Second

Session, 45th General Assembly

Elizabeth II, 2005

BILL 51

AN ACT TO REGULATE THE

PRACTICE

OF DIETETICS

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

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

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

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

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

HONOURABLE

JOHN OTTENHEIMER

Minister

of Health and Community Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would revise the law

respecting the regulation of dietitians.

In particular, the Bill would

establish a clear separation between advocacy on behalf of the professional

group and the responsibility of the governing body of the professional group to

establish and enforce qualifications for licensure or registration in the

interest of the protection of the public.

The second principal focus of the

Bill is the establishment of a disciplinary regime that fully incorporates the

developed principles of administrative law respecting impartiality, fairness,

and the right to be heard.

A BILL

AN ACT TO REGULATE THE PRACTICE

OF DIETETICS

Analysis

Short title

Definitions

College continued

Holding powers

College

Appointment by minister

Meetings of the college

By-laws

Membership

Application for registration

Credentials

Internship

Registration

Mobility

Seal

Register of dietitians

Fiscal year

Annual report

Annual fee

Misrepresentation

Definitions

Complaints and disciplinary panel

Allegation

Effect of filing allegation

Complaints authorization committee

Adjudication

Hearing

Guilty plea by respondent

Powers of adjudication tribunal

Filing and publication of decisions

De-registration and suspension

Failure to comply

Reinstatement and readmission

Costs of college

Appeal to Trial Division

Collection of fine

Copies admissible

Protection from liability

Regulations

Offence

Transition

RSNL1990 cD-23 Rep.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Dietitians Act.

Definitions

2. In

this Act

(a) "by-laws" means the by-laws made by

the college under this Act;

(b) "college" means the college

continued under

section 3 ;

(c) "director" means a person elected or

appointed to the college;

(d) "member" means a member in good

standing of the college who is a registered dietitian;

(e) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(f) "registered dietitian" means a

person whose name is entered on the register; and

(g) "registrar" means the registrar of

the college appointed under subsection 5 (7).

College continued

3. The

Newfoundland Dietetic Association is continued under the name Newfoundland and

Labrador College of Dietitians as a corporation without share capital for the

purposes of

Part XXI of the Corporations

Act .

Holding powers

4. The

college may acquire, receive, hold and enjoy property, movable or immovable,

and may sell, lease, mortgage, alienate or otherwise dispose of its property.

College

(1) There

shall be a board responsible for governing the college which shall consist of:

(

a) a chairperson, vice-chairperson, treasurer and

2 other directors elected from and by members in accordance with the by-laws;

(b) 2 directors appointed under

section 6 who are not members; and

(

c) the registrar appointed under subsection

(7) who does not have a vote.

(2) The board governs the college and may exercise

the powers of the college in the name and on behalf of the college.

(3) Elected directors shall serve without payment

for their services, but their travel and other expenses associated with their

duties as directors may be paid by the college in accordance with the by-laws.

(4) A director may be elected for a term set

by the by-laws which shall not exceed 3 years and is eligible to be re-elected,

but shall not hold the office of director for more than 9 consecutive years.

(5) An elected director may resign the office of

director by written notice to the college.

(6) Where an elected director resigns, dies or

becomes incapable of performing the duties of a director, the remaining

directors shall appoint a replacement to serve until the next annual general

meeting.

(7) The college shall appoint a person to act as

the registrar of the college, who shall keep the register referred to in

section 16 .

Appointment by

minister

(1) The

minister shall appoint 2 persons as directors of the college who are suitable

to represent the public interest.

(2) A director appointed under subsection

(1) holds office for a term of 3 years and is eligible to be re-appointed.

(3) Where a person appointed under subsection

(1) holds office for a period of 9 consecutive years the person is not eligible for

appointment as a director until the expiration of 12 months from the end of the

year in which he or she was last a director.

(4) Where the term of an appointed director

expires, he or she continues to be a director until re-appointed or replaced.

(5) The college shall pay the expenses of an

appointed director in accordance with guidelines established by the

Lieutenant-Governor in Council.

(6) A person appointed under subsection (1) may

resign the office of director by written notice to the minister.

Meetings of the

college

(1) A

quorum of the college is 4 voting directors, one of whom is an appointed

director.

(2) Except where prohibited in the by-laws, a

director may, where all the directors consent, participate in a meeting of the

board by means of the telephone or other telecommunication device that permits

all persons participating in the meeting to communicate with each other.

(3) Where a quorum under subsection (1) exists, a

majority of that number is sufficient to make a decision, and in the event of a

tie the chairperson of the meeting shall cast the deciding vote.

(4) The college shall hold, in accordance with the

by-laws, an annual general meeting of members at which

(

a) the election for directors shall be held; and

(

b) an auditor shall be appointed to audit the

accounts of the college and report on the financial statements prepared by the

college.

(5) The college may in its by-laws provide for

voting at a meeting of the board or of members by mail or electronic means.

By-laws

(1) The

college may make by-laws

(

a) providing for the holding and procedure of

meetings of the board and of members;

(

b) providing for other classes of membership to

which the college may appoint persons to under subsection 9 (2);

(

c) providing for the election of directors under subsection

5 (4) and setting terms of office;

(

d) respecting the participation of directors in a

meeting of the college by telephone or other telecommunications device under subsection

7 (2);

(

e) providing for voting at a meeting of the board

or of members by mail or electronic means;

(

f) providing for payment of travel and other

expenses of elected directors;

(

g) establishing a code of ethics which may

include a definition of "professional misconduct" and "conduct

unbecoming a dietitian" for the purposes of sections 21 to 37 ;

(

h) respecting the rates of remuneration for

members of an adjudication tribunal; and

(

i) generally, to assist in the administration of

this Act and the regulations.

(2) The college shall have its by-laws available

for inspection by the public on reasonable notice and at reasonable hours.

(3) The college may set fees and forms for the

purpose and administration of the Act.

Membership

(1) All

persons who are registered as dietitians under

section 13 are members of the college.

(2) The college may appoint persons to other

classes of membership in accordance with the by-laws.

Application for

registration

10. A

person shall apply in writing to the college to be registered as a dietitian.

Credentials

11. An

applicant for registration as a dietitian shall provide with the application

(

a) evidence satisfactory to the college as to

good character and professional reputation;

(

b) proof that he or she has

(

i) a bachelor's or equivalent degree from an

educational institution whose course content is approved by the college, or

(ii) a bachelor's or equivalent degree from an

educational institution, and has taken additional post-secondary courses that

are satisfactory to the college;

(

c) proof that he or she has

(

i) completed a dietetic internship approved by

the college, or

(ii) a master's degree in the study of foods or

nutrition or institution administration and one year's experience in the study

or practice of nutrition or dietetics or allied subjects which is acceptable to

the college;

(

d) proof that he or she has successfully

completed a registration examination based upon the professional competency requirements

that the college may establish;

(

e) proof that he or she has obtained professional

liability insurance coverage in a form and amount satisfactory to the college;

and

(

f) payment of the fee set by the college.

Internship

12. The

dietetic internship and the experience to which reference is made in

section 11

shall not be approved or accepted by the college as sufficient unless, in each

case, it is certified to be satisfactory by a person having knowledge of the

facts and authority to certify.

Registration

13. A

person who has complied with the requirements of sections 11 and 12 and the

regulations and whose application for registration has been approved by the

college is entitled to be entered on the register as a dietitian.

Mobility

14. The

college may approve the registration of a person who is a resident of a

province or territory of Canada and who is a member in good standing of a governing body of

dietitians or otherwise entitled by that body to practice dietetics in that

province or territory, upon proof of residence or membership or other

entitlement.

Seal

15. A

conveyance, mortgage, lease, release or other document executed on behalf of

the college shall be executed under the seal of the college and signed by the

chairperson or the vice-chairperson and the treasurer or other person that may

be authorized to affix the seal to an instrument or document by resolution of

the college.

Register of dietitians

(1) The

names of the persons entitled to be registered as dietitians under

section 13 shall be entered on a register with other information

that the college may require.

(2) The college shall have its register available

for inspection by the public on reasonable notice and at reasonable hours.

(3) The register, or a copy or extract of it,

certified by the registrar is, in the absence of evidence to the contrary,

proof that the persons whose names are entered there are registered dietitians

and the absence of the name of a person from the register is in the absence of

evidence to the contrary, proof that that person is not a registered dietitian.

(4) The registrar shall issue to every registered

dietitian a certificate of registration in the form set by the college.

Fiscal year

17. The

fiscal year of the college shall be from April 1 to March 31 in the next year.

Annual report

(1) The

college shall prepare and submit to the minister before

July 1,

(

a) a report on the activities of the college; and

(

b) the college's audited financial statements.

(2) Where the college fails to comply with

subsection (1), the college is guilty of an offence and on

summary conviction

may be fined $1,000.

Annual fee

19. The

annual membership fee to be paid by each member shall become due on January 31

in each year.

Misrepresentation

(1) A

person who is not a registered dietitian shall not take or use the titles

"Dietitian" or "Registered Dietitian" or the initials

"R.D." either alone or in combination with other words, letters or description

that implies that the person is registered under this Act, or is entitled to be

registered under this Act, or is recognized by law as a registered dietitian.

(2) A person who contravenes this

section is

guilty of an offence and liable on

summary conviction to a fine not exceeding

$5,000 and in default of payment to imprisonment for a term not exceeding 3

months or to both a fine and imprisonment.

Definitions

21. In

this

section and sections 22 to 37

(a) "allegation" means a written

document alleging that a person has engaged in conduct deserving of sanction;

(b) "complainant" means a person making

an allegation described in

section 23 ;

(c) "conduct deserving of sanction"

includes

(

i) professional misconduct,

(ii) professional incompetence,

(iii) conduct unbecoming a registered dietitian, and

(iv) acting in breach of this Act, the regulations

or the code of ethics made under

section 8 ;

(d) "costs incurred by the board"

include

(

i) out of pocket expenses incurred by or on

behalf of the board,

(ii) amounts paid by the board to members of an

adjudication tribunal as remuneration and for expenses, and

(iii) the actual cost of legal counsel for the board

and an adjudication tribunal;

(e) "disciplinary panel" means the panel

of persons appointed under

section 22 ; and

(f) "respondent" means a registered

dietitian or former registered dietitian against whom an allegation is made.

Complaints and

disciplinary panel

(1) The college shall appoint at least 3

directors, at least one of whom shall be a director who was appointed to

represent the public interest, to constitute a complaints authorization

committee.

(2) The college shall appoint the chairperson and

vice-chairperson of the complaints authorization committee from the persons

appointed under subsection (1).

(3) The registrar is not eligible to be a member

of the complaints authorization committee.

(4) The college shall appoint at least 10

registered dietitians who are not directors, one of whom shall be appointed to

serve as chairperson, and the minister shall appoint at least 3 persons, who

are not registered dietitians, to represent the public interest, who shall

together constitute a disciplinary panel.

(5) Of the members first appointed to the

disciplinary panel, one half shall be appointed for a term of 2 years and the

remainder for a term of 3 years and all subsequent appointments of members to

the disciplinary panel shall be for a term of 3 years.

(6) Notwithstanding the expiry of his or her term,

a member of the disciplinary panel continues to be a member until he or she is

re-appointed or his or her replacement is appointed.

(7) Persons appointed to the disciplinary panel

may be reappointed.

(8) A member of the disciplinary panel shall serve

as a member without payment for his or her services, but may be remunerated for

services as a member of an adjudication tribunal and paid his or her travel and

other expenses associated with the work of that tribunal by the college, in

accordance with the rates set by the by-laws.

(9) The complaints authorization committee and an

adjudication tribunal appointed under

section 26

and a person appointed by either of them may summon a registered dietitian or

other person and require him or her to give evidence, orally or in writing,

upon oath or affirmation, and produce the documents and things that either of

them considers necessary to the full investigation and hearing of an allegation

or complaint and shall have the powers, privileges and immunities that are

conferred on a commissioner appointed under the Public Inquiries Act.

Allegation

(1) An

allegation shall be in writing and signed by the complainant or his or her

solicitor, and filed with the registrar.

(2) The registrar may on his or her own motion

make an allegation and file it, and the allegation shall have the same effect

as an allegation referred to in subsection (1).

(3) Where the registrar has been informed that a

respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute

of another country or has been suspended by a governing body of dietitians in

another province or territory of Canada or another territory or country for

reason of professional misconduct, conduct unbecoming a dietitian or

professional incompetence, the information shall be dealt with by the registrar

as an allegation.

(4) For the purpose of subsection (3), a certified

copy of the record of a conviction or findings made or the action taken by an

external regulatory body constitutes proof, in the absence of evidence to the

contrary, of the conviction or findings made or the action taken by that body,

without proof of the signature of the convicting justice or person purporting

to have signed on behalf of that body.

Effect of filing

allegation

(1) Where

it appears to the registrar after notifying the respondent of the allegation

that the allegation may be resolved satisfactorily and where the complainant

and the respondent consent, the registrar may attempt to resolve the matter.

(2) Where the allegation is not satisfactorily

resolved by the registrar under subsection (1), the registrar shall refer the

allegation and all other allegations to the complaints authorization committee.

(3) The registrar shall inform a complainant and a

respondent of the referral of the allegation to the complaints authorization committee.

Complaints authorization

committee

(1) After

an allegation has been submitted to the complaints authorization committee, the

committee may exercise one or more of the following powers:

(

a) refer the allegation back to the registrar for

an investigation or alternative dispute resolution in accordance with the regulations;

(

b) conduct an investigation itself or appoint a

person to conduct an investigation on its behalf; and

(

c) require

the respondent to appear before it.

(2) Where the complaints authorization committee

is of the opinion there are no reasonable grounds to believe the respondent has

engaged in conduct deserving of sanction, the committee shall dismiss the

allegation and give notice in writing of the dismissal to the complainant.

(3) Where the complaints authorization committee

is of the opinion that there are reasonable grounds to believe that a

respondent has engaged in conduct deserving of sanction, the allegation shall

be considered as constituting a complaint, and the committee may

(

a) counsel or caution the respondent; or

(

b) instruct the registrar to file the complaint

against the respondent and refer it to the disciplinary panel; and

(

c) recommend to the college that

(

i) the respondent's practice be suspended or

restricted, or

(ii) the registrar conduct an investigation of the

respondent's practice, and where the college approves an investigation the

registrar shall conduct it,

at any time before a final determination by

the adjudication tribunal.

(4) A person conducting an investigation under

paragraph (1)(a), (

b) or subparagraph (3)(c)(ii) may require

(

a) the respondent to

(

i) undergo practical or other examinations he or

she considers necessary and as arranged by the registrar or the college, and

(ii) permit the registrar or a director or a person

appointed by the complaints authorization committee to inspect and copy the

records of the respondent and other documents relating to the subject matter of

the investigation, and

(

b) another person to permit the registrar or a

director or a person appointed by the complaints authorization committee to

inspect and copy records and other documents relating to the subject matter of

the investigation held by that person,

and the respondent or other person shall

comply.

(5) An action for damages does not lie against a

registered dietitian or another person to whom a request is made solely because

he or she provides information requested of him or her under subsection (4).

(6) Where the registrar, a director or a person

appointed by the complaints authorization committee requires that a respondent

or another person provide information under subsection (4), that information

shall be provided within 7 days of receipt of the direction to produce it or a

different period as specified in the direction.

(7) Where the complaints authorization committee

recommends to the college that a respondent's practice be suspended, restricted

or investigated the college may

(

a) decide not to act on the recommendation; or

(

b) suspend, restrict or investigate the

respondent's practice.

(8) A complainant whose allegation is dismissed by

the complaints authorization committee under subsection (2) may, within 30 days

after receiving notice of the dismissal, appeal the dismissal to the Trial

Division by filing a notice of appeal with the Registrar of the Supreme Court.

(9) Subsections (4), (5) and (6) apply to the

Crown.

Adjudication

(1) For

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

chairperson of the disciplinary panel shall appoint from it an adjudication

tribunal consisting of 3 persons, of whom 2 shall be registered dietitians and

one shall be a member of the panel appointed to represent the public interest.

(2) The chairperson of the disciplinary panel

shall appoint one of the registered dietitians on an adjudication tribunal to

be the chairperson.

Hearing

(1) Where

a complaint has been referred under paragraph 25 (3)(b),

an adjudication tribunal shall hear the complaint.

(2) The parties to a hearing are the college and

the respondent and a party may be represented by his or her counsel at a

hearing.

(3) A hearing shall be conducted in public but an

adjudication tribunal may exclude the public from a hearing, or from part of

it, where it considers the desirability of protecting a party to the complaint

or another person against the consequences of possible disclosure of personal

matters outweighs the desirability of holding the hearing in public.

Guilty plea by

respondent

(1) Where

a respondent pleads guilty to one or more of the charges set out in a

complaint, the adjudication tribunal shall, without calling evidence or hearing

witnesses, unless the tribunal believes it is appropriate to do so, hear

submissions from the parties.

(2) Where a respondent pleads guilty, and following

submissions under subsection (1), the adjudication tribunal may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

fixed period that it considers appropriate, until conditions which it may

impose are fulfilled, or until further order of the adjudication tribunal;

(

c) allow or direct the respondent to surrender

his or her registration to the college upon those conditions that may be considered

appropriate and strike the respondent's name from the register;

(

d) impose a fine to be paid to the college, not

to exceed $10,000;

(

e) order that the respondent pay the costs or a

part of the costs incurred by the college in the investigation and hearing of

the complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 30 (4) and other information that the tribunal may

specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the college or other body or

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies or obtain

supervised clinical experience, or both, to the satisfaction of the college or

other body or person designated by the adjudication tribunal,

(vii) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions, or

(ix) impose other requirements that are just and

reasonable in the circumstances.

(3) The costs incurred by the college to ensure the

compliance of a respondent with an order or direction of an adjudication

tribunal under this

section shall be borne by the respondent.

Powers of adjudication

tribunal

(1) Upon

the hearing of a complaint, an adjudication tribunal shall decide whether or

not a respondent is guilty of conduct deserving of sanction.

(2) Where an adjudication tribunal decides that a

respondent is not guilty, it shall dismiss the complaint and may, where it

believes that the submission of the complaint to the tribunal for a hearing was

unreasonable,

(

a) order that those costs that the tribunal

considers appropriate be paid by the college to the respondent; and

(

b) make another order that it considers

appropriate.

(3) Where an adjudication tribunal decides that a

respondent is guilty, it may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

fixed period that it considers appropriate, until conditions which it may

impose are fulfilled, or until further order of the adjudication tribunal;

(

c) allow or direct the respondent to surrender

his or her registration to the college upon those conditions that may be considered

appropriate and strike the respondent's name from the register;

(

d) impose a fine to be paid to the college, not

to exceed $10,000;

(

e) order that the respondent pay the costs or a

part of the costs incurred by the college in the investigation and hearing of

the complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 30 (4) and other information that the tribunal may

specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the college or other body or

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies or obtain

supervised clinical experience, or both, to the satisfaction of the college or

other body or person designated by the adjudication tribunal,

(vii) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions, or

(ix) impose other requirements that are just and

reasonable in the circumstances.

(4) The costs incurred by the college to ensure

the compliance of a respondent with an order or direction of an adjudication

tribunal under this

section shall be borne by the respondent.

Filing and publication

of decisions

(1) An

adjudication tribunal shall file a decision or order made under subsection 28 (2) or 29 (3) with

the registrar and provide a copy to the complainant and the respondent and the

respondent's employer.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 5 years after the

day the decision is filed and shall upon receiving a request to view the

disciplinary records in relation to a registered dietitian permit a person to

view a

summary of a decision where that registered dietitian was the respondent,

prepared in accordance with subsection (4).

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal in a newspaper of general

circulation in or nearest to the community in which the respondent practises

within 14 days of the filing of the decision or order, where the decision or

order

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her registration;

(

c) restricts the respondent's practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) The

summary of the decision published under

subsection (3) shall include

(

a) the name of the respondent and the address

where he or she practises;

(

b) the date, location and a brief description of

the conduct of the respondent that was found to be deserving of sanction;

(

c) the name of the complainant, unless the

complainant has requested that his or her name be withheld;

(

d) the contents of the order in relation to the

actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(5) Where a decision published under this

section

is varied or set aside, the chairperson shall within 14 days of the filing of

the subsequent decision or order publish a

summary of the decision or order and

subsections (2) and (3) apply, with the necessary changes.

De-registration

and suspension

(1) Where

a respondent is struck off the register, his or her rights and privileges under

this Act cease.

(2) Where a respondent is suspended, his or her

rights and privileges under this Act cease for the period of suspension.

(3) Where conditions or restrictions have been

imposed upon a respondent's ability to carry on his or her practice, his or her

rights and privileges as a registered dietitian shall be limited to the extent

specified by the conditions or restrictions.

Failure to comply

(1) On

application by the college to the disciplinary panel, an adjudication tribunal

may make an order suspending the rights and privileges of a respondent where it

determines that the respondent has failed to comply with a decision or an order

under sections 21 to 37 .

(2) The parties to the application are the college

and the respondent.

(3) An order of an adjudication tribunal under this

section may suspend the rights and privileges of the respondent for a fixed

period that the adjudication tribunal may consider appropriate, or until conditions

which it may impose are fulfilled, or until further order of the adjudication

tribunal.

Reinstatement and

readmission

(1) Where

a decision or order of an adjudication tribunal

(

a) suspends a respondent;

(

b) allows or directs a respondent to withdraw his

or her registration;

(

c) restricts a respondent's practice; or

(

d) specifies conditions for the continuing

practice of a respondent,

and, where the respondent alleges that new

evidence has become available or a material change in circumstances has

occurred since the making of the decision or order, the respondent may apply to

the complaints authorization committee for a supplementary hearing to discharge

or vary the decision or order based on the new evidence or material change in

circumstances.

(2) An application under subsection (1) shall be

made not more than 90 days after the new evidence becomes available or the

material change in circumstances has occurred.

(3) Where an application is made to the complaints

authorization committee under subsection (1), and the committee is of the opinion

that new evidence has become available or that a material change in

circumstances has occurred, as alleged by a respondent, the matter shall be

referred to an adjudication tribunal as if it were a matter referred under

paragraph 25 (3)(

b) and sections 27 to 32 apply, with

the necessary changes, to the referred matter.

(4) The parties to a supplementary hearing under

this

section are the respondent and the college.

(5) For the purpose of this section, in addition

to an order that an adjudication tribunal may make under

section 29 , a tribunal may

(

a) vary the original decision or order made under

section 29 ; or

(

b) discharge the original decision or order, with

or without conditions.

Costs of college

(1) Where

a person who was ordered to pay the costs of the college under paragraph 28 (2)(

e) or 29 (3)(

e) fails to pay in the time required, the college may suspend the registration of

that person until the costs are paid.

(2) Costs ordered to be paid to the college are a

debt due the college and may be recovered by a civil action.

Appeal to Trial

Division

(1) A

party aggrieved by a decision or order of an adjudication tribunal under this

Act may, within 30 days after receiving notice of the decision or order, appeal

the decision or order to the Trial Division by filing a notice of appeal with

the Registrar of the Supreme Court.

(2) An appeal under this

section does not stay the

decision or order being appealed unless the Trial Division orders otherwise.

Collection of

fine

(1) Where

an order is made under

section 28 or 29 imposing a fine on a respondent, the college may

issue a certificate stating the amount of the fine due and remaining unpaid and

the name of the person by whom it is payable, and file the certificate with the

Registrar of the Supreme Court.

(2) Where a certificate is filed with the

Registrar of the Supreme Court under subsection (1), it has the same effect and

all proceedings may be taken on the certificate as if it were a judgment of the

Trial Division for the recovery of the amount stated in the certificate against

the person named in the certificate.

(3) A person named in a certificate filed under

this

section may, within 30 days after the certificate is filed, apply to a

judge of the Trial Division for a review, on a question of law or jurisdiction,

of the certificate.

(4) On an application under subsection (3), the

judge may make an amendment to the certificate that is necessary to make the

certificate accord with the judge's decision.

(5) There is no appeal from a decision of a judge

made under this section.

(6) A certificate filed under this

section may

also be filed in the judgment enforcement registry on the expiration of the 30

day period referred to in subsection (3) in accordance with

Part III of the Judgment Enforcement Act and be enforced

in accordance with that Act.

Copies admissible

37. A

copy or extract of a book, record, document or thing certified by

(

a) a member of the complaints authorization

committee; or

(

b) a person authorized under subsection 25 (4) to conduct an inspection,

who made the copy or extract under

subsection 25 (4) is admissible in evidence in

an action, proceeding or prosecution, in the absence of evidence to the

contrary, as evidence of the original book, record, document or thing and its

contents.

Protection from

liability

38. An

action for damages does not lie against the registrar, an officer, employee or

agent of the college, a member of a disciplinary panel, adjudication tribunal

or the individual members of those bodies, a person appointed by the complaints

authorization committee to conduct an investigation, another agent of the

college or the college as a corporation for

an act or failure to act or a

proceeding initiated or carried out in good faith under this Act, or for

carrying out duties or obligations authorized under this Act or for a decision

or order made or enforced in good faith under this Act.

Regulations

(1) The

college may, with the approval of the minister, make regulations respecting:

(

a) requirements for registration under

section 13 ;

(

b) establishing conditions for the renewal of

registration, including participation in continuing education courses, refresher

courses and other activities related to the maintenance of professional

standards;

(

c) alternative dispute resolution for the

purposes of sections 21 to 37 and the procedure for that resolution; and

(

d) prescribing time limits for events in the

disciplinary process in sections 21 to 37 , including time limits for:

(

i) the filing of an allegation,

(ii) the resolution of an allegation by the

registrar,

(iii) the conduct of an investigation under

subsection 25 (1),

(iv) consideration of an allegation by the

complaints authorization committee following completion of an investigation,

(

v) responding to a complainant and respondent at

each stage of the process,

(vi) the conduct of a practice investigation under

subparagraph 25 (3)(c)(ii),

(vii) the appointment of an adjudication tribunal

under

section 26 , and

(viii) the conduct of a hearing and the filing of a

decision or order by an adjudication tribunal following completion of the

hearing.

(2) Notwithstanding paragraph (1)(d), the minister

may make regulations prescribing time limits for events in the disciplinary

process under sections 21 to 37 where the board does not do so within a period the

minister considers reasonable.

Offence

40. A

person who

(

a) obtains or attempts to obtain an entry of his

or her name in the register by making a false declaration or misrepresentation

either orally or in writing, and a person who knowingly assists in the making

of the declaration or misrepresentation; or

(

b) contravenes this Act or the regulations,

commits an offence and is liable on

summary conviction to a fine not exceeding $5,000 or to imprisonment for a

period of not more than three months or to both a fine and imprisonment.

Transition

(1) The

members of the council of the Newfoundland Dietetic Association on the day

before this Act comes into force are continued as directors of the college

until an election is held under

section 7 .

(2) An election to elect the 5 directors referred

to in paragraph 5 (1)(

a) shall be held within 12

months after the day this Act comes into force.

(3) The minister shall make appointments under

section 6 within 30 days of the election held

under subsection (2).

(4) Of the directors first elected under

section 7 ,

(a) 3 shall be elected for a term of 3 years; and

(b) 2 shall be elected for a term of 2 years.

RSNL1990 cD-23

Rep.

42. The Dieticians

Act is repealed.

Earl G. Tucker, Queen's Printer