Bill 2228 — Publication of Adjudication Tribunal Decisions Amendment Act (50th General Assembly, 1st Session)

Bill 2228

Newfoundland and Labrador — Bills

Bill 2228 — Publication of Adjudication Tribunal Decisions Amendment Act (50th General Assembly, 1st Session)

Bill 2228

Newfoundland and Labrador — Bills

First

Session, 50th General Assembly

Elizabeth II, 2022

BILL 28

AN ACT TO AMEND

VARIOUS ACTS OF THE PROVINCE RESPECTING THE PUBLICATION OF A

SUMMARY OF A

DECISION OR ORDER OF AN ADJUDICATION TRIBUNAL

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE JOHN

HAGGIE

Minister of Health

and Community Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the following

Acts to modernize provisions regarding the mandatory publication of a

summary

of a decision or an order of an adjudication tribunal:

Chiropractors Act, 2009 ;

Dental Act, 2008 ;

Denturists Act, 2005 ;

Dietitians Act ;

Dispensing Opticians Act, 2005 ;

Health Professions Act ;

Hearing Aid Practitioners Act ;

Licensed Practical Nurses Act, 2005 ;

Massage Therapy Act, 2005 ;

Medical Act, 2011 ;

Occupational Therapists Act, 2005 ;

Optometry Act, 2012 ;

Pharmacy Act, 2012 ;

Physiotherapy Act, 2006 ;

Psychologists Act, 2005 ;

Registered Nurses Act, 2008 ; and

Social Workers Act .

A BILL

AN ACT TO AMEND VARIOUS ACTS OF THE

PROVINCE RESPECTING THE PUBLICATION OF A

SUMMARY OF A DECISION OR ORDER OF AN

ADJUDICATION TRIBUNAL

Analysis

Short title

CHIROPRACTORS

ACT, 2009

S.28 Amdt.

Guilty plea by respondent

S.29 Amdt.

Powers of adjudication tribunal

S.30 R&S

Filing and publication of decisions

DENTAL

ACT, 2008

S.34 Amdt.

Guilty plea by respondent

S.35 Amdt.

Powers of adjudication tribunal

S.36 R&S

Filing and publication of decisions

DENTURISTS

ACT, 2005

S.20 Amdt.

Guilty plea by respondent

S.21 Amdt.

Powers of adjudication tribunal

S.22 R&S

Filing and publication of decisions

DIETITIANS

ACT

S.28 Amdt.

Guilty plea by respondent

S.29 Amdt.

Powers of adjudication tribunal

S.30 R&S

Filing and publication of decisions

DISPENSING

OPTICIANS ACT, 2005

S.20 Amdt.

Guilty plea by respondent

S.21 Amdt.

Powers of adjudication tribunal

S.22 R&S

Filing and publication of decisions

HEALTH

PROFESSIONS ACT

S.42 Amdt.

Guilty plea by respondent

S.43 Amdt.

Powers of adjudication tribunal

S.44 R&S

Filing and publication of decisions

HEARING

AID PRACTITIONERS ACT

S.19 Amdt.

Guilty plea by respondent

S.20 Amdt.

Powers of adjudication tribunal

S.21 R&S

Filing and publication of decisions

LICENSED

PRACTICAL NURSES ACT, 2005

S.20 Amdt.

Guilty plea by respondent

S.21 Amdt.

Powers of adjudication tribunal

S.22 R&S

Filing and publication of decisions

MASSAGE

THERAPY ACT, 2005

S.20 Amdt.

Guilty plea by respondent

S.21 Amdt.

Powers of adjudication tribunal

S.22 R&S

Filing and publication of decisions

MEDICAL

ACT, 2011

S.48 Amdt.

Guilty plea by respondent

S.49 Amdt.

Powers of adjudication tribunal

S.50 R&S

Filing and publication of decisions

OCCUPATIONAL

THERAPISTS ACT, 2005

S.20 Amdt.

Guilty plea by respondent

S.21 Amdt.

Powers of adjudication tribunal

S.22 R&S

Filing and publication of decisions

OPTOMETRY

ACT, 2012

S.34 Amdt.

Guilty plea by respondent

S.35 Amdt.

Powers of adjudication tribunal

S.36 R&S

Filing and publication of decisions

PHARMACY

ACT, 2012

S.43 Amdt.

Guilty plea by respondent

S.44 Amdt.

Powers of adjudication tribunal

S.45 R&S

Filing and publication of decisions

PHYSIOTHERAPY

ACT, 2006

S.23 Amdt.

Guilty plea by respondent

S.24 Amdt.

Powers of adjudication tribunal

S.25 R&S

Filing and publication of decisions

PSYCHOLOGISTS

ACT, 2005

S.22 Amdt.

Guilty plea by respondent

S.23 Amdt.

Powers of adjudication tribunal

S.24 R&S

Filing and publication of decisions

REGISTERED

NURSES ACT, 2008

S.27 Amdt.

Guilty plea by respondent

S.28 Amdt.

Powers of adjudication tribunal

S.29 R&S

Filing and publication of decisions

SOCIAL

WORKERS ACT

S.31 Amdt.

Guilty plea by respondent

S.32 Amdt.

Powers of adjudication tribunal

S.33 R&S

Filing and publication of decisions

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Publication of

Adjudication Tribunal Decisions Amendment Act.

CHIROPRACTORS ACT, 2009

SNL2009 cC-14.01

as amended

2. Paragraph 28(2)(

f) of the Chiropractors Act, 2009 is amended by

deleting the reference "subsection 30(4)" and substituting the

reference "subsection 30(7)".

3. Paragraph 29(3)(

f) of the Act is amended by deleting the reference

"subsection 30(4)" and substituting the reference "subsection

30(7)".

(1) Section

30 of the Act is repealed and the following substituted:

Filing and

publication of decisions

(1) An adjudication tribunal shall file a decision

or order made under subsection 28(2) or 29(3) with the registrar and provide a

copy to the complainant, the respondent and the respondent's employer.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 10 years after

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

view the disciplinary records in relation to a respondent permit a person to view

the

summary prepared in accordance with subsection (7).

(3) The registrar shall publish a

summary of a decision

or order of an adjudication tribunal within 14 days of the expiry of the appeal

period provided in

section 36, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the surrender of the respondent's

licence;

(

c) restricts the respondents practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) Where the registrar is required to publish a

summary of a decision or order under subsection (3), the registrar shall

(

a) publish the

summary of the decision or order on

the board's website; or

(

b) where the board does not have a website, provide

the

summary or order to the Department of Health and Community Services for

publication on its website.

(5) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar shall

(

a) advise at least 2 media outlets in or nearest

to the community in which the respondent practises that a

summary of the

decision or order has been published; and

(

b) arrange that a

summary of the decision or

order be kept on the website

(

i) for a

period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of

suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar may also publish

a

summary of the decision or order in the boards annual report or another

publication approved by the board.

(7) Unless a court

orders otherwise, the

summary of the decision or order published under this

section shall include

(

a) the name of the respondent and the address

where the respondent practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, where requested

by the complainant;

(

d) the contents of the decision or order in

relation to the actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(8) Where a decision or order, the

summary of

which is published under this section, is varied or set aside, the registrar

shall within 14 days of the filing of the subsequent decision or order publish

a

summary of the decision or order and subsections (3) to (7) apply, with the

necessary changes.

(9) The registrar may give notice of the decision

or order and information respecting the decision or order to the other persons

the board may direct and shall include a

summary of the decision or order in a

certificate of good standing issued in relation to the respondent.

(10) Nothing in this

section prohibits the

registrar from publishing a decision or order of an adjudication tribunal,

including publishing it in a database or repository for adjudication decisions

approved by the minister, provided that the name and any identifying

information of the complainant or witnesses is not published unless the

complainant or witness requests that it be published.

DENTAL ACT, 2008

SNL2008 cD-6.1

as amended

5. Paragraph 34(2)(

f) of the Dental Act, 2008 is amended by deleting

the reference "subsection 36(4)" and substituting the reference

"subsection 36(7)".

6. Paragraph 35(3)(

f) of the Act is amended by deleting the reference

"subsection 36(4)" and substituting the reference "subsection

36(7)".

Section 36 of the Act is repealed and the

following substituted:

Filing and

publication of decisions

(1) An adjudication tribunal shall file a decision

or order made under subsection 34(2) or 35(3) with the registrar and provide a

copy to the complainant, the respondent, the respondent's employer and the

minister.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 10 years after

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

view the disciplinary records in relation to a respondent permit a person to view

the

summary prepared in accordance with subsection (7).

(3) The registrar shall publish a

summary of

a decision or order of an adjudication tribunal within 14 days of the expiry of

the appeal period provided in

section 42 where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the surrender of the respondent's

licence;

(

c) restricts the respondents practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) Where the registrar is required to publish a

summary of a decision or order under subsection (3), the registrar shall

(

a) publish the

summary of the decision or order

on the board's website; or

(

b) where the board does not have a website,

provide the

summary or order to the Department of Health and Community Services

for publication on its website.

(5) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar shall

(

a) advise at least 2 media outlets in or nearest

to the community in which the respondent practises that a

summary of the

decision or order has been published; and

(

b) arrange that a

summary of the decision or

order be kept on the website

(

i) for a

period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of

suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar may also publish

a

summary of the decision or order in the boards annual report or another

publication approved by the board.

(7) Unless a court orders otherwise, the

summary

of the decision or order published under this

section shall include

(

a) the name of the respondent and the address

where the respondent practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, where requested

by the complainant;

(

d) the contents of the decision or order in

relation to the actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(8) Where a decision or order, the

summary of

which is published under this section, is varied or set aside, the registrar

shall within 14 days of the filing of the subsequent decision or order publish

a

summary of the decision or order and subsections (3) to (7) apply, with the

necessary changes.

(9) The registrar may give notice of the decision

or order and information respecting the decision or order to the other persons

the board may direct and shall include a

summary of the decision or order in a

certificate of good standing issued in relation to the respondent.

(10) Nothing in this

section prohibits the

registrar from publishing a decision or order of an adjudication tribunal,

including publishing it in a database or repository for adjudication decisions

approved by the minister, provided that the name and any identifying

information of the complainant or witnesses is not published unless the

complainant or witness requests that it be published.

DENTURISTS ACT, 2005

SNL2005 cD-7.1

as amended

8. Paragraph 20(2)(

f) of the Denturists Act, 2005 is amended by

deleting the reference "subsection 22(4)" and substituting the

reference "subsection 22(7)".

9. Paragraph 21(3)(

f) of the Act is amended by

deleting the reference "subsection 22(4)" and substituting the

reference "subsection 22(7)".

Section 22 of the Act is repealed and the following substituted:

Filing and

publication of decisions

(1) An adjudication tribunal shall file a decision

or order made under subsection 20(2) or 21(3) with the registrar and provide a

copy to the complainant, the respondent and the respondent's employer.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 10 years after

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

view the disciplinary records in relation to a respondent permit a person to view

the

summary prepared in accordance with subsection (7).

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal within 14 days of the expiry of

the appeal period provided in

section 28, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the surrender of the respondent's

licence;

(

c) restricts the respondents practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) Where the registrar is required to publish a

summary of a decision or order under subsection (3), the registrar shall

(

a) publish the

summary of the decision or order

on the board's website; or

(

b) where the board does not have a website,

provide the

summary or order to the Department of Health and Community Services

for publication on its website.

(5) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar shall

(

a) advise at least 2 media outlets in or nearest

to the community in which the respondent practises that a

summary of the decision

or order has been published; and

(

b) arrange that a

summary of the decision or

order be kept on the website

(

i) for a

period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of

suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar may also publish

a

summary of the decision or order in the boards annual report or another

publication approved by the board.

(7) Unless a court orders otherwise, the

summary

of the decision or order published under this

section shall include

(

a) the name of the respondent and the address

where the respondent practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, where requested

by the complainant;

(

d) the contents of the decision or order in

relation to the actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(8) Where a decision or order, the

summary of

which is published under this section, is varied or set aside, the registrar

shall within 14 days of the filing of the subsequent decision or order publish

a

summary of the decision or order and subsections (3) to (7) apply, with the

necessary changes.

(9) The registrar may give notice of the decision

or order and information respecting the decision or order to the other persons

the board may direct and shall include a

summary of the decision or order in a

certificate of good standing issued in relation to the respondent.

(10) Nothing in this

section prohibits the

registrar from publishing a decision or order of an adjudication tribunal,

including publishing it in a database or repository for adjudication decisions

approved by the minister, provided that the name and any identifying

information of the complainant or witnesses is not published unless the

complainant or witness requests that it be published.

DIETITIANS

ACT

SNL2005 cD-23.1

as amended

11. Paragraph 28(2)(

f) of the Dietitians Act is amended by deleting

the reference "subsection 30(4)" and substituting the reference

"subsection 30(7)".

12. Paragraph 29(3)(

f) of the Act is amended by deleting the reference

"subsection 30(4)" and substituting the reference "subsection

30(7)".

Section 30 of the Act is repealed and the

following substituted:

Filing and

publication of decisions

(1) An adjudication tribunal shall file a decision

or order made under subsection 28(2) or 29(3) with the registrar and provide a

copy to the complainant, the respondent and the respondent's employer.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 10 years after

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

view the disciplinary records in relation to a respondent permit a person to view

the

summary prepared in accordance with subsection (7).

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal within 14 days of the expiry of

the appeal period provided in

section 35, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the surrender of the respondent's

registration;

(

c) restricts the respondents practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or order

be published.

(4) Where the registrar is required to publish a

summary of a decision or order under subsection (3), the registrar shall

(

a) publish the

summary of the decision or order

on the college's website; or

(

b) where the college does not have a website,

provide the

summary or order to the Department of Health and Community Services

for publication on its website.

(5) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar shall

(

a) advise at least 2 media outlets in or nearest

to the community in which the respondent practises that a

summary of the

decision or order has been published; and

(

b) arrange that a

summary of the decision or

order be kept on the website

(

i) for a

period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of

suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar may also publish

a

summary of the decision or order in the colleges annual report or another

publication approved by the college.

(7) Unless a court orders otherwise, the

summary of

the decision or order published under this

section shall include

(

a) the name of the respondent and the address

where the respondent practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, where requested

by the complainant;

(

d) the contents of the decision or order in

relation to the actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(8) Where a decision or order, the

summary of

which is published under this section, is varied or set aside, the registrar

shall within 14 days of the filing of the subsequent decision or order publish

a

summary of the decision or order and subsections (3) to (7) apply, with the

necessary changes.

(9) The registrar may give notice of the decision

or order and information respecting the decision or order to the other persons

the college may direct and shall include a

summary of the decision or order in

a certificate of good standing issued in relation to the respondent.

(10) Nothing in this

section prohibits the

registrar from publishing a decision or order of an adjudication tribunal,

including publishing it in a database or repository for adjudication decisions

approved by the minister, provided that the name and any identifying

information of the complainant or witnesses is not published unless the

complainant or witness requests that it be published.

DISPENSING OPTICIANS ACT, 2005

SNL2005 c.D-25.1

as amended

14. Paragraph 20(2)(

f) of the Dispensing Opticians Act, 2005 is

amended by deleting the reference "subsection 22(4)" and substituting

the reference "subsection 22(7)".

15. Paragraph 21(3)(

f) of the Act is amended by deleting the reference

"subsection 22(4)" and substituting the reference "subsection 22(7)".

Section 22 of the Act is repealed and the

following substituted:

Filing and

publication of decisions

(1) An adjudication tribunal shall file a decision

or order made under subsection 20(2) or 21(3) with the registrar and provide a

copy to the complainant, the respondent and the respondent's employer.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 10 years after

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

view the disciplinary records in relation to a respondent permit a person to view

the

summary prepared in accordance with subsection (7).

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal within 14 days of the expiry of

the appeal period provided in

section 28, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the surrender of the respondent's

licence;

(

c) restricts the respondents practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) Where the registrar is required to publish a

summary of a decision or order under subsection (3), the registrar shall

(

a) publish the

summary of the decision or order

on the board's website; or

(

b) where the board does not have a website,

provide the

summary or order to the Department of Health and Community Services

for publication on its website.

(5) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar shall

(

a) advise at least 2 media in or nearest to the

community in which the respondent practises that a

summary of the decision or

order has been published; and

(

b) arrange that a

summary of the decision or

order be kept on the website

(

i) for a

period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of

suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar may also publish

a

summary of the decision or order in the boards annual report or another

publication approved by the board.

(7) Unless a court orders otherwise, the

summary

of the decision or order published under this

section shall include

(

a) the name of the respondent and the address

where the respondent practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, where requested

by the complainant;

(

d) the contents of the decision or order in relation

to the actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(8) Where a decision or order, the

summary of

which is published under this section, is varied or set aside, the registrar

shall within 14 days of the filing of the subsequent decision or order publish

a

summary of the decision or order and subsections (3) to (7) apply, with the

necessary changes.

(9) The registrar may give notice of the decision

or order and information respecting the decision or order to the other persons

the board may direct and shall include a

summary of the decision or order in a

certificate of good standing issued in relation to the respondent.

(10) Nothing in this

section prohibits the registrar

from publishing a decision or order of an adjudication tribunal, including

publishing it in a database or repository for adjudication decisions approved

by the minister, provided that the name and any identifying information of the

complainant or witnesses is not published unless the complainant or witness

requests that it be published.

HEALTH PROFESSIONS ACT

SNL2010 cH-1.02

as amended

17. Paragraph

42(2)(

f) of the Health Professions Act is

amended by deleting the reference "subsection 44(4)" and substituting

the reference "subsection 44(7)".

18. Paragraph 43(3)(

f) of the Act is amended by deleting the reference

"subsection 44(4)" and substituting the reference "subsection

44(7)".

Section 44 of the Act is repealed and the

following substituted:

Filing and

publication of decisions

(1) An

adjudication tribunal shall file a decision or order made under subsection

42(2) or 43(3) and its reasons with the registrar and provide a copy to the

complainant, the respondent and the respondent's employer.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 10 years after

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

view the disciplinary records in relation to a respondent permit a person to view

the

summary prepared in accordance with subsection (7).

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal within 14 days of the expiry of

the appeal period in

section 50, where the decision or order

(

a) suspends the

respondent;

(

b) allows or directs the surrender of the respondent's

registration;

(

c) restricts the respondents practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) Where the registrar is required to publish a

summary of a decision or order under subsection (3), the registrar shall

(

a) publish the

summary of the decision or order

on the council's website; or

(

b) where the council does not have a website,

provide the

summary or order to the Department of Health and Community Services

for publication on its website.

(5) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar shall

(

a) advise at least 2 media in or nearest to the

community in which the respondent practises that a

summary of the decision or order

has been published; and

(

b) arrange that a

summary of the decision or

order be kept on the website

(

i) for a

period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of

suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar may also publish

a

summary of the decision or order in the councils annual report or another

publication approved by the council.

(7) Unless a court orders otherwise, the

summary

of the decision or order published under this

section shall include

(

a) the name of the respondent and the address

where the respondent practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, where requested

by the complainant;

(

d) the contents of the decision or order in

relation to the actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(8) Where a decision or order, the

summary of

which is published under this section, is varied or set aside, the registrar

shall within 14 days of the filing of the subsequent decision or order publish

a

summary of the decision or order and subsections (3) to (7) apply, with the

necessary changes.

(9) The registrar may give notice of the decision

or order and information respecting the decision or order to the other persons

the council may direct and shall include a

summary of the decision or order in

a certificate of good standing issued in relation to the respondent.

(10) Nothing in this

section prohibits the

registrar from publishing a decision or order of an adjudication tribunal,

including publishing it in a database or repository for adjudication decisions

approved by the minister, provided that the name and any identifying

information of the complainant or witnesses is not published unless the

complainant or witness requests that it be published.

HEARING AID PRACTITIONERS ACT

SNL2005 cH-2.01

as amended

20. Paragraph 19(2)(

f) of the Hearing Aid Practitioners Act is amended

by deleting the reference "subsection 21(4)" and substituting the

reference "subsection 21(7)".

21. Paragraph 20(3)(

f) of the Act is amended by deleting the reference

"subsection 21(4)" and substituting the reference "subsection

21(7)".

Section 21 of the Act is repealed and the

following substituted:

Filing and

publication of decisions

(1) An

adjudication tribunal shall file a decision or order made under subsection

19(2) or 20(3) with the registrar and provide a copy to the complainant, the

respondent and the respondent's employer.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 10 years after

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

view the disciplinary records in relation to a respondent permit a person to view

the

summary prepared in accordance with subsection (7).

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal within 14 days of the expiry of

the appeal period provided in

section 27, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the surrender of the respondent's

licence;

(

c) restricts the respondents practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) Where the registrar is required to publish a

summary of a decision or order under subsection (3), the registrar shall

(

a) publish the

summary of the decision or order

on the board's website; or

(

b) where the board does not have a website,

provide the

summary or order to the Department of Health and Community Services

for publication on its website.

(5) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar shall

(

a) advise at least 2 media outlets in or nearest

to the community in which the respondent practises that a

summary of the

decision or order has been published; and

(

b) arrange that a

summary of the decision or

order be kept on the website

(

i) for a

period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of

suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar may also

publish a

summary of the decision or order in the boards annual report or

another publication approved by the board.

(7) Unless a court orders otherwise, the

summary

of the decision or order published under this

section shall include

(

a) the name of the respondent and the address

where the respondent practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, where requested

by the complainant;

(

d) the contents of the decision

or order in relation to the actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(8) Where a decision or order, the

summary of

which is published under this section, is varied or set aside, the registrar

shall within 14 days of the filing of the subsequent decision or order publish

a

summary of the decision or order and subsections (3) to (7) apply, with the

necessary changes.

(9) The registrar may give notice of the decision

or order and information respecting the decision or order to the other persons

the board may direct and shall include a

summary of the decision or order in a

certificate of good standing issued in relation to the respondent.

(10) Nothing in this

section prohibits the

registrar from publishing a decision or order of an adjudication tribunal,

including publishing it in a database or repository for adjudication decisions

approved by the minister, provided that the name and any identifying

information of the complainant or witnesses is not published unless the complainant

or witness requests that it be published.

LICENSED PRACTICAL NURSES ACT, 2005

SNL2005 cL-12.1

as amended

23. Paragraph 20(2)(

f) of the Licensed Practical Nurses Act, 2005 is

amended by deleting the reference "subsection 22(4)" and substituting

the reference "subsection 22(7)".

24. Paragraph 21(3)(

f) of the Act is amended by deleting the reference

"subsection 22(4)" and substituting the reference "subsection

22(7)".

Section 22 of the Act is repealed and the

following substituted:

Filing and

publication of decisions

(1) An adjudication tribunal shall file a decision

or order made under subsection 20(2) or 21(3) with the registrar and provide a

copy to the complainant, the respondent and the respondent's employer.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 10 years after

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

view the disciplinary records in relation to a respondent permit a person to view

the

summary prepared in accordance with subsection (7).

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal within 14 days of the expiry of

the appeal period provided in

section 28, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the surrender of the respondent's

licence;

(

c) restricts the respondents practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) Where the registrar is required to publish a

summary of a decision or order under subsection (3), the registrar shall

(

a) publish the

summary of the decision or order

on the college's website; or

(

b) where the college does not have a website,

provide the

summary or order to the Department of Health and Community Services

for publication on its website.

(5) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar shall

(

a) advise at least 2 media outlets in or nearest

to the community in which the respondent practises that a

summary of the

decision or order has been published; and

(

b) arrange that a

summary of the decision or

order be kept on the website

(

i) for a

period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of

suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar may also publish

a

summary of the decision or order in the colleges annual report or another

publication approved by the college.

(7) Unless a court orders otherwise, the

summary

of the decision or order published under this

section shall include

(

a) the name of the respondent and the address

where the respondent practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, where requested

by the complainant;

(

d) the contents of the decision or order in

relation to the actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(8) Where a decision or order, the

summary of

which is published under this section, is varied or set aside, the registrar

shall within 14 days of the filing of the subsequent decision or order publish

a

summary of the decision or order and subsections (3) to (7) apply, with the

necessary changes.

(9) The registrar may give notice of the decision

or order and information respecting the decision or order to the other persons

the college may direct and shall include a

summary of the decision or order in

a certificate of good standing issued in relation to the respondent.

(10) Nothing in this

section prohibits the

registrar from publishing a decision or order of an adjudication tribunal,

including publishing it in a database or repository for adjudication decisions

approved by the minister, provided that the name and any identifying

information of the complainant or witnesses is not published unless the

complainant or witness requests that it be published.

MASSAGE THERAPY ACT, 2005

SNL2005 cM-1.2

as amended

26. Paragraph 20(2)(

e) of the Massage Therapy Act, 2005 is amended by

deleting the reference "subsection 22(4)" and substituting the

reference "subsection 22(7)".

27. Paragraph 21(3)(

e) of the Act is amended by deleting the reference

"subsection 22(4)" and substituting the reference "subsection

22(7)".

Section 22 of the Act is repealed and the

following substituted:

Filing and

publication of decisions

(1) An adjudication tribunal shall file a decision

or order made under subsection 20(2) or 21(3) with the registrar and provide a

copy to the complainant, the respondent and the respondent's employer.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 10 years after

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

view the disciplinary records in relation to a respondent permit a person to view

the

summary prepared in accordance with subsection (7).

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal within 14 days of the expiry of

the appeal period provided in

section 28, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the surrender of the respondent's

licence;

(

c) restricts the respondents practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) Where the registrar is required to publish a

summary of a decision or order under subsection (3), the registrar shall

(

a) publish the

summary of the decision or order

on the college's website; or

(

b) where the college does not have a website,

provide the

summary or order to the Department of Health and Community Services

for publication on its website.

(5) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar shall

(

a) advise at least 2 media outlets in or nearest

to the community in which the respondent practises that a

summary of the

decision or order has been published; and

(

b) arrange that a

summary of the decision or

order be kept on the website

(

i) for a

period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar may also

publish a

summary of the decision or order in the colleges annual report or

another publication approved by the college.

(7) Unless a court orders otherwise, the

summary

of the decision or order published under this

section shall include

(

a) the name of the respondent and the address

where the respondent practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, where requested

by the complainant;

(

d) the contents of the decision or order in

relation to the actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(8) Where a decision or order, the

summary of

which is published under this section, is varied or set aside, the registrar

shall within 14 days of the filing of the subsequent decision or order publish

a

summary of the decision or order and subsections (3) to (7) apply, with the

necessary changes.

(9) The registrar may give notice of the decision

or order and information respecting the decision or order to the other persons

the college may direct and shall include a

summary of the decision or order in

a certificate of good standing issued in relation to the respondent.

(10) Nothing in this

section prohibits the

registrar from publishing a decision or order of an adjudication tribunal,

including publishing it in a database or repository for adjudication decisions

approved by the minister, provided that the name and any identifying

information of the complainant or witnesses is not published unless the complainant

or witness requests that it be published.

MEDICAL ACT, 2011

SNL2011 cM-4.02

as amended

29. Paragraph 48(2)(

f) of the Medical Act, 2011 is amended by deleting

the reference "subsection 50(4)" and substituting the reference

"subsection 50(7)".

30. Paragraph 49(3)(

f) of the Act is amended by deleting the reference

"subsection 50(4)" and substituting the reference "subsection

50(7)".

Section 50 of the Act is repealed and the

following substituted:

Filing and

publication of decisions

(1) An adjudication tribunal shall file a decision

or order made under subsection 48(2) or 49(3) with the registrar and provide a

copy to the complainant, respondent, respondent's employer, respondent's sponsor

and minister.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 10 years after

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

view the disciplinary records in relation to a respondent permit a person to view

the

summary prepared in accordance with subsection (7).

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal within 14 days of the expiry of

the appeal period under

section 56, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the surrender of the respondent's

licence;

(

c) restricts the respondents practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) Where the registrar is required to publish a

summary of a decision or order under subsection (3), the registrar shall

(

a) publish the

summary of the decision or order

on the council's website; or

(

b) where the council does not have a website, provide

the

summary or order to the Department of Health and Community Services for

publication on its website.

(5) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar shall

(

a) advise at least 2 media outlets in or nearest

to the community in which the respondent practises that a

summary of the

decision or order has been published; and

(

b) arrange that a

summary of the decision or

order be kept on the website

(

i) for a

period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of

suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar may also publish

a

summary of the decision or order in the councils annual report or another

publication approved by the council.

(7) Unless a court orders otherwise, the

summary

of the decision or order published under this

section shall include

(

a) the name of the respondent and the address

where the respondent practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, where requested

by the complainant;

(

d) the contents of the decision or order in

relation to the actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(8) Where a decision or order, the

summary of

which is published under this section, is varied or set aside, the registrar

shall within 14 days of the filing of the subsequent decision or order publish

a

summary of the decision or order and subsections (3) to (7) apply, with the

necessary changes.

(9) The registrar may give notice of the decision

or order and information respecting the decision or order to the other persons

the council may direct and shall include a

summary of the decision or order in

a certificate of good standing issued in relation to the respondent.

(10) Nothing in this

section prohibits the

registrar from publishing a decision or order of an adjudication tribunal,

including publishing it in a database or repository for adjudication decisions

approved by the minister, provided that the name and any identifying

information of the complainant or witnesses is not published unless the

complainant or witness requests that it be published.

OCCUPATIONAL THERAPISTS ACT, 2005

SNL2005 cO-4.1

as amended

32. Paragraph 20(2)(

f) of the Occupational Therapists Act, 2005 is

amended by deleting the reference "subsection 22(4)" and substituting

the reference "subsection 22(7)".

33. Paragraph 21(3)(

f) of the Act is amended by deleting the reference

"subsection 22(4)" and substituting the reference "subsection

22(7)".

Section 22 of the Act is repealed and the

following substituted:

Filing and

publication of decisions

(1) An adjudication tribunal shall file a decision

or order made under subsection 20(2) or 21(3) with the chairperson and provide

a copy to the complainant, the respondent and the respondent's employer.

(2) The chairperson shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 10 years after

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

view the disciplinary records in relation to a respondent permit a person to view

the

summary prepared in accordance with subsection (7).

(3) The chairperson shall publish a

summary of a

decision or order of an adjudication tribunal within 14 days of the expiry of

the appeal period provided in

section 28, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the surrender of the respondent's

licence;

(

c) restricts the respondents practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) Where the chairperson is required to publish a

summary of a decision or order under subsection (3), the chairperson shall

(

a) publish the

summary of the decision or order

on the board's website; or

(

b) where the board does not have a website,

provide the

summary or order to the Department of Health and Community Services

for publication on its website.

(5) Where the chairperson publishes a

summary of a

decision or order in accordance with subsection (4), the chairperson shall

(

a) advise at least 2 media outlets in or nearest

to the community in which the respondent practises that a

summary of the

decision or order has been published; and

(

b) arrange that a

summary of the decision or

order be kept on the website

(

i) for a

period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of

suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where the chairperson publishes a

summary of a

decision or order in accordance with subsection (4), the chairperson may also

publish a

summary of the decision or order in the boards annual report or

another publication approved by the board.

(7) Unless a court orders otherwise, the

summary

of the decision or order published under this

section shall include

(

a) the name of the respondent and the address

where the respondent practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, where requested

by the complainant;

(

d) the contents of the decision or order in

relation to the actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(8) Where a decision or order, the

summary of

which is published under this section, is varied or set aside, the chairperson

shall within 14 days of the filing of the subsequent decision or order publish

a

summary of the decision or order and subsections (3) to (7) apply, with the

necessary changes.

(9) The chairperson may give notice of the

decision or order and information respecting the decision or order to the other

persons the board may direct and shall include a

summary of the decision or

order in a certificate of good standing issued in relation to the respondent.

(10) Nothing in this

section prohibits the chairperson

from publishing a decision or order of an adjudication tribunal, including

publishing it in a database or repository for adjudication decisions approved

by the minister, provided that the name and any identifying information of the

complainant or witnesses is not published unless the complainant or witness

requests that it be published.

OPTOMETRY ACT, 2012

SNL2012 cO-7.02

as amended

35. Paragraph 34(2)(

f) of the Optometry Act, 2012 is amended by

deleting the reference "subsection 36(4)" and substituting the

reference "subsection 36(7)".

36. Paragraph 35(3)(

f) of the Act is amended by deleting the reference

"subsection 36(4)" and substituting the reference "subsection

36(7)".

Section 36 of the Act is repealed and the

following substituted:

Filing and

publication of decisions

(1) An

adjudication tribunal shall file a decision or order made under subsection

34(2) or 35(3) with the registrar and provide a copy to the complainant, the respondent

and the respondent's employer.

(2) The registrar shall maintain a copy of a decision

or order filed under subsection (1) for a minimum of 10 years after the day the

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

disciplinary records in relation to a respondent permit a person to view the

summary prepared in accordance with subsection (7).

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal within 14 days of the expiry of

the appeal period provided in

section 42, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the surrender of the respondent's

licence;

(

c) restricts the respondents practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) Where the registrar is required to publish a

summary of a decision or order under subsection (3), the registrar shall

(

a) publish the

summary of the decision or order

on the college's website; or

(

b) where the college does not have a website,

provide the

summary or order to the Department of Health and Community Services

for publication on its website.

(5) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar shall

(

a) advise at least 2 media outlets in or nearest

to the community in which the respondent practises that a

summary of the

decision or order has been published; and

(

b) arrange that a

summary of the decision or

order be kept on the website

(

i) for a

period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of

suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar may also publish

a

summary of the decision or order in the colleges annual report or another

publication approved by the council.

(7) Unless a court orders otherwise, the

summary

of the decision or order published under this

section shall include

(

a) the name of the respondent and the address

where the respondent practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, where requested

by the complainant;

(

d) the contents of the decision or order in

relation to the actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(8) Where a decision or order, the

summary of

which is published under this section, is varied or set aside, the registrar

shall within 14 days of the filing of the subsequent decision or order publish

a

summary of the decision or order and subsections (3) to (7) apply, with the

necessary changes.

(9) The registrar may give notice of the decision

or order and information respecting the decision or order to the other persons

the council may direct and shall include a

summary of the decision or order in

a certificate of good standing issued in relation to the respondent.

(10) Nothing in this

section prohibits the

registrar from publishing a decision or order of an adjudication tribunal,

including publishing it in a database or repository for adjudication decisions

approved by the minister, provided that the name and any identifying

information of the complainant or witnesses is not published unless the

complainant or witness requests that it be published.

PHARMACY ACT, 2012

SNL2012 cP-12.2

as amended

38. Paragraph 43(2)(

f) of the Pharmacy Act, 2012 is amended by

deleting the reference "subsection 45(4)" and substituting the

reference "subsection 45(7)".

39. Paragraph 44(3)(

f) of the Act is amended by deleting the reference

"subsection 45(4)" and substituting the reference "subsection

45(7)".

Section 45 of the Act is repealed and the

following substituted:

Filing and

publication of decisions

(1) An adjudication tribunal shall file a decision or order made under subsection

43(2) or 44(3) with the registrar and provide a copy to the complainant, the

respondent, the respondent's employer and the minister.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 10 years after

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

view the disciplinary records in relation to a respondent permit a person to view

the

summary prepared in accordance with subsection (7).

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal within 14 days of the expiry of

the appeal period provided in

section 51, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the surrender of the respondent's

licence;

(

c) restricts the respondents practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) Where the registrar is required to publish a

summary of a decision or order under subsection (3), the registrar shall

(

a) publish the

summary of the decision or order

on the board's website; or

(

b) where the board does not have a website,

provide the

summary or order to the Department of Health and Community Services

for publication on its website.

(5) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar shall

(

a) advise at least 2 media outlets in or nearest

to the community in which the respondent practises that a

summary of the

decision or order has been published; and

(

b) arrange that a

summary of the decision or

order be kept on the website

(

i) for a

period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of

suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar may also publish

a

summary of the decision or order in the boards annual report or another

publication approved by the board.

(7) Unless a court orders otherwise, the

summary

of the decision or order published under this

section shall include

(

a) the name of the respondent and the address

where the respondent practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, where requested

by the complainant;

(

d) the contents of the decision or order in

relation to the actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(8) Where a decision or order, the

summary of

which is published under this section, is varied or set aside, the registrar

shall within 14 days of the filing of the subsequent decision or order publish

a

summary of the decision or order and subsections (3) to (7) apply, with the

necessary changes.

(9) The registrar may give notice of the decision

or order and information respecting the decision or order to the other persons

the board may direct and shall include a

summary of the decision or order in a

certificate of good standing issued in relation to the respondent.

(10) Nothing in this

section prohibits the

registrar from publishing a decision or order of an adjudication tribunal,

including publishing it in a database or repository for adjudication decisions

approved by the minister, provided that the name and any identifying

information of the complainant or witnesses is not published unless the

complainant or witness requests that it be published.

PHYSIOTHERAPY ACT, 2006

SNL2006 cP-13.1

as amended

41. Paragraph 23(2)(

f) of the Physiotherapy Act, 2006 is amended by

deleting the reference "subsection 25(4)" and substituting the

reference "subsection 25(7)".

42. Paragraph 24(3)(

f) of the Act is amended by deleting the reference

"subsection 25(4)" and substituting the reference "subsection

25(7)".

Section 25 of the Act is repealed and the

following substituted:

Filing and

publication of decisions

(1) An adjudication tribunal shall

file a decision or order made under subsection 23(2) or 24(3) with the

registrar and provide a copy to the complainant, respondent, respondent's

employer and respondent's sponsor.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 10 years after

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

view the disciplinary records in relation to a respondent permit a person to view

the

summary prepared in accordance with subsection (7).

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal within 14 days of the expiry of

the appeal period provided in

section 31, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the surrender of the respondent's

certificate of registration;

(

c) restricts the respondents practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) Where the registrar is required to publish a

summary of a decision or order under subsection (3), the registrar shall

(

a) publish the

summary of the decision or order

on the council's website; or

(

b) where the council does not have a website,

provide the

summary or order to the Department of Health and Community Services

for publication on its website.

(5) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar shall

(

a) advise at least 2 media outlets in or nearest

to the community in which the respondent practises that a

summary of the

decision or order has been published; and

(

b) arrange that a

summary of the decision or

order be kept on the website

(

i) for a

period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of

suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar may also publish

a

summary of the decision or order in the council's annual report or another

publication approved by the council.

(7) Unless a court orders otherwise, the

summary

of the decision or order published under this

section shall include

(

a) the name of the respondent and the address

where the respondent practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, where requested

by the complainant;

(

d) the contents of the decision or order in

relation to the actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(8) Where a decision or order, the

summary of

which is published under this section, is varied or set aside, the registrar

shall within 14 days of the filing of the subsequent decision or order publish

a

summary of the decision or order and subsections (3) to (7) apply, with the

necessary changes.

(9) The registrar may give notice of the decision

or order and information respecting the decision or order to the other persons

the council may direct and shall include a

summary of the decision or order in

a certificate of good standing issued in relation to the respondent.

(10) Nothing in this

section prohibits the

registrar from publishing a decision or order of an adjudication tribunal,

including publishing it in a database or repository for adjudication decisions

approved by the minister, provided that the name and any identifying

information of the complainant or witnesses is not published unless the

complainant or witness requests that it be published.

PSYCHOLOGISTS ACT, 2005

SNL2005 cP-34.1

as amended

44. Paragraph 22(2)(

f) of the Psychologists Act, 2005 is amended by

deleting the reference "subsection 24(4)" and substituting the

reference "subsection 24(7)".

45. Paragraph 23(3)(

f) of the Act is amended by deleting the reference

"subsection 24(4)" and substituting the reference "subsection 24(7)".

Section 24 of the Act is repealed and the

following substituted:

Filing and

publication of decisions

(1) An

adjudication tribunal shall file a decision or order made under subsection

22(2) or 23(3) with the registrar and provide a copy to the complainant, the respondent,

the respondent's employer, if applicable, and the respondent's provisional

registration professional experience supervisor, if applicable.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 10 years after

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

view the disciplinary records in relation to a respondent permit a person to view

the

summary prepared in accordance with subsection (7).

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal within 14 days of the expiry of

the appeal period provided in

section 30, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the surrender of the respondent's

registration;

(

c) restricts the respondents practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) Where the registrar is required to publish a

summary of a decision or order under subsection (3), the registrar shall

(

a) publish the

summary of the decision or order

on the board's website; or

(

b) where the board does not have a website,

provide the

summary or order to the Department of Health and Community Services

for publication on its website.

(5) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar shall

(

a) advise at least 2 media outlets in or nearest

to the community in which the respondent practises that a

summary of the

decision or order has been published; and

(

b) arrange that a

summary of the decision or

order be kept on the website

(

i) for a

period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of

suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar may also

publish a

summary of the decision or order in the boards annual report or

another publication approved by the board.

(7) Unless a court orders otherwise, the

summary

of the decision or order published under this

section shall include

(

a) the name of the respondent and the address

where the respondent practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, where requested

by the complainant;

(

d) the contents of the decision or order in

relation to the actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(8) Where a decision or order, the

summary of

which is published under this section, is varied or set aside, the registrar

shall within 14 days of the filing of the subsequent decision or order publish

a

summary of the decision or order and subsections (3) to (7) apply, with the

necessary changes.

(9) The registrar may give notice of the decision

or order and information respecting the decision or order to the other persons

the board may direct and shall include a

summary of the decision or order in a

certificate of good standing issued in relation to the respondent.

(10) Nothing in this

section prohibits the

registrar from publishing a decision or order of an adjudication tribunal,

including publishing it in a database or repository for adjudication decisions

approved by the minister, provided that the name and any identifying

information of the complainant or witnesses is not published unless the

complainant or witness requests that it be published.

REGISTERED NURSES ACT, 2008

SNL2008 cR-9.1

as amended

47. Paragraph 27(2)(

f) of the Registered Nurses Act, 2008 is amended

by deleting the reference "subsection 29(4)" and substituting the

reference "subsection 29(7)".

48. Paragraph 28(3)(

f) of the Act is amended by deleting the reference

"subsection 29(4)" and substituting the reference "subsection

29(7)".

Section 29 of the Act is repealed and the

following substituted:

Filing and

publication of decisions

(1) An adjudication tribunal shall

file a decision or order made under subsection 27(2) or 28(3) with the Director

of Professional Conduct Review and provide a copy to the complainant, the

respondent and the respondent's employer.

(2) The Director of Professional Conduct Review

shall maintain a copy of a decision or order filed under subsection (1) for a

minimum of 10 years after the day the decision or order is filed and shall upon

receiving a request to view the disciplinary records in relation to a respondent

permit a person to view the

summary prepared in accordance with subsection (7).

(3) The Director of Professional Conduct Review

shall publish a

summary of a decision or order of an adjudication tribunal

within 14 days of the expiry of the appeal period provided in

section 35 where

the decision or order

(

a) suspends the respondent;

(

b) allows or directs the surrender of the respondent's

licence;

(

c) restricts the respondents practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) Where the Director of Professional Conduct

Review is required to publish a

summary of a decision or order under subsection

(3), the Director of Professional Conduct Review shall

(

a) publish the

summary of the decision or order

on the college's website; or

(

b) where the college does not have a website,

provide the

summary or order to the Department of Health and Community Services

for publication on its website.

(5) Where the Director of Professional Conduct

Review publishes a

summary of a decision or order in accordance with subsection

(4), the Director of Professional Conduct Review shall

(

a) advise at least 2 media outlets in or nearest

to the community in which the respondent practises that a

summary of the

decision or order has been published; and

(

b) arrange that a

summary of the decision or

order be kept on the website

(

i) for a

period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of

suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where the Director of Professional Conduct

Review publishes a

summary of a decision or order in accordance with subsection

(4), the Director of Professional Conduct Review may also publish a

summary of the

decision or order in the colleges annual report or another publication approved

by the council.

(7) Unless a court orders otherwise, the

summary

of the decision or order published under this

section shall include

(

a) the name of the respondent and the address

where the respondent practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, where requested

by the complainant;

(

d) the contents of the decision or order in

relation to the actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(8) Where a decision or order, the

summary of

which is published under this section, is varied or set aside, the Director of

Professional Conduct Review shall within 14 days of the filing of the

subsequent decision or order publish a

summary of the decision or order and

subsections (3) to (7) apply, with the necessary changes.

(9) The Director of Professional Conduct Review

may give notice of the decision or order and information respecting the

decision or order to the other persons the council may direct and shall include

a

summary of the decision or order in a certificate of good standing issued in

relation to the respondent.

(10) Nothing in this

section prohibits the Director

of Professional Conduct Review from publishing a decision or order of an

adjudication tribunal, including publishing it in a database or repository for

adjudication decisions approved by the minister, provided that the name and any

identifying information of the complainant or witnesses is not published unless

the complainant or witness requests that it be published.

SOCIAL WORKERS ACT

SNL2010 cS-17.2

as amended

50. Paragraph 31(2)(

f) of the Social Workers Act is amended by

deleting the reference "subsection 33(4)" and substituting the

reference "subsection 33(7)".

51. Paragraph 32(3)(

f) of the Act is amended by deleting the reference

"subsection 33(4)" and substituting the reference "subsection

33(7)".

Section 33 of the Act is repealed and the

following substituted:

Filing and

publication of decisions

(1) An adjudication tribunal shall file a decision or order made under subsection

31(2) or 32(3) with the registrar and provide a copy to the complainant, the

respondent and the respondent's employer.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 10 years after

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

view the disciplinary records in relation to a respondent permit a person to view

the

summary prepared in accordance with subsection (7).

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal within 14 days of the expiry of

the appeal period under

section 39, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the surrender of the respondent's

registration;

(

c) restricts the respondents practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) Where the registrar is required to publish a

summary of a decision or order under subsection (3), the registrar shall

(

a) publish the

summary of the decision or order

on the board's website; or

(

b) where the board does not have a website,

provide the

summary or order to the Department of Health and Community Services

for publication on its website.

(5) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar shall

(

a) advise at least 2 media outlets in or nearest

to the community in which the respondent practises that a

summary of the

decision or order has been published; and

(

b) arrange that a

summary of the decision or

order be kept on the website

(

i) for a

period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of

suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where the registrar publishes a

summary of a

decision or order in accordance with subsection (4), the registrar may also publish

a

summary of the decision or order in the boards annual report or another

publication approved by the board.

(7) Unless a court orders otherwise, the

summary

of the decision or order published under this

section shall include

(

a) the name of the respondent and the address

where the respondent practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, where requested

by the complainant;

(

d) the contents of the decision or order in

relation to the actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(8) Where a decision or order, the

summary of

which is published under this section, is varied or set aside, the registrar

shall within 14 days of the filing of the subsequent decision or order publish

a

summary of the decision or order and subsections (3) to (7) apply, with the necessary

changes.

(9) The registrar may give notice of the decision

or order and information respecting the decision or order to the other persons

the board may direct and shall include a

summary of the decision or order in a

certificate of good standing issued in relation to the respondent.

(10) Nothing in this

section prohibits the

registrar from publishing a decision or order of an adjudication tribunal,

including publishing it in a database or repository for adjudication decisions

approved by the minister, provided that the name and any identifying

information of the complainant or witnesses is not published unless the

complainant or witness requests that it be published.

Queen's Printer

Document details

CollectionNewfoundland and Labrador — Bills
CitationBill 2228
Typebill
Volume / chapterga50session1 bill2228
Languageen
Formathtm
SourcePROVINCIAL
Identifierc65a6587f04789a7bca4016e50bab8c5e2742a69

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