Bill 45 — Second Session, 24Th Legislature, 47 Elizabeth Ii the Legisla Tive A Ssembly of A Lberta Bill 45 Hea Lth Professions A Ct (Legislature 24, Session 2)

L24 S2 998

Alberta — Bills

1998 BILL 45 Second Session, 24th Legislature, 47 Elizabeth II THE LEGISLA TIVE A SSEMBLY OF A LBERTA BILL 45 HEA LTH PROFESSIONS A CT MR. RENNER First Reading Second Reading Committee of the Whole Third Reading Royal A ssent

Bill 45 Mr. Renner BILL 45 1998 HEA LTH PROFESSIONS A CT (Assented to , 1998) Table of Contents

Interpretation 1

Part 1 Governance A dministration College established 2 College’s role 3 A nnual report 4 Council established 5 Council’s role 6 President 7 Registrar 8 Registration committee 9 Committee panel 10 Competence committee 11 Committee panel 12 Registration, competence function to registrar 13 Public members required 14 Public members appointed, lists 15 Hearings director 16 Hearing tribunal, complaint review committee membership lists 17 Tribunal, complaint review committee established 18 Tribunal, committee functions 19 A dvisory Board established 20 A dvisory Board’s role 21 A dvisory Board meetings 22 Regulated Professions A pplying to be a regulated profession 23 Recommendation to Minister 24 Fee negotiation approval 25 1

Part 2 Registration A pplying for Registration A pplication for registration 26 Registrar’s duties 27 Registration committee’s duties 28 Review application 29 Review of registration decision 30 Registration Registers of members 31 Public information 32 Register error 33 Registration of practising and student members 34 Corporations not members 35 Practice Permit A pplication date for practice permit 36 A pplying for practice permit 37 Permit not applied for 38 Review by council 39 Suspension, Cancellation and Reinstatement Cancellation grounds 40 Cancellation of registration 41 Return suspended or cancelled permit, certificate 42 Reinstatement 43 Registration Required Mandatory registration 44 Offence 45

Part 3 Continuing Competence and Practice Visits Continuing Competence Program Continuing competence program 46 Practice Visits Practice visit 47 Confidentiality 48 2

Part 4 Professional Conduct D ivision 1 Complaint Process Complaints director 49 Making a complaint 50 A cting on a complaint 51 A ssessing incapacity 52 A ware of unprofessional conduct 53 Termination by employer 54 D ivision 2 Complaint Resolution Complaint resolution process 55 Complaint resolution evidence 56 Settlement 57 D ivision 3 Investigations Notice of investigation 58 Investigation scope 59 Investigation powers 60 Proceedings delayed 61 Practice conditions, suspension during proceedings 62 Report of investigation 63 Notification of action taken 64 Review of dismissal of complaint 65 Hearing to be scheduled 66 A dmission of unprofessional conduct 67 D ivision 4 Hearings and D ecisions Bias prevention 68 Investigated person at hearing 69 Witnesses Investigated person’s witnesses 70 College witnesses 71 Rights and obligations of witnesses 72 Witness fees 73 Hearings College duties in respect of hearing 74 A ccess to hearing 75 Tribunal at hearing 76 3

D ecisions and Records Findings of tribunal 77 Orders of tribunal 78 Written decision 79 Service of decision and record of hearing 80 Examination of record 81 D ivision 5 A ppeals Stay pending appeal 82 A ppeal within College A ppeal to the council 83 Council panel 84 Scheduling the appeal 85 Council’s powers on appeal 86 A ppeal to the Court Court of A ppeal 87 A ppeal on record 88 Power of Court on appeal 89 A pplication to vary order 90 D ivision 6 General Non-prejudicial orders 91 Hearings documents, exhibits 92 Commissioner for oaths 93

Part 5 Business A rrangements Conducting a Practice Practice in association 94 Partnership restrictions 95 Physical therapy practice restrictions 96 Practice arrangements 97 Municipal, settlement licence exemption 98 A dvertising 99 Professional Corporations and Physical Therapy Corporations D efinitions 100 Professional corporation, physical therapy corporation 101 Name 102 Use of name 103 4

Liability of shareholders and employees 104 A pproval for professional corporation 105 Professional corporation, physical therapy corporation registered 106 A nnual permit 107 Voting of shares restrictions 108 Change in organization 109 Professional corporations, physical therapy corporations record 110 Cancellation of p.c., p.t. permit 111 Notification of cancelled, expired p.c., p.t. permits 112 Regulations, By-laws Restrictions Regulations, by-laws inoperative 113

Part 6 Other Matters Notices and Information Notification of conditions, suspension or cancellation 114 Notices 115 Record retention 116 Giving notice 117 A dditional information 118 Evidence Evidence of registration 119 Burden of proof 120 Records, evidence not admissible 121 Liability Protection from liability 122 Ombudsman Complaints to Ombudsman 123 Regulations and By-laws Council regulations 124 By-laws 125 Expenses regulations 126 Transitional regulations 127

Part 7 Title Protection Protected words, abbreviations 128 Penalty 129 Injunction 130 5

Part 8 Consequential A mendments, Repeals and Coming into Force Consequential A mendments A mends SA 1981 cB-15 131 A mends SA 1994 cG-8.5 132 A mends RSA 1980 cO-7 133 Consequential amendments 134-151 Repeals Repeals 152 Coming into Force Coming into force 153

Part 9 Profession-Specific Provisions Unprofessional conduct fines table 154 D efinition 155 Schedules HER MA JESTY, by and with the advice and consent of the Legislative A ssembly of A lberta, enacts as follows:

Interpretation 1(1) In this A ct, (a) “A dvisory Board” means the Health Professions A dvisory Board established under

Part 1; (b) “college” means the college of a regulated profession; (c) “competence” means the combined knowledge, skills, attitudes and judgment required to provide professional services; (d) “competence committee” means a competence committee established under

Part 1; (

e) complaint resolution process” means a process to facilitate the complainant, the college and the investigated person reaching a settlement of a complaint; 6

(f) “complaint review committee” means a complaint review committee established under

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

an act or omission; (i) “continuing competence” means the maintenance and enhancement of competence; (j) “continuing competence program” means a program of continuing competence provided for in the regulations; (k) “council” means the council of a college; (l) “document” includes recorded information whether in written, photographic, magnetic, electronic or other format; (m) “drug” means drug as defined in the Drug and Pharmacy Act; (n) “expert report” means a report pursuant to a request under

section 51(2)(c), 55(5) or 76(2); (o) “former A ct” means an A ct that regulated a profession immediately before this A ct began to regulate that profession; (p) “former practising member” means a person whose registration as a practising member under this A ct or as a person engaged in active practice under a former A ct has been cancelled, or who has ceased to be a practising member under this A ct or a person engaged in active practice under a former A ct within the last 2 years; (q) “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 ill, disabled, injured or dying; (r) “hearing tribunal” means a hearing tribunal established under

Part 1; (s) “hearings director” means the hearings director of a college; 7

(t) “incapacitated” means, in relation to an investigated person, that the person is suffering from a physical, mental or emotional condition or disorder or an addiction to alcohol or drugs, that grossly impairs the capacity of the person to provide professional services; (u) “investigated person” means a practising member or former practising member with respect to whom a complaint has been made under

Part 4 with respect to which the proceedings have not been concluded; (v) “investigator” means the complaints director, or other person who conducts an investigation under

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

section 16 of the Government Organization Act as the Minister responsible for this A ct; (x) “Ombudsman” means the Ombudsman appointed under the Ombudsman Act; (y) “physical therapy corporation” means a physical therapy corporation within the meaning of

Part 5; (z) “practice” means the practice of a regulated profession within the meaning of

section 3 of a

Schedule to this A ct; (aa) “practice visit” means a practice visit within the meaning of

Part 3; (bb) “practising member” means a person registered as a member under

section 3l(1)(a)(i); (cc) “president” means the president of a college; (dd) “professional corporation” means professional corporation within the meaning of

Part 5; (ee) “professional fee” means a fee charged by a practising 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 A ct; (hh) “registrar” means the registrar of a college; (ii) registration committee” means a registration committee established under

Part 1; 8

(jj) “restricted activity” means a restricted activity within the meaning of

Schedule 7.1 of the Government Organization Act; (kk) “regulated profession” means a profession that is regulated by this A ct; (ll) “student member” means a person registered as a student under

section 3l(1)(a)(ii); (mm) “unprofessional conduct” means any or all of the following, whether or not it is disgraceful or dishonourable: (

i) acting in a way that is incompatible with the best interests of the public in the practice of the regulated profession; (ii) displaying a lack of knowledge of or lack of skill or judgment in the practice of the regulated profession; (iii) contravention of this A ct or the regulations that pertains to the practice or ethics of the regulated profession; (iv) representing or holding out that a person was registered as a practising member and in good standing while the registration was suspended or cancelled; (

v) failure or refusal to comply with an agreement that was part of a settlement in a complaint resolution process; (vi) failure or refusal to co-operate with an investigator or a person conducting a practice visit in accordance with this A ct; (vii) failure or refusal to co-operate in an examination or test under

section 52; (viii) failure or refusal to co-operate at a hearing when required to; (ix) carrying on the practice of the regulated profession with a practising member whose registration is suspended or with a person who is not a practising member; (nn) “unprofessional conduct fines table” means the unprofessional conduct fines table in

Part 9. 9

(2) In this A ct, a reference to “this A ct” includes the regulations made under this A ct. PA RT 1 GOVERNA NCE A dministration College established 2 A college is a corporation that (

a) is created or continued under

Part 9, (

b) consists of its practising members, student members and members registered on registers established under

section 31(1)(b), and (

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

a) carry out its activities and govern its practising members and student members in a manner that protects and serves the public interest, (

b) oversee the practice of the regulated profession by its practising members and student members, (

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

d) carry on the activities of the college and perform other duties and functions by the exercise of the powers conferred by this A ct.

(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 practising members unless the Minister grants the college an approval under

section 25.

(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. 10

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 received, the number of complaints referred to the complaint resolution process, the number of complaints disposed of, the number of hearings closed to the public in whole or in part and the number of appeals under

Part 4; (

b) information respecting registration; (

c) a description and an assessment of the college’s continuing competence program; (

d) whether the college has an approval under

section 25 and, if so, a statement describing how it is complying with conditions imposed on the approval, if any; (

e) a statement respecting the committees established under this A ct; (

f) a financial statement in the 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 A ssembly 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 A ct are met, require reports from the college in addition to the annual report under subsection (1).

(4) The Minister may collect personal information about members of colleges and members of councils, hearing tribunals and committees of colleges and may use that information for the purposes of administering this A ct. Council established 5(1) The governing body of a college is the council.

(2) The council consists of the president and (

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

b) the non-voting members, if any, provided for in the by-laws, and 11

(

c) subject to

section 14(1), the number of public members appointed by the Lieutenant Governor in Council.

(3) The president and members referred to in subsection (2)(

a) and (

c) are the voting members of council. Council’s role 6 A council manages and conducts the activities of the college, exercises powers of the college in the name of and on behalf of the college and carries out the powers, duties and functions of the council under this A ct and the by-laws. President 7 A council must appoint or provide for the election of an individual to be president for the purposes of this A ct. Registrar 8 A council must appoint an individual as registrar for the purposes of this A ct. Registration committee 9(1) A council must, subject to

section 13, establish a registration committee consisting of no fewer than 3 members, of which at least 2 must be practising members, and designate a member of that committee to act as chair.

(2) A registration committee may, (

a) in accordance with this A ct, review an application for registration, and (

b) undertake any other power, duty or function given to it under this A ct or the by-laws. Committee panel 10(1) The chair of the registration committee may designate 3 or more members of the registration committee to sit as a panel of the registration committee and may designate a member of the panel to act as chair.

(2) The chair of the registration committee may direct a panel to carry out any power or duty and to make any decision that the registration committee may carry out or make under this A ct.

(3) A power or duty carried out or a decision made by a panel of the registration committee is a power or duty carried out or a decision made by the registration committee.

(4) A ny reference in this A ct or any other enactment to a registration committee is deemed to be also a reference to a panel of the registration committee. 12

Competence committee 11(1) A council (

a) must, subject to

section 13, establish a competence committee consisting of no fewer than 3 members, of which at least 2 must be practising members appointed by the council, and designate one of the members of the committee to act as chair, and (

b) may direct the registration committee to carry out the powers and duties of a competence committee except those described in subsection (2)(b).

(2) 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 practising members, and (

c) may undertake any other power, duty or function given to it under this A ct or the by-laws.

(3) A competence committee may appoint a person who has special technical or other knowledge to inquire into and report to the competence committee with respect to any power or duty of the competence committee. Committee panel 12(1) The chair of the competence committee may designate 3 or more members of the competence committee to sit as a panel of the competence committee and designate a member of the panel to act as chair.

(2) The chair of the competence committee may direct a panel to carry out any power or duty that the competence committee may carry out under this A ct.

(3) A power or duty carried out by a panel of the competence committee is a power or duty carried out by the competence committee.

(4) A ny reference in this A ct or any other enactment to a competence committee is deemed to be also a reference to a panel of the competence committee. 13

Registration, competence function to registrar 13(1) If the council, by regulation, directs the registrar to carry out the powers and duties of the registration committee or of the competence committee except those described in

section 1l(2)(b), then council is not required to establish a registration committee or a competence committee.

(2) If the council makes a direction under subsection (1), a power or duty carried out by the registrar on behalf of the registration committee or competence committee is deemed to be a power or duty carried out by the registration committee or competence committee.

(3) If the council makes a direction under subsection (1), any reference in this A ct or any other enactment to the registration committee or competence committee is deemed to be also a reference to the registrar. Public members required 14(1) A t least 25% 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.

(2) The powers and duties of a council or panel of council, except 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.

(3) D espite subsections (1) and (2), 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 in

Part 9 governing the college comes into force. Public members appointed, lists 15(1) Subject to subsection (2), the Lieutenant Governor in Council (

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

b) may establish a list of public members for the purpose of appointments to the complaint review committees and hearing tribunals.

(2) The following are not eligible to be public members: 14

(

a) with respect to a college, a person who is a practising member, student member or former practising member of that college; (

b) a person who represents or is normally engaged in representing a group of employees who are practising members in the negotiation of collective bargaining agreements or in any proceedings under a collective bargaining agreement with respect to practising members; (

c) a member or officer of a regional health authority, the Provincial Mental Health A dvisory Board or the A lberta 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 of public members established under subsection (1)(b).

(4) A public member may be appointed under this

section 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 hold office after the expiry of the term of office until the member is reappointed, the member’s appointment is rescinded or a successor is appointed.

(6) Public members may be paid remuneration by the Government and may receive reasonable living and travelling expenses from the Government 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. Hearings director 16(1) A council must appoint an individual as a hearings director for the purposes of this A ct.

(2) Subject to

section 65(2), a hearings director may not chair or participate in a hearing, review or appeal under this Part. Hearing tribunal, complaint review committee membership lists 17(1) A council must establish a membership list for hearing tribunals and complaint review committees consisting of no fewer than 4 practising members.

(2) Only practising members are eligible to be on a list referred to in subsection (1). 15

Tribunal, complaint review committee established 18(1) The hearings director may establish a hearing tribunal and complaint review committee, consisting of (a) 2 or more members from the membership list established under

section 17, and (

b) at least one public member or 25% of the number of members designated under clause (a), whichever is greater, from the list established under

section 15(1)(b), 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) D espite the by-laws governing quorum, one public member or public members equivalent to at least 25% of the number of members other than public members present, whichever is greater, must be present at a meeting of a hearing tribunal or complaint review committee.

(3) A ll members of a hearing tribunal and of a complaint review committee are voting members.

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

section to carry out any power or duty that a hearing tribunal or complaint review committee may carry out under this Part. Tribunal, committee functions 19(1) A hearing tribunal’s powers and duties include holding hearings under this Part.

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

section 57 and conducting reviews under

section 65. Advisory Board established 20(1) The Health Professions A dvisory Board is established.

(2) The A dvisory Board consists of (

a) not more than 10 persons appointed as voting members by the Lieutenant Governor in Council of which at least 25% must be practising members, and (

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

i) one employee designated by the D eputy Minister of Labour; 16

(ii) one employee designated by the D eputy Minister of Health; (iii) one employee designated by the D eputy Minister of A dvanced Education and Career D evelopment; (iv) one employee designated by the D eputy 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.

(4) The Lieutenant Governor in Council may designate a chair of the A dvisory 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.

(5) 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.

(6) The Minister may provide administrative, secretarial and clerical services required by the A dvisory Board. dvisory oard’s role 21 The A dvisory Board may, on the request of the Minister, investigate and provide the Minister with advice with respect to this A ct. dvisory oard leetings 22(1) The A dvisory Board must notify a college and allow it to make submissions if matters pertaining to the college are to be discussed at a meeting of the A dvisory Board.

(2) A meeting of the A dvisory Board is open to the public but the A dvisory Board may close the meeting to the public for the purposes of discussion and voting. Regulated Professions plying to be regulated ofession 23(1) A profession seeking to be a regulated profession must apply to the Minister to recommend to the Legislature that this A ct be amended to include the profession as a regulated profession.

(2) A n application under subsection (1) 17

(

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

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

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

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

(4) When conducting an investigation under subsection (3), the A dvisory 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 and whether persons practising the profession should be authorized to provide restricted activities and 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 profession is 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 impact on practitioner availability and on education and training programs, the expected impact on enhancement of quality of service and the expected impact on prices, access and service efficiency; 18

(

h) ascertain the qualifications and minimum standards of competence that are desirable for a person applying to practise the profession and how the continuing competence of practitioners is maintained, and 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 A ct or consider whether they could be carried out in co-operation with another college; (

j) evaluate the impact, if any, that the profession’s becoming a regulated profession would have on any agreements on trade and mobility to which Canada or A lberta is a signatory. Recommenda tion to Minister 24(1) On completing an investigation under

section 23(3), the A dvisory Board must recommend to the Minister with reasons for the recommendation, whether it would be in the public interest that this A ct be amended to include the profession as a regulated profession or that the profession be regulated under another enactment.

(2) If the A dvisory Board recommends that the profession be a regulated profession under this A ct, the A dvisory Board must also recommend (

a) whether an existing corporation should be continued as a college, (

b) a proposed practice for the profession, and (

c) a name, title and initials, if any, for the profession and its members. Fee negotiation approval 25 If the Minister is satisfied that a college is organized so that when it undertakes its powers, duties and functions under this A ct it would not be influenced by an approval, (

a) the Minister may approve the college’s setting professional fees, providing guidelines on professional fees and negotiating professional fees on behalf of some or all of its practising members, and (

b) the Minister may impose conditions on that approval. 19

PA RT 2 REGISTRA TION A pplying for Registration Application for registration 26(1) A n application for registration as a practising member is complete if it is in the form provided for in the by-laws and given to the registrar by the applicant along with (

a) evidence of competence in the regulated profession by one of the following: (

i) by meeting one or more of the following as required by the regulations: (

A) education requirements, (

B) experience requirements, (

C) successfully completed examination requirements, or (

D) holding required certificates or diplomas, (ii) by being registered with a profession in another jurisdiction recognized by the regulations as having substantially equivalent competence and practice requirements and meeting the requirements of the regulations for the registration, under this A ct, of persons registered with that profession in that jurisdiction, or (iii) by providing evidence of having acquired the competence that is required for registration, (

b) the registration fee 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, and (

f) evidence of meeting standards of language proficiency, if required by the regulations. 20

(2) A n application for registration as a student member is complete if it is in the form provided for in the by-laws and given to the registrar by the applicant along with (

a) evidence of being enrolled in a program of studies provided for in the regulations or a substantially equivalent program, (

b) the registration fee 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 or study in Canada, if required by the regulations, (

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

f) evidence of meeting standards of language proficiency, if required by the regulations. Registrar’s duties 27(1) The registrar must, as soon as reasonably possible, on being given a complete application for registration as a practising member or student member, refer the application to the registration committee for that committee to make a decision on the application and give notice to the applicant that the application is complete.

(2) The registrar must consider an application for registration as a member other than a practising member or student member in accordance with the by-laws. Registration committee’s duties 28(1) The registration committee must consider an application for registration as soon as reasonably possible.

(2) The registration committee (

a) must approve the registration if the applicant meets the requirements described in

section 26(1)(a)(

i) and (

b) to (

f) or in

section 26(2), (

b) may approve the registration if the applicant meets the requirements described in

section 26(1)(a)(ii) or (iii) and (

b) to (

f) and may attach conditions that in the opinion of the registration committee are in the best interests of the public, or (

c) may defer the registration if in the opinion of the registration committee it is in the best interest of the public 21

to defer the registration of an applicant who meets the requirements described in

section 26(1)(a)(ii) or (iii) and (

b) to (

f) until the applicant complies with any or all of the following: (

i) obtains further training or experience of a kind required by the registration committee; (ii) successfully completes examinations required by the registration committee; (iii) is enrolled in a program of studies provided for in the regulations or an equivalent program; (iv) meets any other requirements imposed by the registration committee.

(3) The registration committee must, as soon as possible after receipt of an application for registration, give the registrar and the applicant a copy of the decision with the reasons for the decision and give notice to the applicant of the right to request, within 30 days, a review under

section 29.

(4) If the applicant does not receive a copy of the decision under subsection (3) by the date that is 120 days after notice was given that the application for registration is complete, the applicant may request a review under

section 29. Review application 29(1) A n applicant whose application for registration is accepted subject to conditions or whose registration is deferred or refused by the registration 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) A n applicant who is not given a copy of a decision by the date described in

section 28(4) 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. 22

(4) On being given a request for a review, the registrar must 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. Review of registration decision 30(1) A n applicant may appear with or without counsel and make representations to the council at a review.

(2) On reviewing a request for a review under

section 29, the council may (

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

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

section 28(2) 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. Registration Registers of members 31(1) A council (

a) must establish, in accordance with the regulations, (

i) registers for one or more categories of members who provide professional services of the regulated profession, and (ii) a register for students who provide restricted activities without the supervision of a practising member within the practice of the regulated profession; (

b) may, in accordance with the by-laws, establish registers for students who do not provide restricted activities, honorary members, inactive members and other non-practising members. 23

(2) A practising member and a student member who is suspended remains in the register.

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

a) the name of the member; (

b) the member’s registration number; (

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

d) the status of the member’s practice permit; (

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

f) whether the member’s registration is suspended or cancelled.

(4) The registrar may, if authorized by the regulations, (

a) enter in the register and remove from the register additional information about practising members and student members; (

b) request practising members and student members to provide information related to their demographic status and their practice of the regulated profession.

(5) The registrar may, if authorized by the by-laws, enter in the register and remove from the register information about members registered under subsection (1)(b). Public information 32 The public may, during regular business hours, inquire about the information on the registers established under

section 31(1) and the college must on request provide the information described in

section 31(3) and the names of members and category of registration of the members on registers established under

section 31(1)(b). Register error 33 The council, the hearing tribunal, the registration committee and the competence committee may direct the registrar to correct or remove any entry made in error in a register. 24

Registration of practising and student members 34(1) The registrar must enter in the register the name of a person whose application for registration as a practising member or student member has been approved and assign that person a registration member.

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

(3) On entering the name of a person in the register of student members, the registrar must issue the person a practice permit. Corporations not members 35 No corporation, professional corporation or physical therapy corporation shall be registered as a practising member, student member, or as an honorary member, inactive member or other non-practising member. Practice Permit Application date for practice permit 36(1) A practising member and a student member must submit a complete application for a practice permit to the registrar periodically by the date provided for in the regulations.

(2) The registrar must, as soon as possible on receipt of an application for a practice permit, refer the application to the competence committee for that committee to make a decision on the application.

(3) A practising member and a student member may continue to practise if an application for a practice permit has been submitted but a decision on the application has not been made. Applying for practice permit 37(1) A n application for a practice permit is complete if it is in the form provided for in the by-laws and given to the registrar by a practising member or student member (

a) whose registration is not suspended or cancelled, (

b) who meets the requirements for continuing competence provided for in the regulations or is enrolled as a student in a program of studies provided for in the regulations or a substantially equivalent program, (

c) who provides evidence of having the amount and type of professional liability insurance, if required by the regulations, and 25

(

d) who has paid the practice permit fee provided for in the by-laws.

(2) The competence committee must consider an application for a practice permit and any report under

section 47(5) with respect to the applicant and decide whether (

a) to approve the application if the practising member or student member meets the requirements set out in subsection (1) and issue the member a practice permit, (

b) to approve the application but to impose conditions for the completion of the continuing competence requirements within the time specified by the competence committee, before issuing a practice permit, (

c) to suspend the registration and practice permit of the practising member or student member until the practising member has successfully completed the continuing competence requirements set out in the regulations or the student member is enrolled as a student 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 registrar and the practising member or student member a copy of the decision with the reasons for the decision, direct the registrar to issue the practice permit or suspend the registration in accordance with the decision, and give notice to the practising member or student member of the right to request, within 30 days, a review under

section 39. Permit not applied tor 38 If a practising member or a student member does not submit an application for a practice permit as required, the registrar (

a) shall not issue a practice permit to the practising member or student member, (

b) must give written notice to the practising member or student member that the member’s registration and practice permit will be cancelled if the member does not submit a complete application for a practice permit within 30 days of being given the notice or within a greater number of days as set out in the notice, and (

c) if the member fails to submit a complete application within the time set out in the notice, must cancel the registration and practice permit in accordance with

section 41. 26

Review by council 39(1) A n applicant whose application for a practice permit is approved subject to conditions, deferred or refused by the 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 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 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) The applicant and a member of the competence committee may appear with or without counsel and make representations to the council at the review.

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

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

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

section 37(2) on the application and may make any further order the council considers necessary for the purposes of carrying out the decision.

(6) The council must give the applicant a written copy of its decision under subsection (5) with the reasons for the decision. Suspension, Cancellation and Reinstatement Cancellation grounds 40 Registration and a practice permit may be (

a) cancelled in accordance with

section 41, (

b) suspended in accordance with

section 37(2)(c), (

c) suspended or cancelled pursuant to an order under

Part 4, or (

d) on a request under

section 41(5). 27

Cancellation of registration 41(1) The registrar, after 30 days or a greater number of days, as set out in the notice, after giving a written notice to a practising member or a student member, may cancel the registration and practice permit of that member if the member does not apply for a practice permit, 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 A ct or the by-laws.

(2) The notice under subsection (1) must state that the registrar may cancel the registration and practice permit of the practising member or student 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 registration 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, reinstate that registration in the register and, if necessary, return the certificate of registration and issue or reissue the practice permit.

(4) If a practising member or student member does not comply with conditions imposed under

section 37(2)(

b) or (

c) within the time specified, the competence committee 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 practising member or student member and cancel the registration of a member other than a practising member or student member on the member’s request. Return suspended or cancelled permit, certificate 42 If the registration or practice permit of a practising member or student member is suspended or cancelled under this Part or suspended or cancelled under an order under

Part 4, that person must, on request, send the practice permit or certificate of registration to the registrar. Reinstatement 43 A person whose registration or practice permit is cancelled may apply for reinstatement in accordance with the regulations. Registration Required Mandatory registration 44(1) A person must apply for registration if the person (

a) meets the requirements of this A ct for registration as a practising member of a regulated profession, and (

b) provides any or all of the following: 28

(

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

(2) If a registrar becomes aware of a person who meets the requirements of subsection (1) but is not a practising member, 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 to the registrar within 30 days of receiving the request.

(4) This

section does not apply to a person who is (

a) a practising member or student member of another college, or (

b) authorized to provide services referred to in subsection (1) pursuant to another enactment. Offence 45(1) A person who meets the requirements of

section 44(1) but does not comply with a request under

section 44(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. 29

PA RT 3 CONTINUING COMPETENCE A ND PRA CTICE VISITS Continuing Competence Program Continuing competence program 46(1) A council must provide, by regulation, continuing competence requirements within 5 years from the date that a

Schedule in

Part 9, with respect to the council, comes into force.

(2) Continuing competence requirements (

a) must provide for the maintenance and improvement of competence by the practising members on an on-going basis, and (

b) may, if authorized by the regulation, provide for practice visits of the practising members on a regular basis. Practice Visits Practice visit 47(1) In this

section “publicly funded facility” means an institution or facility that (

a) is a 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 or is any other health or social care institution or facility that is approved or receives money under an A ct of the Parliament of Canada or of the Legislature of A lberta, 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 practising member participate in a practice visit, and the practising member must co-operate with the members of the competence committee and a person appointed under

section 11(3).

(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(3) may, (

a) subject to subsection (4), at any reasonable time and on having given prior notice, enter and inspect any place where the practising member provides professional services; 30

(

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

c) observe the practising 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 practising member about the practising member’s professional services; (

e) review documents and examine substances and things that (

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

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

(4) No member of the competence committee or a person appointed under

section 11(3) 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 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 practising member setting out the findings of the visit; (

b) advise the practising member and the registrar (

i) that results from the practice visit were satisfactory, (ii) that the practising member must undertake specified actions in accordance with the regulations, or (iii) that information obtained from the practice visit has been referred to the complaints director to be acted 31

on by the complaints director in accordance with

section 53.

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

a) the practising member displays a lack of skill or judgment in the provision of professional services that cannot be or has not been remedied by participating in a continuing competence program, or (

b) the conduct of the practising member otherwise constitutes unprofessional conduct. Confidentiality 48(1) A member of the competence committee or a person appointed under

section 11(3) shall not publish, release or disclose in any manner information obtained in the course of carrying out their powers and duties under

section 47 except as is necessary to carry out those powers and duties.

(2) D espite subsection (1), information obtained under

section 47 may be (

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

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

section 47(5), and (

c) released or disclosed to the legal representative of the practising member in connection with proceedings under this Part,

Part 2 and

Part 4.

(3) A person who knowingly publishes, releases or discloses information contrary to this

section is guilty of an offence and liable to a fine of not more than $10 000. 32

PA RT 4 PROFESSIONA L CONDUCT Division 1 Complaint Process Complaints director 49 A council must appoint an individual as a complaints director for the purposes of this A ct. Making a complaint 50(1) A person may give a written, signed complaint to the complaints director regarding the unprofessional conduct or alleged unprofessional conduct of (

a) a practising member, (

b) a former practising member, or (

c) a student member if student members are, by the regulations, made subject to this Part.

(2) If a complaint is made regarding the unprofessional conduct of a practising member or student member proceedings with respect to that person are not affected by the person ceasing to be a practising member or student member before the proceedings are completed.

(3) D espite subsection (1)(b), a complaint about a former practising member who was a member under a former A ct but has not been a member under this A ct may be dealt with under this Part only if discipline proceedings under the former A ct could be commenced if that A ct were still in force. Acting on a complaint 51(1) Within 30 days of being given a complaint the complaints director must give notice to the complainant, if any, of the action taken under this

section with respect to the complaint.

(2) The complaints director (

a) may encourage the complainant and the member about whom the complaint is made to communicate with each other and resolve the complaint, (

b) may make a referral to a complaint resolution process under D ivision 2, (

c) may request an expert to assess and provide a written report on the professional service that is the subject-matter of the complaint, 33

(

d) may conduct, or appoint an investigator to conduct, an investigation regarding the member about whom the complaint is made, (

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

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

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

section 65. Assessing incapacity 52(1) If the complaints director has reasonable grounds to believe that an investigated person who provides a professional service is incapacitated, the complaints director may make and give an order to an investigated person that requires the investigated person to submit to physical or mental examinations and tests to be conducted by or ordered by a member of a regulated profession specified in the order.

(2) A n investigated person given an order under subsection (1) may apply, by filing an originating notice with the Court of Queen’s Bench and on giving a copy to the registrar, for an order to quash an order under subsection (1) on the basis that there are no reasonable grounds for that order.

(3) The Court of Queen’s Bench may grant a stay of an order under subsection (1) pending the conclusion of a hearing under subsection (2).

(4) The member of a regulated profession who conducts the examinations or tests under subsection (1) must give a report of the results of the examinations and tests to the complaints director and the investigated person. Aware of unprofessional conduct 53(1) If the complaints director has reason to believe that the conduct of a practising member or former practising member constitutes unprofessional conduct, the complaints director must treat the information as a complaint.

(2) If the complaints director receives information that a practising member, former practising member or student member has been found guilty of an indictable offence and the complaints director is of the opinion that the subject-matter of the indictable offence constitutes unprofessional conduct, the complaints director must treat the matter as a complaint and 34

(

a) treat the information as if it were a complaint received under

section 50, or (

b) refer the information, as a complaint, to the hearings director for a hearing. Termination by employer 54(1) If the employment of a practising member is terminated because of conduct that in the opinion of the employer is unprofessional conduct, that employer must give notice to the complaints director of that conduct.

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

a) treat the employer as a complainant, (

b) treat the information as a complaint and act on it under

section 51, and (

c) notify the employer and the practising member accordingly. Division 2 Complaint Resolution Complaint resolution process 55(1) If a complaint is within the rules provided for in the regulations on complaint resolution, the complaints director may, with the agreement of the complainant and the investigated person, refer the complainant and the investigated person to a complaint resolution process provided for in the regulations at any time prior to the commencement of a hearing by the hearing tribunal.

(2) A representative of the college must conduct or participate in a complaint resolution process.

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

(4) If an expert report has been prepared with respect to a professional service that is the subject-matter of the complaint, the complaints director must give a copy of the report to the person conducting the complaint resolution process.

(5) If an expert report has not been prepared, the person conducting the complaint resolution process may request an expert to assess and provide a written report on the professional service that is the subject-matter of the complaint.

(6) A person who conducts a complaint resolution process may assist in settling a complaint, but if 35

(

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

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

section 57, the person must notify the complaints director.

(7) If during the complaint resolution process information is introduced that causes the person conducting the complaint resolution process to believe that the matter is no longer within the rules provided for in the regulations on complaint resolution, the person must notify the complaints director and the complaints director must act in accordance with subsection (8).

(8) The complaints director, on being notified under subsection (6) or (7) or

section 57(7)(b), must (

a) if an investigation has not been commenced, commence an investigation under D ivision 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, or (

c) in all other cases, refer the matter to the hearings director for a hearing. Complaint resolution evidence 56(1) A person who conducts a complaint resolution process must keep any records relating to the process separate from the college records except records relating to a settlement under

section 57.

(2) A ny document prepared or generated for the purposes of a complaints resolution process is privileged in the hands of the person to whom it belongs.

(3) A n expert report and information described in

section 55(8), any communication and evidence arising from anything said, evidence of anything said or evidence of an admission or communication made in the course of a complaint resolution process is confidential and not admissible in any proceedings under this or any other A ct or in any action, matter or proceeding before a court, without the written consent of the investigated person and the complainant unless it is part of a settlement under

section 57. 36

Settlement 57(1) If the complainant and the investigated person agree, in writing, to a settlement of a complaint in a complaint resolution process, the person conducting the 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, (

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

c) refuse to ratify the settlement.

(3) If a ratified settlement includes an agreement that the investigated person is to do or to refrain from doing something, the complaints director must oversee the carrying out of the agreement.

(4) On being informed that the agreement is not complied with, the complaints director may treat the information as a complaint and (

a) act on it under

section 51, or (

b) refer it to the hearings director for a hearing.

(5) If the complaints director makes a referral under subsection (4)(b), the complaints director must notify the complainant.

(6) The college may publish information respecting a complaint and a ratified settlement but may only reveal the identity (

a) of the investigated person, if the investigated person’s registration is suspended or cancelled or if conditions are imposed on the investigated person’s registration or practice permit, (

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

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

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

a) that relates to all the matters complained of or that arose during the complaint resolution process, no further proceedings under this Part shall be taken with respect to those matters, or 37

(

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

section 51. Division 3 Investigations Notice of investigation 58(1) If an investigation is to be conducted under this Part, the complaints director (

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

b) must provide the investigator with reasonable particulars of the complaint to be investigated and give the investigator a copy of the expert report, if any, prepared with respect to the complaint, and (

c) must, unless it would likely result in harm to the public interest, give the investigated person the name of the investigator and give the investigated person reasonable particulars of the complaint to be investigated.

(2) If the investigated person is given any information under subsection (1)(c), the complaints director must advise the investigated person that anything said and copies of any documents provided to the investigator and a description of and discussion about any substance or thing given to the investigator may be included in a report under

section 63 and provided to the complaint review committee for review under

section 65. Investigation scope 59(1) A n investigator may investigate a complaint.

(2) In the course of the investigation under subsection (1) an investigator may investigate matters that arise related to how the investigated person provided professional services. Investigation powers 60(1) A n 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 38

(ii) require any person to give any document, substance and thing relevant to the investigation to the investigator, (

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

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

(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 inquiries the investigator may have relating to the investigation. 39

(4) A n application for an order under subsection (3) 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.

(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.

Proceedings delayed 61(1) If an investigated person is charged or if in the opinion of the complaints director it is likely that the investigated person may be charged with an offence under an A ct of the Parliament of Canada or the Legislature of A lberta and that offence relates to the subject-matter of the complaint, the complaints director must advise the Minister of Justice and A ttorney General, and proceedings under this Part may continue unless the Minister of Justice and A ttorney General directs that the proceedings under this Part be delayed until the proceedings respecting the offence are concluded.

(2) If during the investigation the complaints director, in accordance with this Part, refers the complainant and the investigated person to a complaint resolution process, the investigation and hearing must not proceed until the matter is referred to the hearings director under

section 55(8)(c). Practice conditions, suspension during proceedings 62(1) On the recommendation of the complaints director or the hearing tribunal, the president may (

a) impose conditions on the investigated person’s entitlement to engage in the practice of the regulated profession generally or in any field of the practice of that regulated profession, including the conditions that the investigated person (

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

b) suspend the registration of an investigated person, until the outcome of proceedings under this Part even if the proceedings are delayed under

section 61. 40

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

(3) If the registration of an investigated person is suspended under this section, the complaints director must ensure that the proceedings under this Part proceed as soon as practicable. Report of investigation 63(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 must direct the investigator, or appoint another investigator, to undertake further investigation and make a report and submit it to the complaints director.

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

section or

section 65(4)(b), the complaints director determines that the investigation is concluded, the complaints director must (

a) refer the complaint 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) D espite 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 matter from the hearings director and hearing tribunal and dismiss the complaint. Notification of action taken 64 The complaints director must (

a) notify the complainant and the investigated person in writing of the action taken under

section 63(3) and the reasons for it, and 41

(

b) if the complaints director dismisses the complaint, notify the complainant in writing of the right to apply to the hearings director for a review under

section 65. Review of dismissal of complaint 65(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 under

section 51 or 64 of the dismissal.

(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 63 to a complaint review committee.

(3) The complaint review committee, within a reasonable time, (

a) must review what is given to it under subsection (2) and the decision to dismiss the complaint, and (

b) may interview any person it considers necessary.

(4) 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 make a report and submit it to the complaints director, 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.

(5) The complaint review committee must give the complainant written notification, with reasons, of any action taken under subsection (4). Hearing to be scheduled 66 On receiving a referral for a hearing or when acting under

section 78(3)(b), the hearings director must ensure that, within 90 days, a hearing tribunal sets a date for a hearing with respect to the complaint unless (

a) proceedings are delayed under

section 61, 42

(

b) the complaints director dismisses the complaint under

section 63(4), or (

c) the president grants an extension on application by the hearings director on the grounds of unavoidable delay. Admission of unprofessional conduct 67(1) A ny time after a complaint has been made but prior to the hearing tribunal’s making a decision as to whether unprofessional conduct has occurred, an investigated person may submit to the hearings director a written admission of unprofessional conduct with respect to the subject-matter of the complaint.

(2) A n admission of unprofessional conduct shall not be acted on unless it is acceptable in whole or in part to the hearing tribunal.

(3) If an admission of unprofessional conduct is accepted in whole or in part by the hearing tribunal, any investigation of the complaint and any complaint resolution process with respect to the complaint is suspended and the hearing tribunal may hold a hearing limiting itself to deciding (

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

b) any orders to be made under

section 78(1).

(4) D espite subsection (3), if an admission of unprofessional conduct does not relate to all the matters complained of or investigated, the hearing tribunal may commence or continue a hearing with respect to those matters. Division 4 Hearings and Decisions Bias prevention 68(1) A ny person who has investigated, reviewed or made a decision on the complaint or matters related to the 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 the complaint.

(2) No person who is sitting as a member of a council, tribunal or committee holding a hearing or review under this Part shall communicate outside the hearing, in relation to the subject-matter of the hearing, with a party to the hearing, the complainant or their representatives. 43

Investigated person at hearing 69(1) The investigated person may appear and 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. Witnesses Investigated person’s witnesses 70(1) The investigated person may cause to be given to any person, including the complainant, prior to the hearing 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 other than an investigator’s report. (2) Subsection (1) does not preclude (

a) the college from directing the release of a copy of the investigator’s report to the investigated person, or (

b) the investigated person’s being given a copy of the investigator’s report if (

i) the report is to be produced in whole or in part as evidence at the hearing, or (ii) the memory of the investigator is refreshed by referring to the report prior to or while being a witness at the hearing. College witnesses 71 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 complaint be given, under

section 74, a notice to attend and a notice to produce any document, substance or thing related to the subject-matter of the hearing. Rights and obligations of witnesses 72(1) A witness must 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 44

(

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

(2) If an answer given under subsection (1) could subject the witness to orders under this Part or establish the witness’s liability in a civil proceeding or proceedings under this or any other enactment, that answer may not be used or received against the witness in a civil proceeding or in proceedings under this Part or any other enactment, but that answer may be used or received against the witness (

a) in proceedings in respect of perjury or of giving contradictory evidence under this A ct, or (

b) other proceedings under other Parts of this A ct.

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

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

section 70 or 74 and that person fails (

a) to attend the hearing, (

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

c) to be sworn or to answer any question that the hearings 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 do so.

(5) A n 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 A lberta, 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. Witness fees 73 A witness who has been given a notice to attend or a notice to produce is entitled to be paid fees in the same amount as are payable to a witness in an action in the Court of Queen s Bench, (

a) by the college, if the notice was given under

section 74, or 45

(

b) by the investigated person, if the notice was given under

section 70. Hearings College duties in respect of hearing 74 The complaints 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, (

i) advise the complainant, if not requested under

section 71 to give evidence, of the date, time and location of the hearing, (ii) give any person requested under

section 71 a notice to attend, and (iii) give any person requested under

section 71 who is to produce documents or any substance or thing a notice to attend and a notice to produce. Access to hearing 75(1) A hearing is open to the public unless (

a) the hearing tribunal may hold the hearing or part of the hearing in private on its own motion or on an application of any person that the hearing or part of the hearing should be in private because (

i) of probable prejudice to a civil action or a prosecution of an offence, (ii) of the safety of the person or of the public, (iii) the non-disclosure of a person’s confidential, personal, property acquisition or financial information outweighs the desirability of having the hearing open to the public, (iv) the presence of the public or complainant could compromise the ability of the witness to testify, or (

v) of other reasons satisfactory to the hearing tribunal, or 46

(

b) another A ct 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.

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

a) the investigated person may attend, and (

b) the complainant may attend unless the hearing tribunal directs otherwise.

(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 gives evidence and has been released or dismissed from the hearing. Tribunal at hearing 76(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.

(2) The hearing tribunal may request an expert to assess and provide a written report on the professional service that is the subject-matter of the complaint.

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

(4) 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.

(5) If the investigated person does not appear at a hearing and there is proof that the investigated person has been given a notice of the hearing, the hearing tribunal may (

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

b) act, decide or report on the matter being heard as if the investigated person were in attendance. 47

Decisions and Records Findings of tribunal 77 The hearing tribunal may find that the conduct of an investigated person does or does not constitute unprofessional conduct. Orders of tribunal 78(1) If the hearing tribunal finds 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 registration generally or in any area of the practice of that regulated profession, including conditions that the investigated person (

i) practise under supervision, (ii) practise with one or more other practising members, or (iii) 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 or committee specified in the order that the investigated person is not incapacitated and suspend the person’s registration until the hearing tribunal or committee 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 particular course of study or satisfy the committee specified in the order as to the investigated person’s competence generally or in a field of the practice of the regulated profession; (

g) suspend the registration of the investigated person either generally or from any part of the practice of the regulated profession 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 48

(ii) the hearing tribunal, committee or individual specified in the order is satisfied as to the competence of the investigated person generally or in a specified field of the practice of the regulated profession; (

h) suspend the registration and practice permit of the investigated person either generally or from any part of the practice of the regulated profession for a stated period; (

i) accept in place of a suspension the investigated person’s undertaking to limit that person’s practice; (

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

k) 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 do any or all of the following: (

i) waive, reduce or repay the fee for professional services; (ii) pay any fees required to be paid by the complainant for remedial treatment; (

l) 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; (

m) 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 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; (

n) any order that the hearing tribunal considers necessary for the protection of the public.

(2) The hearing tribunal may, in an order under subsection (1), stay the order or a portion of the order until an event specified in the order takes place or a condition specified in the order is fulfilled. 49

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

section or

section 86(5)(b), the complaints director may (

a) treat the matter as information under

section 53, (

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)(m), cancel the registration and practice permit of the investigated person.

(4) A fine or expenses ordered 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. Written decision 79 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 80(1) The hearing tribunal must forward to the hearings director (

a) the decision, and (

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

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

(2) The hearings director must, on receiving the decision and the record described in subsection (1), (

a) give a copy of the decision to the complainant, and (

b) give a copy of the decision to the investigated person and notify the investigated person of the right to appeal the decision to the council. 50

Examination of record 81(1) The investigated person may examine the record of the hearing and, on paying the reasonable costs of copying and delivering the record, receive a copy of it.

(2) The complainant may examine the record of the hearing, except for the record that relates to a part of the hearing that the complainant was directed by the hearing tribunal not to attend and on paying the reasonable costs of 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 record that relates to a part of the hearing that was held in private and on paying the reasonable costs of copying and delivering that decision and record may receive a copy of it. Division 5 A ppeals Stay pending appeal 82(1) A decision of the hearing tribunal remains in effect pending an appeal to the council unless the president, on application, stays the decision pending the appeal.

(2) If the president (

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.

(3) A decision of the council remains in effect pending an appeal to the Court of A ppeal unless the Court, on application, stays the decision pending the appeal. A ppeal within College Appeal to the council 83(1) A n investigated person or the complaints director, on behalf of the college, may commence an appeal to the council on 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. 51

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

(3) A registrar 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 panel of council hearing the appeal, and (

b) ensure that the 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 matters appealed and are given a copy of the record. Council panel 84(1) Subject to

section 14, a council may designate one or more panels of council members, of at least 3 persons to carry out any power or duty and make any decision that the council may carry out or make under this D ivision.

(2) The council must designate one of the panel members to act as chair of the panel.

(3) The council may direct a panel to carry out any power or duty and make any decisions that the council may carry out or make under this D ivision.

(4) A decision made or power or duty carried out by a panel of the council at a sitting of the panel is a decision made or power or duty carried out by the council.

(5) A ny reference in this A ct or any other enactment to a council is deemed to be also a reference to a panel of the council. Scheduling the appeal 85(1) A council must, (

a) if conditions have been imposed under

section 78(1)(c)(

i) or (ii) on the registration of the investigated person or if the registration of the investigated person has been suspended or cancelled under

section 78(1)(g), (

h) or (j), hear the appeal within 45 days after the date of service of the notice of appeal, and (

b) in all other cases, hear the appeal within 90 days after the date of service of the notice of appeal. 52

(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 (

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

b) applies, no extension may be granted for a period of more than 90 days. Council’s powers on appeal 86(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 proceedings before the hearing tribunal and its decision.

(3) Subject to subsection (4)(b), sections 68, 69, 74, 75, 76(1), (3), (4) , (5) and 77 to 81 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, (

b) on granting special leave for that purpose, receive compelling new evidence and direct the hearing tribunal that held the hearing to hear the 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 proceedings before it, decide 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 in order to receive additional evidence for further consideration in 53

accordance with any direction that the council may make, or (

d) refer the matter to the hearings director to

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

(6) In addition to expenses referred to in

section 78(1)(

l) the council may, subject to the regulations, direct the investigated person to pay, within the time set by the council, all or part of expenses of the appeal.

(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 as an action in debt. A ppeal to the Court Court of Appeal 87(1) A n investigated person may appeal to the Court of A ppeal any finding, order or direction of the council under

section 86.

(2) A n 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 88(1) The appeal to the Court of A ppeal 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. Power of Court on appeal 89(1) The Court of A ppeal on hearing an appeal may (

a) make any finding that in its opinion should have been made; 54

(

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 88 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 A ppeal may make any award as to the costs of an appeal to it that it considers appropriate. Application to vary order 90 If the time for filing an appeal under this Part has passed and due to a change in circumstances an order is impossible to carry out, the practising member or former practising member to whom the order is directed may apply to the council for a variation of the order. Division 6 General Non-prejudicial orders 91 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. Hearings documents, exhibits 92 The college must (

a) release documents and exhibits produced at a hearing to the person who produced them, on the person’s request, within a reasonable time after the matter in issue has been finally determined, but (

b) must keep a copy of them as part of the record in accordance with

section 116. Commissioner for oaths 93 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 or review under this Part. 55

PA RT 5 BUSINESS A RRA NGEMENTS Conducting a Practice Practice in association 94(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.

(2) Unless restricted by regulations under this section, a practising member may (

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

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

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

a) restricting the persons or classes of persons with whom a practising member or class of practising member may practise in association; (

b) restricting the persons or classes of persons to whom a practising member or class of practising members may refer or receive referrals of patients. Partnership restrictions 95(1) A practising member of (

a) the College of Physicians and Surgeons of the Province of A lberta, (

b) The A lberta D ental A ssociation and College, or (

c) The A lberta College of Optometrists 56

shall not (

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

e) divide, share, split or allocate, either directly or indirectly, any fee for professional services or materials with any person who is not a practising member of the same college as the practising member. (2) Subsection (1) does not apply (

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

b) to a payment of rent under a lease that is calculated on the basis of gross fees. Physical therapy practice restrictions 96 No practising member who is a physical therapist 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 6 of

Schedule 21. Practice arrangements 97 A practising member is responsible, for the purposes of this A ct, for how the practising member provides professional services and complies with this A ct regardless of the practice arrangements of the practising member and, without restricting the generality of how professional services are provided, this responsibility includes providing professional services as (

a) a self-employed individual, (

b) an employee, (

c) a partner, (

d) a shareholder, (

e) a director, (

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

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

h) an employer. 57

Municipal, settlement licence exemption 98 No municipality or Metis settlement has the power to require (

a) a practising 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 practising members to obtain a licence from the municipality or Metis settlement to practise a regulated profession. Advertising 99 A practising member shall not engage in advertising that is untruthful, inaccurate or otherwise capable of misleading or misinforming the public. Professional Corporations and Physical Therapy Corporations

Definitions 100 In sections 101 to 112, (a) “annual permit” means an annual permit issued under

section 106 or 107; (b) “articles” means articles as defined in the Business Corporations Act; (c) “podiatrist” means a podiatrist, registered podiatrist, podiatric medical practitioner, and doctor of podiatric medicine; (d) “registrar” means the registrar of (

i) the College of Physicians and Surgeons of the Province of A lberta; (ii) The A lberta D ental A ssociation and College; (iii) The College of Chiropractors of A lberta; (iv) The A lberta College of Optometrists; (

e) Registrar of Corporations” means the Registrar under the Business Corporations Act. 58

Professional corporation, physical therapy corporation 101(1) A corporation may provide professional services of a practising member of (

a) the College of Physicians and Surgeons of the Province of A lberta, other than a podiatrist, (

b) The A lberta D ental A ssociation and College, (

c) The College of Chiropractors of A lberta, or (

d) The A lberta College of Optometrists in its own name only if it is a professional corporation that holds an annual permit under this A ct.

(2) A corporation may provide professional services of a practising member of (

a) the College of Physicians and Surgeons of the Province of A lberta, other than a podiatrist, (

b) The A lberta D ental A ssociation and College, (

c) The College of Chiropractors of A lberta, or (

d) The A lberta College of Optometrists only if it is a professional corporation that holds an annual permit.

(3) A professional corporation may only provide the professional service of a practising member of (

a) the College of Physicians and Surgeons of the Province of A lberta, other than a podiatrist, (

b) The A lberta D ental A ssociation and College, (

c) The College of Chiropractors of A lberta, or (

d) The A lberta College of Optometrists.

(4) A corporation, company or society may provide professional services of a practising member of the College of Physical Therapists of A lberta in its own name only if it is a physical therapy corporation that holds an annual permit under this A ct.

(5) A physical therapy corporation may only provide the professional service of a practising member of the College of Physical Therapists of A lberta. 59

Name 102(1) The name of a professional corporation must contain only the surnames, or the surnames and any combination of the given names or initials, of one or more practising members who are or were shareholders of the corporation, or whose names appeared in the name of any practice acquired by the corporation, followed by the words “Professional Corporation”.

(2) Subject to subsection (1), if a professional corporation’s shareholders consist of one practising member, the name of the professional corporation must contain the surname and at least one given name or initial of the shareholder, followed by the words “Professional Corporation”.

(3) Subject to subsection (4), a professional corporation may provide professional services only under its corporate name.

(4) A professional corporation may provide professional services in partnership under a partnership name that does not contain the full corporate name of all the partners if the full corporate name of each professional corporation that is a partner is shown on the letterhead of the partnership.

(5) A physical therapy corporation may provide professional services only under its corporate name or another name approved in accordance with the by-laws of the College of Physical Therapists of A lberta. Use of name 103(1) No person shall provide the professional services of a practising member of (

a) the College of Physicians and Surgeons of the Province of A lberta, (

b) The A lberta D ental A ssociation and College, (

c) The College of Chiropractors of A lberta, or (

d) The A lberta College of Optometrists, within A lberta under any name containing the words “Professional Corporation” or the abbreviation “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 A ct, or unless otherwise expressly authorized by statute.

(2) No person shall provide the professional services of a practising member of the College of Physical Therapists of A lberta under any name containing the word “company”, “society”, "corporation" or "limited” or the abbreviation “Ltd.” unless that 60

person is incorporated and the company, society or corporation holds an annual permit under this A ct, or unless otherwise expressly authorized by statute.

(3) A person who contravenes subsection (1) or (2) is guilty of an offence and liable to a fine not exceeding $100 for every day on which that name is used. Liability of shareholders and employees 104(1) D espite anything to the contrary in the Business Corporations Act and despite a professional corporation’s providing the professional services of a practising member of (

a) the College of Physicians and Surgeons of the Province of A lberta, (

b) The A lberta D ental A ssociation and College, (

c) The College of Chiropractors of A lberta, or (

d) The A lberta College of Optometrists, every shareholder of a professional corporation during the time that it holds an annual permit or during the time that it contravenes this A ct or a former A ct 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.

(2) D espite anything to the contrary in the Companies Act, Societies Act and Business Corporations Act and despite a physical therapy corporation’s providing the professional services of a practising member of the College of Physical Therapists of A lberta every shareholder and member of a physical therapy corporation during the time that it holds an annual permit or during the time that it contravenes this A ct or a former A ct is liable to the same extent and in the same way as if the shareholder or member were during that time carrying on the business of the physical therapy corporation as a partnership or, if there is only one shareholder or member, as an individual providing professional services.

(3) For the purposes of this A ct, the responsibilities and liability of any person in providing professional services are not affected because the professional services are provided by that person as an employee and on behalf of a professional corporation or a physical therapy corporation. 61

Approval for professional corporation 105 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 practising member other than a podiatrist 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 by the by-laws. Professional corporation, physical therapy corporation registered 106(1) A practising member who obtains an approval under

section 105 and incorporates the proposed professional corporation under the Business Corporations Act may register the professional corporation under this A ct, if the practising member (

a) satisfies the registrar that the individuals who will provide restricted activities on behalf of the professional corporation are practising 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 A ct, (

d) satisfies the registrar that the name of the corporation meets the requirements of this A ct, (

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

f) satisfies the registrar that no shareholder of the professional corporation has entered into a voting trust agreement, proxy or any other type of agreement vesting in another person who is not a practising member of the same college the authority to exercise the voting rights attached to any or all of the shareholder’s shares, and (

g) submits the permit application fees provided for in the by-laws.

(2) If a registrar is satisfied that subsection (1) has been complied with, the registrar must register the professional corporation, issue an annual permit to the professional corporation, assign a number to the professional corporation and enter the name of the professional corporation in the record of professional corporations. 62

(3) The registrar of the College of Physical Therapists of A lberta may issue an annual permit to a physical therapy corporation if a practising member (

a) submits an application for registration in accordance with the by-laws, (

b) satisfies the registrar that the corporation, company or society meets the requirements set out in subsection (1)(

a) to (

d) and (

g) with any necessary modifications, and (

c) satisfies the registrar of the College of Physical Therapists of A lberta that the legal and beneficial ownership of the issued shares, if any, of the physical therapy corporation meet the requirements of

Schedule 21 and that no shareholders or members of the physical therapy corporation have entered into an agreement contrary to subsection (1)(f).

(4) If the registrar of the College of Physical Therapists of A lberta is satisfied that subsection (3) has been complied with, the registrar of the College of Physical Therapists of A lberta must issue an annual permit to the physical therapy corporation, assign a number to the physical therapy corporation, and enter the name of the physical therapy corporation on the record of physical therapy corporations. Annual permit 107(1) A n annual permit for a professional corporation and for a physical therapy corporation expires on the date provided for in the by-laws.

(2) If a professional corporation to which a number is assigned under

section 106(2) submits (

a) an application for an annual permit in the form provided for in the by-laws, (

b) evidence satisfactory to the registrar that the corporation complies with and, while an annual permit was in effect, complied with,

section 106(1)(

a) to (f), (

c) the information required by the regulations, and (

d) the annual permit application fee provided for in the by-laws, the registrar must issue an annual permit to the professional corporation. 63

(3) If a physical therapy corporation for which a number is assigned under

section 106(4) submits (

a) an application for an annual permit in the form provided for by the by-laws, (

b) evidence satisfactory to the registrar that the corporation complies with and while an annual permit was in effect, has complied with

section 106(3), (

c) the information required by the regulations, and (

d) the annual permit application fee provided for by the by-laws, the registrar must issue an annual permit to the physical therapy corporation.

(4) If the annual permit of a professional corporation or physical therapy corporation is not issued, the annual permit expires in accordance with subsection (1). Voting of shares restrictions 108(1) No shareholder of a professional corporation shall enter into a voting trust agreement, proxy or any other type of agreement vesting in another person who is not a practising member of the same college the authority to exercise the voting rights attached to any or all of the shareholder’s shares.

(2) No shareholder of a physical therapy corporation shall enter into a voting trust agreement, proxy or any other type of agreement vesting in another person who is not a practising member of the College of Physical Therapists of A lberta the authority to exercise the voting rights attached to any or all of the shareholder’s shares if to do so would conflict with the requirements of

section 6 of

Schedule 21. Change in organization 109 A professional corporation and a physical therapy corporation must inform the registrar within 15 days in the form provided for in the by-laws of any change in the ownership or directors of the professional corporation or physical therapy corporation or to the name of the professional corporation or physical therapy corporation. 64

Professional corporations, physical therapy corporations record 110(1) A registrar must keep and maintain a record of professional corporations containing the following information with respect to each professional corporation and the registrar of the College of Physical Therapists of A lberta must keep and maintain a record of physical therapy corporations containing the following information with respect to each physical therapy corporation: (

a) its name and registered head office address, (

b) the registration number issued to the professional corporation or physical therapy corporation, (

c) the date the annual permit was issued, and (

d) other information required by the regulations.

(2) The public may, during regular office hours, inquire about the information on the record of professional corporations and physical therapy corporations and the college must on request provide the information described in subsection (1)(

a) to (c). Cancellation of p.c., p.t. permit 111(1) Subject to subsection (2), an annual permit of a professional corporation or physical therapy corporation may be cancelled by a registrar or by the registrar of the College of Physical Therapists of A lberta if sections 101 to 110 are not complied with or the professional corporation or physical therapy corporation ceases to be in good standing under the Business Corporations Act, Companies Act or Societies Act.

(2) If a professional corporation ceases to comply with

section 106(1)(

a) and (

d) to (

f) only because of (

a) the death of a practising member, or (

b) the suspension or cancellation of a practising member who is a shareholder of the professional corporation, the professional corporation has 90 days from the date of death, suspension or cancellation in which to comply with

section 106(1)(

a) and (

d) to (f), failing which the annual permit issued to the professional corporation is cancelled on the expiration of the 90 days.

(3) If a physical therapy corporation ceases to comply with

section 106(1)(

a) or (

d) only because of (

a) the death of a practising member, or (

b) the suspension or cancellation of the registration or practice permit of a practising member 65

who is a shareholder of the physical therapy corporation, the physical therapy corporation has 90 days from the date of the death, suspension or cancellation in which to comply with

section 106(1)(

a) and (d), as modified by

section 106(3)(b), failing which the annual permit issued to the physical therapy corporation is cancelled on the expiration of the 90 days.

(4) When an annual permit issued to a professional corporation or physical therapy corporation is not applied for, expires or is cancelled the registrar or the Registrar of the College of Physical Therapists of A lberta must record in the record of professional corporations or physical therapy corporations that an annual permit was not applied for or that the annual permit expired or was cancelled.

(5) A registrar or the registrar of the College of Physical Therapists of A lberta shall not remove any information from the record of professional corporations or physical therapy corporations except in accordance with the regulations. Notification of cancelled, expired p.c., p.t. permits 112(1) When an annual permit is cancelled, a registrar or the registrar of the College of Physical Therapists of A lberta must notify the Registrar of Corporations and the practising members who are shareholders of the professional corporation or physical therapy corporation.

(2) Thirty days after the date that an annual permit expires, the registrar or the registrar of the College of Physical Therapists of A lberta must notify the Registrar of Corporations that the annual permit has expired.

(3) In addition to the information provided under subsection (1), the registrar and the registrar of the College of Physical Therapists of A lberta may provide information, in accordance with the regulations, on expired and cancelled annual permits. Regulations, By-laws Restrictions Regulations, by-laws inoperative 113 Subject to regulations under

section 124(1)(

u) to (

y) and by-laws under

section 125(1)(

h) and (i), a regulation or by-law made by a council is inoperative if it purports to regulate a matter that is regulated under sections 94 to 98, under a regulation under

section 94, under sections 100 to 112 or under

section 6 of

Schedule 21. 66

PA RT 6 OTHER MA TTERS Notices and Information Notification of conditions, suspension or cancellation 114(1) If under

Part 2 or

Part 4 a practising member’s registration or practice permit is suspended or cancelled, the registrar must (

a) enter the information on the register, (

b) provide the information to the investigated person’s employer, if any, (

c) provide the information to the regional health authority of the health region where the investigated persons normally provides professional service, (

d) provide the information to any Minister who, or an organization specified in the regulations that, administers the payment of fees for the professional services that the investigated person provides, (

e) provide the information to another college if the registrar knows that the practising member is also a member of that college, and (

f) provide the information to the governing bodies of any similar profession in other provinces.

(2) If under

Part 4 conditions are imposed on a practising member’s or student member’s practice, the registrar may, subject to the regulations, publish or distribute the information. Notices 115(1) A notice to attend and a notice to produce must include the date, time and place.

(2) The person who gives a notice to attend or a notice to produce may at any time amend the notice to correct errors or omissions of a minor or clerical nature. Record retention 116 A college must, for at least 10 years, keep (

a) complaint resolution records and a copy of ratified settlements and admissions of unprofessional conduct, (

b) records of investigations and hearings, and (

c) records of registration applications and reviews. 67

Giving notice 117 When this A ct, the regulations or the by-laws require that a document or notice be given to any person, the document or notice is sufficiently given if it is personally given to that person or sent to that person by registered mail at that person’s address last shown on the register or record of the registrar or, if that is not reasonably possible, then by publishing the document at least twice, and not more than a week apart, in a local newspaper circulating at or near the address last shown for that person in the records of the college.

Additional information 118 A registrar must, on the request of the Minister, require practising members and student members to provide the registrar with information related to their demographic status and their practice of the regulated profession, and the registrar must compile the information and release it in the form and to the persons directed by the Minister for the purpose of health workforce planning, policy development and related research, but the following shall not be included in the information: (

a) the name of any practising member or student member to whom the information relates; (

b) any information that would enable a person to identify the name of a practising member or student member to whom the information relates. Evidence Evidence of registration 119(1) A certificate purporting to be signed by the registrar that states that a named person or corporation was or was not, on a specified day or during a specified period, a practising member including the category of practising member or student member or a professional corporation or physical therapy corporation according to the records of the college under this A ct or a former A ct, is admissible in evidence as prima facie proof of those facts without proof of the registrar’s appointment or signature.

(2) When proof of registration under this A ct or a former A ct is required, (

a) a printed copy of the register or record of professional corporations or physical therapy corporations, or (

b) an extract from the register or record of professional corporations, certified by the registrar, is admissible in evidence instead of the original register. 68

(3) A certificate purporting to be signed by a person in t

Document details

Collection	Alberta — Bills
Citation	L24 S2 998
Type	bill
Volume / chapter	L24 S2 998
Language	en
Format	json
Source	PROVINCIAL
Identifier	bd504a81d720de6a3fd741c87b42eb0d865bf545

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