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