attend a meeting of the council, or (

b) by a vacancy in the office of a public member.

(4) Despite subsections (1) to (3), the powers and duties of a council, complaint review committee or hearing tribunal or a panel of any of them are not affected by a vacancy in the office of a public member for up to 2 years from the date that the

schedule to this Act governs the college comes into force. Public members appointed, lists 13(1) Subject to subsection (2), the Lieutenant Governor in Council (

a) may, after the Minister has consulted with the affected council, appoint and rescind the appointment of public members to a council, and 1 6

(

b) may appoint persons to a list of public members for the purpose of establishing complaint review committees and hearing tribunals.

(2) The following are not eligible to be appointed to a list of public members: (

a) with respect to an appointment to a council, a person who is a regulated member of that college; (

b) a person who represents or is normally engaged in representing a group of employees who are regulated members in the negotiation of collective bargaining agreements or in any proceedings under a collective bargaining agreement with respect to regulated members or who negotiates or sets professional fees or guidelines on professional fees on or on behalf of regulated members of a college; (

c) a member or officer of a regional health authority, the Advisory Board, the Provincial Mental Health Advisory Board or the Alberta Cancer Board.

(3) The public members of a complaint review committee and a hearing tribunal are the persons designated by a hearings director from the list, established under subsection (1)(b), of public members, other than regulated members of the college.

(4) A public member may be appointed to a list of public members for a term of up to 3 years and may be reappointed, but may not be appointed for more than 6 consecutive years.

(5) A member of a council appointed under subsection (1)(

a) continues to be an appointed member after the expiry of the term of the appointment until the member is reappointed, the member’s appointment is rescinded or a successor is appointed.

(6) Public members under this

section may, at the rates prescribed by the Lieutenant Governor in Council, be paid remuneration for their services by and receive reasonable living and travelling expenses from the Government incurred in the course of their duties as members. Hearings director, complaints director 14(1) A council must provide for the appointment of an individual as a hearings director for the purposes of this Act.

(2) A hearings director may not chair nor participate in a hearing, review or appeal under

Part 4. 1 7

(3) A council must provide for the appointment of an individual as a complaints director for the purposes of this Act. Membership lists 15(1) A council must appoint members to a membership list consisting of no fewer than 4 regulated members to be used for appointing members to both hearing tribunals and complaint review committees.

(2) Only regulated members are eligible to be included on a list referred to in subsection (1). Tribunal, complaint review committee established 16(1) The hearings director may establish a hearing tribunal and a complaint review committee consisting of (a) 2 or more members from the membership list established under

section 15, and (

b) the number of public members required by

section 12(1), and if a hearing tribunal or complaint review committee is established, the hearings director must designate a member of that tribunal or committee to act as chair.

(2) A member of a hearing tribunal or of a complaint review committee continues to hold office after the expiry of the member’s term until the member is reappointed or a successor is appointed.

(3) Despite

section 12(2), if a member of a hearing tribunal or of a complaint review committee is not capable of carrying out the powers and duties of a member, (

a) the hearing tribunal may continue to hold a hearing in which the member was participating and the hearing tribunal may carry out its powers and duties with respect to that hearing, and (

b) the complaint review committee may continue to review and ratify a settlement under

section 60 and to conduct a review under

section 68 in which the member was participating and the complaint review committee may carry out its powers and duties with respect to that settlement or review.

(4) All members of a hearing tribunal and of a complaint review committee are voting members.

(5) The hearings director may direct one or more hearing tribunals or complaint review committees established under this

section to 1 8

carry out any power or duty that a hearing tribunal or complaint review committee may carry out under this Act. Tribunal, committee powers, duties 17(1) A hearing tribunal’s powers and duties include holding hearings under this Act.

(2) A complaint review committee’s powers and duties include reviewing and ratifying settlements under

section 60 and conducting reviews under

section 68. Panels Council, committee panels 18(1) Subject to

section 12, (

a) a person or committee designated by a council may designate 3 members of council to sit as a panel of council and designate a member of the panel to act as chair, or (

b) the chair of the registration committee and of the competence committee may designate 3 members of the registration committee or competence committee to sit as a panel of the registration committee or competence committee and designate a member of the panel to act as chair.

(2) A person or committee designated by a council may direct a panel of the council to carry out the powers and duties of the council with respect to a review under

Part 2 and an appeal under

Part 4 or

section 117.

(3) The chair of the registration committee or of the competence committee may direct a panel of the registration committee or of the competence committee to carry out any power or duty that the registration committee or competence committee may carry out under this Act.

(4) If a member designated under subsection (1) is not capable of carrying out the powers and duties of a member, the panel may continue an appeal or review an application in which the member was participating and the panel may carry out its powers and duties with respect to that appeal or application.

(5) A power or duty carried out by a panel of the council, of the registration committee or the competence committee is a power or duty carried out by the council, registration committee or competence committee. 1 9

(6) Two or more panels of the council, of the registration committee or of the competence committee may carry out their powers and duties simultaneously.

(7) Any reference in this Act or any other enactment to a council, registration committee or competence committee is deemed to be also a reference to a panel of the council, of the registration committee or of the competence committee. Delegation Council delegation 19(1) A council may delegate any of its powers and duties to one or more persons or committees, except the power to make regulations or by-laws and to adopt a code of ethics or standards of practice.

(2) A council may impose conditions on a delegation under subsection (1).

(3) When a council delegates a power or duty, it may authorize the person or committee to further delegate the power or function, subject to any conditions imposed by the council.

(4) Any reference in this Act or another enactment to a council is deemed to be also a reference to a delegate and to a delegate of the delegate under this section. Person, committee delegation 20(1) Subject to the by-laws, a person or committee to whom a power or duty is given under this Act or the by-laws may delegate the power or duty to one or more other persons or committees.

(2) A person or committee making a delegation under subsection (1) may impose conditions on the delegation.

(3) Despite subsection (1), (

a) the powers and duties of both a complaints director and a hearings director may not be delegated to the same person, and (

b) a complaint review committee, a hearing tribunal or a council or panel of council may not delegate its powers or duties with respect to a review or appeal under

Part 4.

(4) Any reference in this Act or any other enactment to a person or committee to whom a power or duty is given under this Act is deemed to be also a reference to a delegate of the person or committee under this section. 2 0

Officials directory 21(1) The council must establish and keep up to date a directory that contains the names of and how to contact (

a) the complaints director and any delegate; (

b) the hearings director and any delegate; (

c) the registrar and any delegate; (

d) the president and any delegate; (

e) the council and any delegate and any delegate of the delegate.

(2) The information under subsection (1) must, on request, (

a) be made available to the public during regular business hours, and (

b) be provided to the Minister. Advisory B oard Advisory Board established 22(1) The Health Professions Advisory Board is established.

(2) The Advisory Board consists of (

a) not more than 12 persons appointed as members by the Lieutenant Governor in Council, of which at least 25% must be regulated members, and (

b) the following non-voting members, who must be employees of the Government: (

i) one employee designated by the Deputy Minister of Labour; (ii) one employee designated by the Deputy Minister of Health; (iii) one employee designated by the Deputy Minister of Advanced Education and Career Development; (iv) one employee designated by the Deputy Minister of Family and Social Services.

(3) A person may be appointed under subsection (2)(

a) for a term of up to 3 years and may be reappointed, but may not be appointed for more than 6 consecutive years. 2 1

(4) The powers and duties of the Advisory Board are not affected (

a) subject to subsection (5), by the failure of a voting member to attend a meeting of the Advisory Board, or (

b) by a vacancy in the office of a voting member.

(5) The quorum is at least ½ of the persons appointed as voting members.

(6) The Lieutenant Governor in Council may designate a chair of the Advisory Board from among the voting members and in the absence or inability of the chair to act the voting members may designate a voting member as acting chair.

(7) Voting members appointed under this

section may be paid remuneration and may receive reasonable living and travelling expenses while away from their ordinary places of residence in the course of their duties as members at the rates prescribed by the Lieutenant Governor in Council.

(8) The Minister may provide administrative, secretarial and clerical services required by the Advisory Board. Advisory Board’s role 23 The Advisory Board may, on the request of the Minister, investigate and provide the Minister with advice related to this Act and

Schedule 7.1 of the Government Organization Act. Advisory Board meetings 24(1) The Advisory Board must give the colleges reasonable notice of the matters to be discussed at a meeting of the Advisory Board and allow them to make submissions.

(2) A meeting of the Advisory Board must be open to the public unless the Advisory Board determines that the meeting should be closed for the purposes of discussion and voting.

(3) The portion of an Advisory Board meeting when submissions are presented must be open to the public unless the Advisory Board is satisfied that the interests of the person making the submission, or of any other person, would be detrimentally affected if the submission were not presented in private. Regulated Professions Applying to be a regulated profession 25(1) A group of persons seeking to be a regulated profession must apply to the Minister for recommendation to the Legislature that this Act be amended to include the proposed profession as a regulated profession. 2 2

(2) An application under subsection (1) (

a) must be made by an organization that represents the majority of persons carrying on that profession in Alberta, (

b) must be in the form and contain the information requested by the Minister, and (

c) must be accompanied by the application fee set by the Minister.

(3) On receipt of an application under subsection (1), the Minister may direct the Advisory Board to investigate whether the profession should be regulated under this Act.

(4) When conducting an investigation under subsection (3), the Advisory Board may investigate as it considers necessary and, without limiting the generality of the foregoing, may do one or more of the following: (

a) evaluate the risk to the physical and psychological health and safety of the public from incompetent, unethical or impaired practice of the profession; (

b) ascertain what constitutes the practice of the profession, whether persons practising the profession should be authorized to provide restricted activities and the conditions, if any, that should apply to the practice of the profession or the provision of restricted activities; (

c) evaluate and make recommendations on the services normally provided by a person practising the profession, including the complexity of the services and how they are carried out; (

d) consider whether the services normally provided by persons practising the profession are regulated by an enactment; (

e) consider whether the profession is a distinct and identifiable profession; (

f) consider whether the proposed protected title is appropriately descriptive and whether it is likely to cause public confusion; (

g) consider the potential costs and benefits of regulating the profession, including the expected effect on practitioner availability and on education and training programs, the expected effect on enhancement of quality of service and the expected effect on prices, access and service efficiency; 2 3

(

h) ascertain the qualifications and minimum standards of competence that are required for a person applying to practise the profession and how the continuing competence of practitioners is to be maintained, ascertain what education programs are available and evaluate the available education programs; (

i) ascertain the ability of the proposed college of the profession to carry out its powers and duties under this Act or consider whether they could be carried out by an existing college; (

j) evaluate the effect, if any, that there would be on any agreements on trade and mobility to which Canada or Alberta is a signatory if the profession would become a regulated profession; (

k) on the request of the Minister, consider any other matter. Recommenda tion to Minister 26(1) On completing an investigation under

section 25(3), the Advisory Board must recommend to the Minister, with reasons for the recommendation, whether it would be in the public interest that this Act be amended to include the profession as a regulated profession and may make any other recommendation that, in its opinion, is compatible with the public interest.

(2) If the Advisory Board recommends that the profession be a regulated profession under this Act, the Advisory Board must also make recommendations respecting (

a) the college for the proposed regulated profession, (

b) a proposed practice for the proposed regulated profession, and (

c) a name, title and initials, if any, for the proposed regulated profession and its members, and the Advisory Board may make any other recommendations that, in its opinion, are compatible with the public interest. Fee negotiation approval 27 If the Minister is satisfied that a college is organized so that when it undertakes its powers, duties and functions under this Act it would not be influenced by an approval, (

a) the Minister may approve the college to set professional fees, to provide guidelines on professional fees and to negotiate professional fees on behalf of some or all of its regulated members, and 2 4

(

b) the Minister may impose conditions on that approval.

PART 2 REGISTRATION Applying for Registration Application for registration 28(1) An application for registration as a regulated member is complete for the purpose of consideration under

section 29(3) if it is in the required form and given to the registrar by the applicant along with (

a) evidence of meeting the requirements for competence in the practice of the profession as required by subsection (2), (

b) the fees provided for in the by-laws, (

c) evidence of having the amount and type of professional liability insurance, if required by the regulations, (

d) evidence of being a Canadian citizen or a person lawfully permitted to work in Canada, if required by the regulations, (

e) evidence of having good character and reputation, if required by the regulations, (

f) evidence of meeting standards of language proficiency, if required by the regulations, and (

g) information required by the registrar under

section 33(4)(b).

(2) An applicant may provide evidence of competence in the practice of the profession (

a) by fulfilling one or more of the following as required by the regulations: (

i) education requirements, that may include being enrolled in a program of studies, (ii) experience requirements, (iii) successful completion of examinations, or (iv) holding certificates or diplomas, (

b) by being registered with a profession in another jurisdiction recognized by the regulations as having substantially 2 5

equivalent competence and practice requirements and meeting the requirements for persons to be registered with that profession in that jurisdiction, or (

c) by satisfying the registrar the registration committee or competence committee, of having as determined in accordance with the regulations, a combination of education, experience, practice or other qualifications, that demonstrates the competence required for registration as a regulated member.

(3) If there are reasonable and probable grounds to be of the opinion that an applicant by engaging in the regulated profession as a regulated member would create a danger to the public or be unsafe because of a disability or incapacity, the registrar, the registration committee or competence committee may require an applicant for registration to undergo physical or mental examinations by a person agreed on by the applicant and the registrar, registration committee or competence committee or, failing an agreement, designated by the registrar, registration committee or competence committee for the purpose of assisting the registrar, registration committee or competence committee in determining whether the applicant by engaging in the regulated profession as a regulated member would create a danger to the public or be unsafe.

Receipt of application 29(1) The registrar must, as soon as reasonably possible, on receipt of an application for registration as a regulated member, give notice to the applicant that the application has been received, whether it is complete and if it is not complete, why it is not complete.

(2) When an incomplete application is made complete by the applicant the registrar must, as soon as reasonably possible, give notice to the applicant that a complete application is received.

(3) On receipt of a complete application by the registrar, the registrar, registration committee or competence committee, as provided for in the by-laws, must consider the application, and make a decision under

section 30 and notify the applicant of the decision as soon as reasonably possible.

(4) An application for registration as an other member under

section 33(1)(

b) must be considered by the college in accordance with the by-laws. 2 6

Decision on application 30(1) On considering a complete application for registration as a regulated member, the registrar, the registration committee or the competence committee, as provided for in the by-laws, must (

a) approve the application, (

b) defer registration if in the opinion of the registrar, registration committee or competence committee it is in the best interest of the public to defer the registration of the applicant until the applicant complies with conditions imposed by the registrar, registration committee or competence committee, or (

c) refuse the application for registration.

(2) The registrar, registration committee or competence committee may impose conditions on an approval under subsection (1)(

a) that in the opinion of the registrar, registration committee or competence committee are in the best interest of the public.

(3) On making a decision under subsection (1) the registrar, registration committee or competence committee must (

a) give notice of the decision to the applicant, (

b) in the case of the registration committee or competence committee, give notice of the decision to the registrar, and (

c) in the case of a decision to impose conditions on a registration, to defer a registration or to refuse an application, give reasons for the decision and notify the applicant as to how the applicant may request a review of the decision under

section 31.

(4) An applicant may, on request, review the documents used by and created by the registrar, registration committee or competence committee when considering the applicant’s application.

(5) If the applicant is not notified of the decision under this

section by the date that is 120 days after notice was given under

section 29 that the application for registration is complete, the applicant may request a review under

section 31. Review application 31(1) An applicant whose application for registration is accepted subject to conditions or whose registration is deferred or whose application is refused by the registrar, registration committee or competence committee may, within 30 days of being given a copy of the decision, request a review by the council in accordance with subsection (3). 2 7

(2) An applicant who is not notified of a decision by the date described in

section 30(5) may, within 30 days from that date, request a review by the council in accordance with subsection (3).

(3) A request for a review must (

a) be in writing, (

b) set out the reasons why the application for registration should be approved with or without conditions, and (

c) be given to the registrar, who must give a copy of the request to the council.

(4) On being given a request for a review, the registrar must, within 30 days, notify the applicant of the date, place and time at which the council will conduct the review.

(5) A review must be commenced not later than 60 days after the registrar is given the request for a review.

(6) The college may, in accordance with the by-laws, charge a fee for a review. Review of registration decision 32(1) An applicant and the registrar, the registration committee or competence committee may appear with or without counsel and make representations to the council at a review.

(2) On reviewing a decision pursuant to a request for a review under

section 31, the council may (

a) confirm, reverse or vary the decision of the registrar, registration committee or competence committee and make any decision that the registrar, registration committee or competence committee could have made, (

b) refer the matter back to the registrar, registration committee or competence committee and direct the registrar, registration or competence committee to make a further assessment of the application and make a decision under

section 30 on the application, and (

c) make any further order the council considers necessary for the purposes of carrying out its decision.

(3) The council must conduct the review as soon as reasonably possible and on making a decision must give the applicant and the registrar a copy of its decision with the reasons for the decision. 2 8

Registration Registers of members 33(1) A council (

a) must establish, in accordance with the regulations, a regulated members register for one or more categories of members who provide professional services of the regulated profession, and (

b) may, in accordance with the by-laws, establish other members registers for one or more categories of non-regulated members.

(2) The name of a regulated member who is suspended remains in the register.

(3) The registrar must enter the following information for each regulated member in the appropriate category of register established under subsection (1)(a): (

a) the full name of the member; (

b) the member’s unique registration number; (

c) any conditions imposed on the member’s practice permit; (

d) the status of the member’s practice permit, including whether it is suspended or cancelled; (

e) the member’s practice specialization recognized by the college; (

f) whether the member is authorized to provide a restricted activity not normally provided by regulated members of the college; (

g) whether the member is not authorized to provide a restricted activity that is normally provided by regulated members of the college; (

h) information described in

section 118(1).

(4) The registrar (

a) may, in accordance with the regulations, (

i) enter in a register described in subsection (1)(

a) information in addition to that required by subsection (3), and (ii) remove information from a register, 2 9

and (

b) must require regulated members and applicants for registration as regulated members to provide information related to their demographic status and their practice of the regulated profession in accordance with regulations under sections 130 and 133.

(5) The registrar may, if authorized by the by-laws, enter in a register and remove from the register information about members registered under subsection (1)(b). Register information 34(1) If a member of the public, during regular business hours, requests information on the register respecting a named regulated member the college must provide the information described in

section 33(3) with respect to that member.

(2) A college may, in accordance with the regulations or by-laws, release information about its members in addition to the information referred to in subsection (1). Register error 35 The council, hearing tribunal, registration committee, complaint review committee, competence committee or Appeal Committee under

Schedule 21 may direct the registrar to correct or remove, and the registrar may correct or remove, any entry made in error in a register. Registration of regulated members 36(1) If an application for registration as a regulated member has been approved, the registrar must assign that member a unique registration number and enter the information required by

section 33(3) in the appropriate register.

(2) On entering the name of a person in the register of regulated members, the registrar must issue the person a practice permit.

(3) A practice permit must include (

a) the name of the regulated member; (

b) the regulated member’s unique registration number; (

c) the name of the college that is issuing the practice permit; (

d) a statement that the practice permit is issued pursuant to the Health Professions Act; (

e) any conditions imposed on the regulated member’s practice permit; 30

(

f) the category of registration if the college has more than one category of regulated member; (

g) the expiry date of the practice permit.

(4) If a college issues a registration document in addition to a practice permit, the college must clearly state on the registration document that it is not a practice permit.

(5) A regulated member must (

a) display the regulated member’s practice permit where the regulated member provides professional services, or (

b) on request, make the regulated member’s practice permit available for inspection. Corporations not members 37 A corporation, professional corporation or physical therapy corporation may not be registered as a regulated member nor as an other member. Practice Permit Renewal Application date for practice permit 38(1) A regulated member must submit a complete application for a practice permit to the registrar periodically by the date provided for in the by-laws.

(2) On receipt of an application for a practice permit, the registrar, registration committee or competence committee, as provided for in the by-laws, must, as soon as possible, consider the application and make a decision under

section 40(2) and notify the applicant of the decision.

(3) A regulated member’s practice permit continues in force if an application for a practice permit has been received by the registrar but a decision on the application has not been made. Cancellation if application not made 39 The registrar may, in accordance with

section 43, cancel the practice permit of a regulated member who does not comply with

section 38(1). Applying for practice permit 40(1) An application for a practice permit is complete for consideration under subsection (2) if it is in the form required and given to the registrar by a regulated member (

a) whose registration is not suspended or cancelled, 31

(

b) who (

i) meets the requirements for continuing competence of applicants for a practice permit provided for in the regulations or

Schedule 21, or (ii) is enrolled as a student in a program of studies provided for in the regulations or in a substantially equivalent program, (

c) who provides evidence of having the amount and type of professional liability insurance required by the regulations, if the insurance is required by the regulations, (

d) who provides the information required by the Registrar under

section 33(4)(b), and (

e) who has paid the practice permit fee provided for in the by-laws and provided any information requested under

section 121.

(2) The registrar, registration committee or competence committee, as provided for in the by-laws, must consider an application for a practice permit and decide whether (

a) to approve the application if the regulated member meets the requirements set out in subsection (1) and issue the member a practice permit subject to any conditions imposed by the registrar, registration committee or competence committee, (

b) to issue a practice permit but to impose conditions for the completion of the continuing competence requirements set out in the regulations within the time specified in the conditions, (

c) to suspend the practice permit of the regulated member until the member has successfully completed the continuing competence requirements set out in the regulations or is enrolled in a program of studies provided for in the regulations or a substantially equivalent program, or (

d) to refuse the application for a practice permit, and must give the regulated member and, in the case of the registration committee or competence committee give the registrar a copy of the decision with the reasons for the decision, and the registrar may, or the registration committee or competence committee may direct the registrar to issue the practice permit or suspend the practice permit in accordance with the decision, and 32

notify the regulated member of the decision and how to request a review under

section 41. Review by council 41(1) An applicant whose practice permit is issued subject to conditions, suspended or refused by the registrar, registration committee or competence committee may, within 30 days of being given a copy of the decision, request a review by giving the registrar a written request for a review that sets out the reasons why the application should be approved with or without conditions.

(2) On being given a request for a review, the registrar must, within 30 days, notify the applicant of the date, place and time at which the council will conduct the review.

(3) A review must be commenced not later than 60 days after the registrar is given the request for a review.

(4) A regulated member whose practice permit is suspended under this

section may apply to the registrar for a stay of the suspension until the council makes a decision under subsection (6), and the person or committee designated by the council must consider and make a decision on the application.

(5) The applicant and the registrar, registration committee or competence committee may appear with or without counsel and make representations to the council at the review.

(6) On completing a review, the council may (

a) confirm, reverse or vary the decision of the registrar, registration committee or competence committee and make any decision that the registrar, registration committee or competence committee could have made, or (

b) refer the matter back to the registrar, registration committee or competence committee and direct the registrar, registration committee or competence committee to make a further assessment of the application for a practice permit and make a decision under

section 40(2) on the application, and may make any further order the council considers necessary for the purposes of carrying out the decision.

(7) The council must give the applicant and the registrar a written copy of its decision under subsection (6) with the reasons for the decision.

(8) The college may, in accordance with the by-laws, charge a fee for a review. 33

Suspension, Cancellation and Reinstatement Suspension, cancellation grounds 42 A practice permit may be (

a) cancelled in accordance with sections 39 and 43, (

b) suspended in accordance with

section 40, (

c) suspended or cancelled pursuant to an order under

Part 4, (

d) cancelled on a request under

section 43(5), or (

e) suspended under

Part 6. Cancellation of practice permit 43(1) If a regulated member does not apply for a practice permit under

section 38(1), is in default of payment of the practice permit fee or fails to pay a penalty, costs or any other fees, levies or assessments due under this Act or the by-laws, the registrar, after 30 days or a greater number of days, as set out in the notice, after giving notice to the regulated member, may cancel the regulated member’s practice permit.

(2) The notice under subsection (1) must state that the registrar may cancel the registration and practice permit of the regulated member unless a complete application for a practice permit is received, the practice permit fee is paid, and any other penalties, costs, fees, levies or assessments are paid, as indicated in the notice.

(3) If a practice permit is cancelled under subsection (2) only because the practice permit fee or a penalty, cost, fee, levy or assessment is not paid, the registrar may, on its payment, issue or reissue the practice permit.

(4) If the registrar is satisfied that a regulated member does not comply with conditions imposed under

section 40(2) within the time specified, the registrar may refer the matter to the registration committee or competence committee as provided for in the by-laws and the registration committee or competence committee on being satisfied that the conditions are not complied with, may direct the registrar to cancel the member’s practice permit and registration.

(5) The registrar may cancel the registration or practice permit of a regulated member and cancel the registration of an other member on the member’s request. 34

Return of suspended or cancelled permit 44 If the practice permit of a regulated member is suspended or cancelled under this Part, suspended or cancelled under an order under

Part 4 or suspended under

Part 6, that regulated member must, on request, send the practice permit to the registrar. Reinstatement45(1) A regulated member whose practice permit is cancelled under this Act, except under

Part 4, may apply for it to be reissued in accordance with the by-laws.

(2) A person whose practice permit is cancelled under

Part 4 may apply for it to be reissued in accordance with the regulations. Registration Required Mandatory registration 46(1) A person must apply for registration if the person (

a) is qualified to meet the requirements of

section 28(2) for registration as a regulated member, and (

b) intends to provide any or all of the following: (

i) professional services directly to the public; (ii) the manufacture of dental appliances or conducting of laboratory tests that are used by other regulated members to provide professional services directly to the public; (iii) the teaching of the practice of a regulated profession to regulated members and students of the regulated profession; (iv) the supervision of regulated members who provide professional services to the public.

(2) If a registrar is of the opinion that a person who is not a regulated member meets or may meet the requirements of subsection (1)(

a) with respect to the college and provides any services described in subsection (1)(b), the registrar may give that person a written request to apply for registration.

(3) A person who receives a request under subsection (2) must give a complete application for registration, except for the application fee, to the registrar within 30 days of receiving the request, however, the application fee must be paid prior to registration.

(4) This

section does not apply to a person who is 35

(

a) a regulated member of another college, (

b) a student of a regulated profession, or (

c) authorized to provide services referred to in subsection (1) pursuant to another enactment. Prohibition 47 No person shall knowingly employ a person who meets the requirements of

section 46(1)(

a) to provide services described in

section 46(1)(

b) unless that employed person is (

a) a regulated member, or (

b) authorized to provide the services pursuant to another enactment. Offence 48(1) A person who meets the requirements of

section 46(1) but does not comply with a request under

section 46(2) is guilty of an offence.

(2) A person who is guilty of an offence under this

section is liable (

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

b) for a 2nd offence, to a fine of not more than $4000, and (

c) for a 3rd and every subsequent offence, to a fine of not more than $6000 or to imprisonment for a term of not more than 6 months or to both a fine and imprisonment.

(3) A prosecution under this

section may be commenced within 2 years after the commission of the alleged offence, but not afterwards. Injunction 49 The Court of Queen’s Bench, on application by a college by way of originating notice, may grant an injunction enjoining any person who meets the requirements of

section 46(1)(

a) from providing services described in

section 46(1)(

b) if the person is not a regulated member or is not authorized to provide the services pursuant to another enactment. 36

PART 3 CONTINUING COMPETENCE AND PRACTICE VISITS Continuing Competence Program Continuing competence program 50(1) A council must provide, by regulation, continuing competence requirements within 5 years from the date that the

schedule to this Act with respect to the profession comes into force.

(2) Continuing competence requirements (

a) must provide for regulated members to maintain competence and to enhance the provision of professional services, and (

b) may, if authorized by the regulations or

Schedule 21, provide for practice visits of the regulated members. Practice Visits Practice visit 51(1) In this section, “publicly funded facility” means an institution or facility that (

a) is an approved hospital as defined in the Hospitals Act, a nursing home as defined in the Nursing Homes Act, a correctional institution as defined in the Corrections Act, a facility as defined in the Mental Health Act, a diagnostic or treatment centre made available under

section 49(

b) of the Mental Health Act, a hospital, clinic or centre operated by the Alberta Alcohol and Drug Abuse Commission, a facility as defined in the Social Care Facilities Review Committee Act or an institution or facility operated by or approved by the Minister of Health, and (

b) is a place where professional services are provided.

(2) If authorized by the regulations to carry out practice visits as part of a continuing competence program, the competence committee may direct that a regulated member participate in a practice visit, and the regulated member must co-operate with the members of the competence committee and a person appointed under

section 11.

(3) For the purposes of conducting a practice visit, any or all of the members of the competence committee and a person appointed under

section 11 may, in order to ensure that continuing competence requirements are met, 37

(

a) subject to subsection (4), at any reasonable time and on having given notice, enter and inspect any place where the regulated member provides professional services; (

b) interview a regulated member about the member’s professional services; (

c) observe the regulated member providing professional services if the person who is receiving the professional services consents; (

d) interview or survey patients, clients and co-workers or the regulated member about the regulated member’s professional services; (

e) review documents, including a patient’s medical records, and examine substances and things that (

i) are owned by or under the control of the regulated member, and (ii) are related to the provision of professional services by the regulated member; (

f) assess the safety and condition of equipment and technology used by the regulated member in the provision of professional services.

(4) No member of the competence committee and no person appointed under

section 11 may enter (

a) a private dwelling place or any part of a place that is designed to be used and is being used as a permanent or temporary private dwelling place except with the consent of the occupant of the dwelling place, or (

b) a publicly funded facility except with the consent and agreement to the carrying out of one or more of the powers and duties under subsection (3) of the person who controls or operates the publicly funded facility.

(5) Within 90 days of completing a practice visit the competence committee must (

a) give a report to the regulated member setting out the findings of the visit; (

b) decide and advise the regulated member and the registrar whether (

i) the results from the practice visit were satisfactory, 38

(ii) the regulated member must undertake specified actions in accordance with the regulations, or (iii) in accordance with

section 52(2)(b), the information obtained from the practice visit has been referred to the complaints director under

section 56 or 117.

(6) The competence committee must make a referral under subsection (5)(b)(iii) if in the opinion of the competence committee (

a) the regulated member displays a lack of competence in the provision of professional services that has not been remedied by participating in a continuing competence program, (

b) the regulated member may be incapacitated, or (

c) the conduct of the regulated member otherwise constitutes unprofessional conduct. Confidentiality 52(1) A member of the competence committee or a person appointed under

section 11 shall not publish, release or disclose in any manner information obtained in the course of carrying out powers and duties under

section 51 except as is necessary to carry out those powers and duties.

(2) Despite subsection (1), information obtained under

section 51 may be (

a) provided or published by the competence committee in summarized or statistical form if the information is provided or published in such a manner that it is not possible to relate the information to any particular identifiable person or facility, (

b) used by the competence committee to give to the complaints director the name of a regulated member and the grounds for a referral under

section 51(5), and (

c) released or disclosed to the counsel of the regulated member in connection with proceedings under this Part,

Part 2 or

Part 4. Offence 53 A person who knowingly publishes, releases or discloses information in contravention of

section 52 is guilty of an offence and liable to a fine of not more than $10 000. 39

PART 4 PROFESSIONAL CONDUCT Division 1 Complaint Process Making a complaint 54(1) A person may give a written, signed complaint to the complaints director regarding (

a) a regulated member, or (

b) a former member.

(2) A complaint under subsection (1) is not affected by the person about whom the complaint is made ceasing to be a regulated member before the proceedings with respect to the complaint are completed.

(3) Despite subsection (1)(b), a complaint cannot be made about a former member if 2 years has elapsed since the person became a former member.

(4) Despite subsection (1)(b), a complaint about a former member who was a member under a former Act but has not been a regulated member under this Act may be made under this Part only if discipline proceedings under the former Act could be commenced if that Act were still in force.

(5) If information, a notice or non-compliance is treated as a complaint under

section 56 and acted on under

section 55, the information, notice or non-compliance is deemed to be a complaint. Acting on a complaint 55(1) Within 30 days of being given a complaint or treating information as a complaint, the complaints director must give notice to the complainant of the action taken with respect to it.

(2) The complaints director (

a) may encourage the complainant and the investigated person to communicate with each other and resolve the complaint, (

b) may make a referral to an alternative complaint resolution process under Division 2, (

c) may request an expert to assess and provide a written report on the subject-matter of the complaint, (

d) may conduct, or appoint an investigator to conduct, an investigation, 4 0

(

e) if satisfied that the complaint is trivial or vexatious, may dismiss the complaint, (

f) if satisfied that there is insufficient or no evidence of unprofessional conduct, may dismiss the complaint, and (

g) make a direction under

section 117.

(3) If the complaints director dismisses the complaint, the complaints director must, within 30 days, give notice to the complainant of the dismissal and the right to apply for a review by the complaint review committee under

section 68. Aware of unprofessional conduct 56 Despite not receiving a complaint under

section 54, but subject to

section 54(3) and (4), if the complaints director has reasonable grounds to believe that the conduct of a regulated member or former member constitutes unprofessional conduct, is given notice under

section 57 or is aware of non-compliance with a direction under

section 117, the complaints director may treat the information, notice or non-compliance as a complaint and act on it under

section 55. Termination by employer 57(1) If, because of conduct that in the opinion of the employer is unprofessional conduct, the employment of a regulated member is terminated or suspended or the regulated member resigns, the employer must give notice of that conduct to the complaints director.

(2) On being given notice under subsection (1), the complaints director must (

a) treat the employer as a complainant, (

b) despite not receiving a complaint under

section 54, treat the information as a complaint in accordance with

section 56, and (

c) notify the employer and the regulated member accordingly.

(3) For the purposes of this section, “employment” includes being engaged to provide professional services on a full-time or part-time basis as a paid or unpaid employee, consultant, contractor or volunteer. 4 1

Division 2 Alternative Complaint Resolution Process 58(1) The complaints director may, with the agreement of the complainant and the investigated person, refer the complainant and the investigated person to an alternative complaint resolution process provided for in the regulations at any time before the commencement of a hearing by the hearing tribunal.

(2) If the complaints director makes a referral under subsection (1), a member of the college must participate in or conduct the alternative complaint resolution process.

(3) The person who conducts an alternative complaint resolution process must be impartial and must act impartially.

(4) If a report has been prepared under

section 55(2)(

c) with respect to the complaint, the complaints director must submit a copy of the report to the person conducting the alternative complaint resolution process.

(5) If a report has not been prepared by an expert, the person conducting the alternative complaint resolution process may request an expert to assess and submit a written report on the subject-matter of the complaint or matters arising during the alternative complaint resolution process.

(6) A person who conducts an alternative complaint resolution process may assist in settling a complaint, but if (

a) in the opinion of that person a settlement is not likely to occur, or (

b) the complaint review committee does not ratify the settlement under

section 60, the person must notify the complaints director.

(7) If during the alternative complaint resolution process information is introduced that causes the person conducting the alternative complaint resolution process to believe that the matter is substantially different from the original complaint, the person must notify the complaints director and the complaints director must decide whether the alternative complaint resolution process may continue or whether the matter must be processed under subsection (8).

(8) On being notified under subsection (6) or

section 60(7)(

b) or on deciding under subsection (7) to process a matter under this subsection, the complaints director must 4 2

(

a) if an investigation has not been commenced, commence an investigation under Division 3, (

b) if an investigation has been commenced but no report of the investigation has been made, refer the complaint back to the investigator, if available, or appoint another investigator to complete the investigation regarding the complaint and make a report, (

c) dismiss the complaint, or (

d) in all other cases, refer the matter to the hearings director for a hearing. Evidence 59(1) A person who conducts an alternative complaint resolution process must keep any records relating to the process separate from the college records except a ratified settlement.

(2) Any document prepared or generated for the purposes of an alternative complaint resolution process belongs to the person who prepared or generated the document.

(3) Except for information described in

section 58(7) or that is part of a ratified settlement or a report prepared pursuant to a request under

section 58(5), any communication and evidence arising from anything said, evidence of anything said or evidence of an admission or communication made in the course of an alternative complaint resolution process is confidential and not admissible in any proceedings under this or any other Act or in any action, matter or proceeding before a court (

a) without the written consent of the investigated person and the complainant, and (

b) in the case of written evidence, without the written consent of the person who prepared the written evidence, the investigated person and the complainant. Settlement 60(1) If the complainant and the investigated person agree, in writing, to a proposed settlement of a complaint in an alternative complaint resolution process, the person conducting the alternative complaint resolution process must report the settlement to the complaint review committee.

(2) The complaint review committee may, on reviewing a proposed settlement of a complaint referred to it under subsection (1), (

a) ratify the settlement, 4 3

(

b) with the consent of the complainant and the investigated person, amend the settlement and then ratify the settlement or (

c) refuse to ratify the settlement.

(3) The complaint review committee must notify the complaints director of its actions under subsection (2).

(4) On being aware that a ratified settlement is not complied with, the complaints director may (

a) treat it as information acted on under

section 55, or (

b) treat it as a complaint and refer it to the hearings director for a hearing.

(5) If the complaints director makes a referral under subsection (4)(b), the information is deemed to be a complaint and the complaints director must notify the complainant and the investigated person.

(6) The college may publish, in accordance with the by-laws, information respecting a complaint and a ratified settlement but may reveal the identity (

a) of the complainant, only with the consent of the complainant and the investigated person, or (

b) of the investigated person, only with the consent of the complainant, and the college must retain a copy of the ratified settlement.

(7) Subject to subsections (4) and (6), if a ratified settlement (

a) relates to all the matters complained of or that arose during the alternative complaint resolution process, no further proceedings under this Part may be taken with respect to those matters, or (

b) relates to only part of the matters complained of or that arose during the alternative complaint resolution process, the person who conducted the alternative complaints resolution process must notify the complaints director of the matters that do not form part of the ratified settlement and the complaints director must act on it under

section 58(8). 44

Division 3 Investigations Notice of investigation 61(1) If an investigation is to be conducted under this Part, the complaints director (

a) must give the complainant the name of the investigator, and (

b) must, unless it would significantly harm the investigation, give the investigated person the name of the investigator and reasonable particulars of the complaint to be investigated.

(2) If the investigated person is not given the information referred to in subsection (1)(

b) when an investigation is to be conducted, the complaints director must give the information (

a) when there would be no significant harm to the investigation, or (

b) before the investigation is completed, whichever is earlier. Investigation scope 62(1) An investigator may investigate a complaint.

(2) In the course of an investigation under subsection (1), an investigator may investigate matters that are related to the conduct of the investigated person that could give rise to a finding of unprofessional conduct. Investigation powers 63(1) An investigator (

a) may, at any reasonable time, (

i) require any person to answer any relevant questions and direct the person to answer the questions under oath, and (ii) require any person to give to the investigator any document, substance or thing relevant to the investigation that the person possesses or that is under the control of the person, (

b) may require any person to give up possession of any document described in clause (

a) to allow the investigator to take it away to copy it, in which case the investigator 4 5

must return it within a reasonable time of being given it but must return it no later than after a hearing is completed, (

c) may require any person to give up possession of any substance and thing described in clause (

a) to allow the investigator to take it away to examine it and perform tests on it, in which case the investigator must return it, if appropriate and possible, within a reasonable time of being given it but must return it, if appropriate and possible, no later than after a hearing is completed, and (

d) subject to subsection (7), at any reasonable time enter and inspect any building where a regulated member provides professional services, but if the building contains a private dwelling place may not enter any part of the building designed to be used as and is being used as a permanent or temporary private dwelling place.

(2) The investigator may copy and keep copies of anything given under subsection (1).

(3) The complaints director, on the request of an investigator or without a request if the complaints director is the investigator, may apply to the Court of Queen’s Bench for (

a) an order directing any person (

i) to produce to the investigator any documents, substances or things relevant to the investigation in the person’s possession or under the person’s control, (ii) to give up possession of any document described in subclause (

i) to allow the investigator to take it away to copy it, in which case the investigator must return it within a reasonable time after receiving it but return it no later than after a hearing is completed, or (iii) to give up possession of any substance or thing described in subclause (

i) to allow the investigator to take it away, examine it and perform tests on it, in which case the investigator must return it, if possible, within a reasonable time of being given it but return it, if possible, no later than after a hearing is completed; (

b) an order directing any person to attend before the investigator to answer any relevant questions the investigator may have relating to the investigation. 46

(4) An application for an order under subsection (3) may be made without notice if the Court is satisfied that it is proper to make the order in the circumstances.

(5) A person may comply with a request to give documents under subsection (1)(a)(ii) or an order under subsection (3)(a)(

i) by giving copies of the documents to the investigator.

(6) If a person gives copies under subsection (5), the person must on the request of the investigator allow the investigator to compare the copies with the original documents at the person’s place of business during regular business hours.

(7) No investigator may enter a publicly funded facility, as defined in

section 51, except with the consent of the person who controls or operates the publicly funded facility. Proceedings delayed 64 If during the investigation the complaints director refers the complainant and the investigated person to an alternative complaint resolution process in accordance with this Part, the investigation and hearing must not proceed unless the complaints director is notified as described in

section 58(6) or makes a decision under

section 58(7). Conditions, suspension during proceedings 65(1) On the recommendation of the complaints director or the hearing tribunal, a person or committee designated by the council may (

a) impose conditions on an investigated person’s practice permit generally or with respect to any area of the practice of that regulated profession, including the condition that the investigated person (

i) practise under supervision, or (ii) practise with one or more other regulated members, or (

b) suspend the practice permit of an investigated person, until the completion of proceedings under this Part.

(2) The investigated person may apply for an order of the Court of Queen’s Bench to stay a decision by a person or committee under subsection (1) by filing an originating notice with the Court and giving a copy to the registrar. 4 7

Report of investigation 66(1) When an investigator concludes an investigation, the investigator must make a report within a reasonable time and, if the investigator is not the complaints director, submit the report to the complaints director.

(2) If, on reviewing a report made under this section, the complaints director determines that the report is not complete or that the investigation was not properly conducted, the complaints director (

a) must direct the investigator, or appoint another investigator, to undertake further investigation and make a report and submit it to the complaints director, and (

b) may request an expert to assess and prepare a written report on the subject-matter of the complaint or matters arising from the investigation of the complaint.

(3) If, on reviewing a report prepared under this

section or

section 68(5)(b), the complaints director determines that the investigation is concluded, the complaints director must (

a) refer the matter to the hearings director for a hearing, or (

b) dismiss the complaint, if in the opinion of the complaints director (

i) the complaint is trivial or vexatious, or (ii) there is insufficient or no evidence of unprofessional conduct.

(4) Despite subsection (3)(a), if the hearing tribunal has not commenced a hearing and the complaints director learns of new evidence that causes the complaints director to be of the opinion that the complaint is trivial or vexatious or there is insufficient or no evidence of unprofessional conduct, the complaints director may withdraw the complaint from the hearings director and hearing tribunal and dismiss the complaint. Notification of action taken 67 The complaints director must notify the complainant and the investigated person in writing of the action taken under

section 66(3) and if the complaint is dismissed (

a) must give the reasons, and (

b) notify the complainant in writing of the right to apply to the hearings director for a review under

section 68. 4 8

Review of dismissal of complaint 68(1) A complainant may apply, in writing with reasons, to the hearings director for a review of the dismissal of a complaint within 30 days of being notified of the dismissal under

section 55 or 67.

(2) Despite

section 14(2), on receipt of an application under subsection (1) the hearings director must notify the investigated person, give a copy of the application to the complaint review committee and direct the complaints director to give a copy of the report made under

section 66 to a complaint review committee.

(3) Within 60 days of receipt of a report under subsection (2), a complaint review committee must commence a review of the report and the decision to dismiss the complaint.

(4) A complaint review committee may determine whether the submissions to it with respect to a review under subsection (3) by the complainant and the investigated person must be written, oral or both.

(5) The complaint review committee, on complying with subsection (3), must (

a) refer the matter to the hearings director for a hearing, (

b) direct the complaints director to conduct or appoint an investigator to conduct a further investigation and to prepare a report on the further investigation and submit it to the complaint review committee for its consideration before acting under clause (

a) or (c), or (

c) confirm that the complaint is dismissed if in the opinion of the complaint review committee (

i) the complaint is trivial or vexatious, or (ii) there is insufficient or no evidence of unprofessional conduct.

(6) The complaint review committee must give the complainant and the investigated person written notification, with reasons, of any action taken under subsection (5). Hearing to be scheduled 69 Within 90 days of receiving a referral for a hearing, the hearings director must set a date for a hearing with respect to the complaint unless (

a) the complaints director dismisses the complaint under

section 66(4), 49

(

b) the president grants, on reasonable grounds, an extension on application by the hearings director, or (

c) the complaints director and investigated person agree to an extension. Admission of unprofessional conduct 70(1) At any time after a complaint has been made but before the hearing tribunal has made a decision as to whether unprofessional conduct has occurred, an investigated person may submit a written admission of unprofessional conduct to the hearings director.

(2) An admission under subsection (1) may not be acted on unless it is acceptable in whole or in part to the hearing tribunal.

(3) If an admission under subsection (1) is accepted in whole or in part by the hearing tribunal, any investigation of the complaint and any alternative complaint resolution process with respect to the complaint are suspended, and the hearing tribunal may hold a hearing to decide (

a) whether the admitted conduct is unprofessional conduct, and (

b) whether any orders are to be made under

section 82(1).

(4) Despite subsection (3), if an admission under subsection (1) does not relate to all the matters complained of or investigated, the remaining matters may be submitted to the complaints director to be treated as information received under

section 56. Division 4 Hearings and Decisions Bias prevention 71 Any person who has investigated, reviewed or made a decision on a complaint or matters related to a complaint may not subsequently sit as a member of a council, tribunal or committee while it is holding a hearing or a review with respect to that complaint. Investigated person at hearing 72(1) The investigated person must appear and may be represented by counsel at a hearing before the hearing tribunal.

(2) The investigated person or counsel for the investigated person may examine any witness appearing before the hearing tribunal. 5 0

Witnesses Investigated person’s witnesses 73 The investigated person may call as a witness and cause to be given to any person, including the complainant, a notice to attend or a notice to attend and a notice to produce at the hearing any document, substance or thing related to the subject-matter of the hearing. College witnesses 74 The complaints director may request that any person, including the complainant and the investigated person, who in the opinion of the complaints director has knowledge of the subject-matter of the hearing be called as a witness and be given, under

section 77, a notice to attend or a notice to attend and a notice to produce any document, substance or thing related to the subject-matter of the hearing. Notice 75 A notice under sections 73 and 74 must be signed by the hearings director and the college must retain a copy of the notice. Rights and obligations of witnesses 76(1) A witness including the investigated person may be examined under oath, may give evidence on all matters relevant to the hearing before the hearing tribunal and is not excused from answering a question because the answer may (

a) tend to incriminate the witness, (

b) subject the witness to orders under this Part, or (

c) tend to establish the witness’s liability in a civil proceeding or a prosecution under this or any other enactment.

(2) If an answer given under subsection (1) by a witness could (

a) establish the witness’s liability in a court proceeding or proceedings under any enactment, or (

b) incriminate the witness, that answer may not be used or received against the witness in a civil proceeding, a prosecution under this Act or proceedings under any other Act, but that answer may be used or received against the witness in proceedings in respect of perjury or giving contradictory evidence under this Act.

(3) A witness must be advised that the hearing is open to the public unless the hearing tribunal directs that the hearing be closed. 5 1

(4) If a person who has been given a notice to attend or a notice to attend and notice to produce in accordance with

section 73 or 77 and fails (

a) to attend the hearing, (

b) to produce the items set out in the notice to produce, or (

c) to be sworn or to answer any question that the hearing tribunal directs the person to answer, the college or the investigated person may apply to the Court of Queen’s Bench for an order directing the person to comply with the notice.

(5) An application for an order under subsection (4) may be made without notice to the other party if the Court is satisfied that it is proper to make the order in the circumstances.

(6) If a witness is outside of Alberta, a judge of the Court of Queen’s Bench may, on an application made by the college or the investigated person without notifying the witness, direct the issuing of a commission for the obtaining of evidence of the witness, but the commission may only be issued and the evidence must be taken in the same manner as under the Alberta Rules of Court. Hearings College duties in respect of hearing 77 The hearings director must (

a) at least 30 days before the hearing, give the investigated person a notice to attend and give reasonable particulars of the subject-matter of the hearing, (

b) prior to the hearing, advise the complainant of the date, time and location of the hearing, (

c) as requested under

section 74 give any person a notice to attend, and (

d) as requested under

section 74 give any person who is to produce documents or any substance or thing a notice to attend and a notice to produce. Access to hearing 78(1) A hearing is open to the public unless (

a) the hearing tribunal holds the hearing or part of the hearing in private on its own motion or on an application of any 5 2

person that the hearing or part of the hearing should be in private (

i) because of probable prejudice to a civil action or a prosecution of an offence, (ii) to protect the safety of the person or of the public, (iii) because not disclosing a person’s confidential personal, health, property or financial information outweighs the desirability of having the hearing open to the public, (iv) because the presence of the public or complainant could compromise the ability of a witness to testify, or (

v) because of other reasons satisfactory to the hearing tribunal, or (

b) another Act requires that the hearing or part of the hearing be held in private.

(2) If a hearing or part of a hearing is held in private, the hearing tribunal must state the reason why and must include the reason in the record.

(3) Even if a hearing is held in private, (

a) the investigated person and the investigated person’s counsel may attend, (

b) the complainant may attend unless the hearing tribunal directs otherwise, and (

c) the complaints director and hearing tribunal’s, complaints director’s and college’s counsel may attend.

(4) Even if a hearing is open to the public, a witness, except for the investigated person, may be excluded from the hearing until the witness has given evidence and has been released or dismissed from the hearing. Tribunal at hearing 79(1) If the hearing tribunal is advised by counsel acting on behalf of the tribunal at a hearing, that counsel may not lead or present evidence at the hearing on behalf of the college nor be the counsel of the complaints director. 5 3

(2) The hearing tribunal may request an expert to assess and prepare a written report on any matter that in the opinion of the hearing tribunal is relevant to the subject-matter of the hearing.

(3) The hearing tribunal may hear evidence on any other matter that arises in the course of a hearing, but the hearing tribunal must give the investigated person notice of its intention to hear the evidence and on the request of the investigated person must grant an adjournment before hearing the evidence.

(4) If the hearing tribunal is of the opinion that a separate hearing is required with respect to a matter described in subsection (3), the hearing tribunal may (

a) refer the matter as a complaint to the complaints director under

section 54, or (

b) refer the matter to the hearings director under

section 69 for a hearing.

(5) Evidence may be given before the hearing tribunal in any manner that it considers appropriate, and it is not bound by the rules of law respecting evidence applicable to judicial hearings.

(6) Despite

section 72(1), if the investigated person does not appear at a hearing and there is proof that the investigated person has been given a notice to attend the hearing tribunal may (

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

b) act or decide on the matter being heard in the absence of the investigated person. Decisions and Records Tribunal decision 80(1) The hearing tribunal may decide that the conduct of an investigated person does or does not constitute unprofessional conduct.

(2) If the hearing tribunal is of the opinion that there are reasonable and probable grounds to believe that the investigated person has committed a criminal offence, the hearing tribunal must direct the hearings director to send a copy of the written decision under

section 83 to the Minister of Justice and Attorney General and on the request of the Minister of Justice and Attorney General also send a copy of the record of the hearing. 5 4

Previous decisions 81 If the hearing tribunal decides that the conduct of an investigated person constitutes unprofessional conduct, the hearing tribunal may request the college to provide it with a copy of any previous decision of unprofessional conduct with respect to the investigated person and a copy of the record of the previous hearing. Orders of tribunal 82(1) If the hearing tribunal decides that the conduct of an investigated person constitutes unprofessional conduct, the hearing tribunal may make any one or more of the following orders: (

a) caution the investigated person; (

b) reprimand the investigated person; (

c) impose conditions on the investigated person’s practice permit generally or in any area of the practice of the regulated profession, including conditions that the investigated person (

i) practise under supervision, (ii) practise with one or more other regulated members, (iii) not practise in an area of the practice of the regulated profession until the investigated person has completed a specific course of studies or obtained supervised practical experience of a type described in the order, (iv) not practise in an area of the regulated profession, or (

v) report on specific matters to the hearing tribunal, council, committee or individual specified in the order; (

d) direct the investigated person to satisfy the hearing tribunal, committee or individual specified in the order that the investigated person is not incapacitated and suspend the investigated person’s practice permit until the hearing tribunal, committee or individual is so satisfied; (

e) require the investigated person to undertake counselling or a treatment program that in its opinion is appropriate; (

f) direct that within the time set by the order the investigated person must pass a specific course of study, obtain supervised practical experience of a type described in the order or satisfy the hearing tribunal, committee or individual specified in the order as to the investigated 55

person’s competence generally or in an area of the practice of the regulated profession; (

g) suspend the practice permit of the investigated person for a stated period or until (

i) the investigated person has successfully completed a specific course of studies or obtained supervised practical experience of a type described in the order, or (ii) the hearing tribunal or a committee or individual specified in the order is satisfied as to the competence of the investigated person generally or in a specified area of the practice of the regulated profession; (

h) cancel the registration and practice permit of the investigated person; (

i) if, in the opinion of the hearing tribunal, the investigated person’s fees for professional services were improper or inappropriate or the professional services that the investigated person provided were improperly rendered or required the complainant to undergo remedial treatment, the hearing tribunal may direct the investigated person to waive, reduce or repay the fee for professional services provided by the investigated person; (

j) direct, subject to the regulations, that the investigated person pay within the time set in the order all or part of the expenses of the investigation or hearing; (

k) direct that the investigated person pay to the college within the time set in the order a fine not exceeding the amount set out in the column of the unprofessional conduct fines table that is specified for the college in a

schedule to this Act for each finding of unprofessional conduct or the aggregate amount set out in that column for all of the findings arising out of the hearing; (

l) any order that the hearing tribunal considers appropriate for the protection of the public.

(2) The hearing tribunal may, in an order under subsection (l), stay the order or a portion of the order on conditions set out in the order.

(3) If the complaints director is satisfied that a person has not complied with an order under this

section or

section 89(5)(b), the complaints director may 5 6

(

a) treat the matter as information under

section 56, (

b) refer the matter to the hearings director to

schedule a hearing before the hearing tribunal, or (

c) in the case of non-payment of a fine described in subsection (1)(

k) or expenses described in subsection (1)(

j) or

section 89(6), suspend the practice permit of the investigated person until the fine or expenses are paid in full or the complaints director is satisfied that they are being paid in accordance with an agreement entered into with the investigated person.

(4) A fine or expenses ordered to be paid under this

section and

section 89 are a debt due to the college and may be recovered by the college by an action in debt. Written decision 83 The hearing tribunal must, within a reasonable time after the conclusion of a hearing before it, make a written decision on the matter in which it (

a) describes each finding made by it, (

b) states the reasons for each finding made by it, and (

c) states any order made under this Part. Service of decision and record of hearing 84(1) The hearing tribunal must forward to the hearings director (

a) the written decision under

section 83, and (

b) the record of the hearing, consisting of all evidence presented before it, including (

i) the reports, exhibits and documents presented before it, and (ii) a record of the evidence, including all testimony given before it, however recorded.

(2) The hearings director must, on receiving the decision and the record described in subsection (1), give a copy of the decision to (

a) the complaints director and registrar, (

b) the complainant, (

c) the investigated person, and 5 7

(

d) the Minister of Justice and Attorney General, if so directed or requested under

section 80(2), and notify the investigated person of the right to appeal the decision to the council. Examination of record 85(1) The investigated person may examine the record of the hearing and, on paying the reasonable costs of transcribing, copying and delivering the record, receive a copy of it.

(2) The complainant may examine the record of the hearing, except for the part of the record that relates to a part of the hearing that the complainant was directed by the hearing tribunal, under

section 78(3)(b), not to attend and on paying the reasonable costs of transcribing, copying and delivering that record may receive a copy of it.

(3) The public may examine the decision and the record of the hearing except for the part of the record that relates to a part of the hearing that was held in private and on paying the reasonable costs of transcribing, copying and delivering that decision and record may receive a copy of them. Division 5 Appeals Stay pending appeal 86(1) A decision of the hearing tribunal remains in effect pending an appeal to the council unless the person or committee designated by the council, on written application, stays the decision pending the appeal.

(2) The investigated person may make a written submission with respect to an application under subsection (1).

(3) If the person or committee designated by the council (

a) decides not to stay the decision of the hearing tribunal, or (

b) does not make a decision within 10 days, excluding holidays, of the application, the applicant may apply to the Court of Queen’s Bench for a stay of the decision of the hearing tribunal pending an appeal to the council.

(4) A decision of the council remains in effect pending an appeal to the Court of Appeal unless the Court, on application, stays the decision pending the appeal. 5 8

Appeal within College Appeal to council 87(1) An investigated person or the complaints director, on behalf of the college, may commence an appeal to the council of the decision of the hearing tribunal by a written notice of appeal that (

a) identifies the appealed decision, and (

b) states the reasons for the appeal.

(2) A notice of appeal must be given to the hearings director within 30 days after the date on which the decision of the hearing tribunal is given to the investigated person.

(3) A hearings director must, on being given a notice of appeal, (

a) give a copy of the notice of appeal, and make a copy of the decision and record of the hearing available, to each member of the council or of the panel of council hearing the appeal, (

b) ensure that the complaints director, investigated person and the complainant are given a notice of the hearing of an appeal that states the date, time and place at which the council will hear the appeal, and (

c) ensure that the investigated person and the complaints director are given a copy of the record of the hearing. Scheduling appeal 88(1) A council must, (

a) if conditions have been imposed on the practice permit of the investigated person under

section 82(l)(c)(i), (ii), (iii) or (iv) or if the registration or practice permit of the investigated person has been suspended or cancelled under

section 82(1)(

g) or (h),

schedule the appeal within 45 days after the date of service of the notice of appeal, and (

b) in all other cases,

schedule the appeal within 90 days after the date of service of the notice of appeal.

(2) A council may, on the written request of the investigated person or the complaints director, extend the periods referred to in subsection (1) for one or more additional periods, but (

a) in a case to which subsection (1)(

a) applies, no extension may be granted without the consent of the investigated person, and 5 9

(

b) in a case to which subsection (1)(

b) applies, no extension may be, granted without the consent of the investigated person and the complaints director. Council’s powers on appeal 89(1) The complaints director and the investigated person may appear and be represented by counsel at the appeal before the council.

(2) Subject to subsection (4)(b), an appeal to the council must be based on the record of the hearing and the decision of the hearing tribunal.

(3) Subject to subsection (4)(b), sections 71, 72, 77(

a) and (b), 78, 79(1), (5), (6) and 80 to 85 apply to proceedings before the council.

(4) The council on an appeal may (

a) grant adjournments of the proceedings or reserve the determination of the matters before it for a future meeting of the council but no adjournment may be granted without the consent of the investigated person if that person’s practice permit is suspended or cancelled, (

b) on hearing an application for leave to introduce new evidence, direct the hearing tribunal that held the hearing to hear that evidence and to reconsider its decision and quash, confirm or vary the decision, and (

c) draw inferences of fact and make a determination or finding that, in its opinion, should have been made by the hearing tribunal.

(5) The council must, within 90 days from the date of the conclusion of the appeal hearing before it, make a decision and, by order, do any or all of the following: (

a) make any finding that in its opinion should have been made by the hearing tribunal, (

b) quash, vary or confirm any finding or order of the hearing tribunal or substitute or make a finding or order of its own, (

c) refer the matter back to the hearing tribunal to receive additional evidence for further consideration in accordance with any direction that the council may make, or (

d) refer the matter to the hearings director to

schedule it for rehearing before another hearing tribunal composed of persons who were not members of the hearing tribunal that heard the matter, to rehear the matter. 60

(6) Subject to the regulations the council may direct the investigated person to pay, within the time set by the council, all or part of the expenses of the appeal in addition to expenses referred to in

section 82(1)(j).

(7) A fine or expenses ordered or directed to be paid under this

section are a debt due to the college and may be recovered by the college by an action in debt. Appeal to the Court Court of Appeal 90(1) An investigated person may appeal to the Court of Appeal any finding, order or direction of the council under

section 89.

(2) An appeal under this

section may be commenced (

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

b) by giving a copy of the notice of appeal to the complaints director and the complainant within 30 days from the date on which the decision of the council is given to the investigated person. Appeal on record 91(1) The appeal to the Court of Appeal must be based on the record of the hearing before the council and the council’s decision, including the reasons for the decision, all of which must be certified by the hearings director.

(2) The hearings director, at the expense of the appellant, must arrange for the preparation of the record of the hearing before the council.

(3) If part of the hearing was held in private, the hearings director must ensure that the part of the record that relates to it is sealed.

(4) The part of a record that is sealed under subsection (3) may be reviewed by the Court of Appeal, and the Court of Appeal may direct that it remain sealed or that it be unsealed in whole or in part. Power of Court on appeal 92(1) The Court of Appeal on hearing an appeal may (

a) make any finding that in its opinion should have been made; 61

(

b) quash, confirm or vary the finding or order of the council or any part of it; (

c) refer the matter back to the council for further consideration in accordance with any direction of the Court; (

d) if the appeal is wholly or partly successful, direct that all or part of the cost of preparation of the record referred to in

section 91 be repaid by the college to the appellant or be applied to reduce the amount of penalties or costs otherwise payable to the college by the appellant.

(2) The Court of Appeal may make any award as to the costs of an appeal to it that it considers appropriate. Application to vary order 93 If the time for filing an appeal under this Part has passed or due to a change in circumstances an order under this

Part is impossible to carry out, the person to whom the order is directed or the complaints director may apply to the council for a variation of the order. Division 6 General Non-prejudicial orders 94 A hearings director may make any order with respect to clerical and administrative matters that the hearings director considers necessary to prevent prejudice to the investigated person.

Commissioner for oaths 95 A complaints director, a person appointed by the complaints director to conduct an investigation and any member of a hearing tribunal, council or complaint review committee is conferred with the powers of a commissioner for oaths under the Commissioners for Oaths Act for the purposes of an investigation, hearing, review or appeal under this Part. 62

PART 5 BUSINESS ARRANGEMENTS Conducting a Practice Practice in association 96(1) In this section, “practice in association” means a practice conducted in co-operation with another person where any or all of the following occur: (

a) joint advertising; (

b) shared office telephone number; (

c) combined client billing for services provided by more than one person; (

d) shared office reception area; (

e) shared office or clinic expenses; (

f) shared administrative functions or expenses; (

g) shared ownership or use of premises, equipment, furnishings or other property; (

h) shared employees; (

i) sharing or circumstances that the regulations under this

section constitute as practice in association.

(2) Unless restricted by the regulations under this section, by a code of ethics or by the standards of practice, the regulated member may (

a) practise in association with another regulated member or with a person who is not a regulated member, and (

b) refer patients to and receive referrals from another regulated member of any college or a person who is not a regulated member.

(3) The Lieutenant Governor in Council may make regulations (

a) restricting the persons or categories of persons with whom a regulated member or category of regulated members may practise in association; (

b) restricting the persons or categories of persons to or from whom a regulated member or categories of regulated members may refer or receive referrals of patients; 63

(

c) describing additional forms of sharing or circumstances that constitute practice in association. Partnership restrictions 97(1) Despite

section 96, a regulated member (

a) of the College of Physicians and Surgeons of the Province of Alberta, (

b) of The Alberta Dental Association and College, (

c) of The Alberta College of Optometrists, or (

d) on and after September 1, 2000, of The College of Chiropractors of Alberta shall not (

e) provide professional services as a member of a partnership unless each member of the partnership is a regulated member of the same college, or (

f) divide, share, split or allocate, either directly or indirectly, any fee for professional services with any person who is not a regulated member of the same college.

(2) Subject to the code of ethics and standards of practice, subsection (1)(

f) does not apply (

a) to a payment by a regulated member to an employee made in the regular course of employment, (

b) to a payment to a regulated member not restricted from practising in association pursuant to

section 96, or (

c) to a payment of rent under a bona fide lease of premises that is calculated on a bona fide basis of gross fees.

(3) If the practice permit of a member of a partnership is suspended, that member may remain as a member of the partnership, but the member may not provide any professional service as a member of the partnership while the practice permit is suspended. (4 ) If a partnership ceases to comply with subsection (1)(

e) or (

f) by reason only of (

a) the death of a member of the partnership, (

b) the cancellation of the registration of a member of the partnership, or 64

(

c) the cancellation of the practice permit of a member of the partnership the partnership has a period of 90 days from the date of the death or cancellation in which to fulfil the condition. Physical therapy practice restrictions 98 Despite

section 96, no regulated member who is a physical therapist and provides professional services on behalf of a corporation or who is a shareholder of a corporation that provides physical therapy services shall carry on the practice of physical therapy in contravention of

section 10 of

Schedule 20. Practice arrangements 99(1) A regulated member is responsible, for the purposes of this Act, the code of ethics, the standards of practice and the by-laws, for how the member provides professional services and complies with this Act, the code of ethics, the standards of practice and the by-laws, that responsibility is not affected, modified or diminished by the practice arrangements of the regulated member and, without restricting the generality of practice arrangements, practice arrangements include providing professional services as, in relationship to or on behalf of (

a) a self-employed individual, (

b) an employee, (

c) a partner, (

d) a partnership, (

e) a shareholder, (

f) a director, (

g) a corporation other than a professional corporation or a physical therapy corporation, (

h) a professional corporation or a physical therapy corporation, (

i) an employer, or (

j) a practice in association.

(2) Subject to this Part, a regulated member may provide professional services as, in relationship to or on behalf of (

a) a self-employed individual, 65

(

b) an employee, (

c) a partner, (

d) a partnership, (

e) a shareholder, (

f) a director, (

g) a corporation other than a professional corporation or a physical therapy corporation, (

h) a professional corporation or a physical therapy corporation, (

i) an employer, or (

j) a practice in association.

(3) Nothing in this Part affects, modifies or limits any law or practice applicable to the confidential or ethical relationship between a regulated member and a person receiving the professional services of a regulated member. (4 ) The relationship between a practice in association, partnership, corporation, professional corporation or physical therapy corporation providing professional services and a person receiving the professional services of the practice in association, partnership, corporation, professional corporation or physical therapy corporation is subject to all applicable law and practice relating to the confidential and ethical relationship between a regulated member and the person receiving the professional services of a regulated member. (5 ) The relationship between a regulated member practising in association and a person receiving the professional services of the regulated member practising in association is subject to all applicable law and practice relating to the confidential and ethical relationships between a regulated member and the person receiving the professional services.

(6) The rights and obligations pertaining to communications made to or information received by a regulated member apply to the shareholders, directors, officers and employees of a partnership, corporation, professional corporation or physical therapy corporation and the participants in a practice in association. 66

Municipal, settlement licence exemption 100 No municipality or Metis settlement has the power to require (

a) a regulated member to obtain a licence from the municipality or Metis settlement to practise a regulated profession, or (

b) a professional corporation, a physical therapy corporation, a business corporation or a partnership owned by regulated members to obtain a licence from the municipality or Metis settlement to practise a regulated profession. Advertising 1 01 A regulated member shall not engage in advertising that is untruthful, inaccurate or otherwise capable of misleading or misinforming the public. Professional Corporations

Definitions 1 02 In sections 103 to 114, (a) “articles” means articles as defined in the Business Corporations Act; (b) “registrar” means the registrar of (

i) the College of Physicians and Surgeons of the Province of Alberta; (ii) The Alberta Dental Association and College; (iii) The College of Chiropractors of Alberta; (iv) The Alberta College of Optometrists; (c) “Registrar of Corporations” means the Registrar under the Business Corporations Act. Professional corporation 1 03 A regulated member (

a) of the College of Physicians and Surgeons of the Province of Alberta who is a physician, surgeon or osteopath, (

b) of The Alberta Dental Association and College, (

c) of The College of Chiropractors of Alberta, or (

d) of The Alberta College of Optometrists 67

may provide professional services on behalf of a corporation only if it is a professional corporation that holds an annual permit under this Act, and that professional corporation may only provide the professional services of a regulated member (

e) of the College of Physicians and Surgeons of the Province of Alberta who is a physician, surgeon or osteopath, (

f) of The Alberta Dental Association and College, (

g) of The College of Chiropractors of Alberta, or (

h) of The Alberta College of Optometrists. Name 104(1) The name of a professional corporation must meet the requirements of the by-laws. (2 ) A professional corporation may provide professional services only under a name that meets the requirements of the by-laws. Use of name 105(1) No person shall provide the professional services of a regulated member (

a) of the College of Physicians and Surgeons of the Province of Alberta who is a physician, surgeon or osteopath, (

b) of The Alberta Dental Association and College, (

c) of The College of Chiropractors of Alberta, or (

d) of The Alberta College of Optometrists, within Alberta under any name containing the words “corporation”, “incorporated”, “company”, “limited” or “Professional Corporation” or the abbreviation “Inc.”, “Ltd.” or “P.C.” unless that person is incorporated or continued as a corporation under the Business Corporations Act and the corporation holds an annual permit under this Act, or unless otherwise expressly authorized by statute. (2 ) A person who contravenes subsection (1) is guilty of an offence and liable to a fine not exceeding $2000.

Liability of shareholders 1 06 Despite anything to the contrary in the Business Corporations Act and despite the providing of the professional services of a regulated member (

a) of the College of Physicians and Surgeons of the Province of Alberta who is a physician, surgeon or osteopath, 68

(

b) of The Alberta Dental Association and College, (

c) of The College of Chiropractors of Alberta, or (

d) of The Alberta College of Optometrists, on behalf of a professional corporation, every shareholder of a professional corporation is liable to the same extent and in the same way as if the shareholder were, during that time, carrying on the business of the professional corporation as a partnership or, if there is only one shareholder, as an individual providing professional services. Approval for professional corporation 107 The registrar may issue an approval of the articles of a proposed professional corporation for the purposes of

section 7(2) of the Business Corporations Act to a regulated member (

a) of the College of Physicians and Surgeons of the Province of Alberta who is a physician, surgeon or osteopath, (

b) of The Alberta Dental Association and College, (

c) of The College of Chiropractors of Alberta, or (

d) of The Alberta College of Optometrists, who files an application in the form provided for in the by-laws, submits a copy of the proposed articles and pays all the approval application fees provided for in the by-laws. Professional corporation registered 108(1) A regulated member who obtains an approval under

section 107 and incorporates the proposed professional corporation under the Business Corporations Act may register the professional corporation under this Act if the regulated member (

a) satisfies the registrar that the individuals who will provide professional services or who will supervise the provision of professional services on behalf of the professional corporation are regulated members of the college, (

b) satisfies the registrar that the professional corporation is a corporation in good standing with the Registrar of Corporations, (

c) satisfies the registrar that the professional corporation is not restricted from providing professional services regulated by the college or from carrying out its powers, duties and functions under this Act, 69

(

d) satisfies the registrar that the name of the corporation meets the requirements of the by-laws, (

e) satisfies the registrar that the legal and beneficial ownership of all the issued shares of the professional corporation are vested in one or more regulated members of the college and that all of the directors of the corporation are regulated members of the

Document details

Collection	Alberta — Bills
Citation	L24 S3 897
Type	bill
Volume / chapter	L24 S3 897
Language	en
Format	json
Source	PROVINCIAL
Identifier	9cf8e2e81c41d3d628bfdfca6ade1f0c11650c8d

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