Second

Session, 45th General Assembly

Elizabeth II, 2005

BILL 53

AN ACT RESPECTING THE

REGISTRATION AND

LICENSING OF HEARING AID PRACTITIONERS

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

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

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

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

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

HONOURABLE

JOHN OTTENHEIMER

Minister

of Health and Community Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would revise the law

respecting the regulation of hearing aid practitioners.

In particular, the Bill would

establish a clear separation between advocacy on behalf of the professional

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

establish and enforce qualifications for licensure or registration in the

interest of the protection of the public.

The second principal focus of the

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

developed principles of administrative law respecting impartiality, fairness,

and the right to be heard.

A BILL

AN ACT RESPECTING THE REGISTRATION AND

LICENSING OF HEARING AID PRACTITIONERS

Analysis

Short title

Definitions

Board

Appointed members

Meetings of the board

Annual report

Functions of board

By-laws

Registration and licence

Duties of registrar

Proof of registration

Definitions

Committees

Allegation

Effect of filing allegation

Complaints authorization committee

Adjudication tribunal

Hearing

Guilty plea by respondent

Powers of adjudication tribunal

Filing and publication of decisions

De-registration and suspension

Failure to comply

Reinstatement and readmission

Costs of the board

Collection of fine

Appeal to Trial Division

Copies of books, etc. as evidence

Limitation to practice

Authorized services

Restriction

Recovery of fees

Protection from liability

Regulations

Fees and forms

Offence

Transition

RSNL1990 cH-2 Rep.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Hearing Aid

Practitioners Act.

Definitions

2. In

this Act

(a) "board" means the Hearing Aid Practitioners

Board;

(b) "hearing aid" means a wearable

instrument or device designed for or offered for the purpose of helping or

compensating for impaired human hearing and parts, attachments or accessories

for the instrument or device except batteries and cords;

(c) "hearing aid practitioner" means a

person engaged in

(

i) testing or measuring human hearing by

audiometer or other means for the purpose of selecting, adapting, recommending

or selling hearing aids,

(ii) selling or offering for sale hearing aids, or

(iii) making impressions for earmolds to be used in

connection with hearing aids;

(d) "licence" means a licence issued

under this Act to operate in the province as a hearing aid practitioner;

(e) "minister" means the minister appointed

under the Executive Council Act to

administer this Act;

(f) "register" means the register of

hearing aid practitioners;

(g) "registrar" means the registrar of

hearing aid practitioners elected under subsection 3(3); and

(h) "sale" means a transfer of title,

conditional sale contract, lease, hire purchase, or other transaction by which

a person disposes of, and another person acquires, a hearing aid, but does not

include a sale of a hearing aid which is intended for resale by a hearing aid practitioner

in the course of his or her business.

Board

(1) The

Hearing Aid Practitioners Board is continued as a corporation without share

capital for the purposes of

Part XXI of the Corporations

Act .

(2) The board shall consist of

(a) 4 persons elected from and by licensed hearing

aid practitioners in accordance with the by-laws; and

(b) 2 persons appointed under

section 4 who are

not licensed hearing aid practitioners.

(3) The board shall elect from among the members a

chairperson and, from among the elected members, a registrar.

(4) A member of the board may be elected for a

term set by the by-laws which shall not exceed 3 years and is eligible to be

re-elected, but shall not be a member of the board for more than 9 consecutive

years.

(5) An elected member may resign from the board by

written notice to the board.

(6) Where an elected member resigns, dies or

becomes incapable of performing his or her duties, the remaining members shall

appoint a replacement to serve until the next annual general meeting.

(7) Elected members shall serve without payment

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

duties as members may be paid by the board, in accordance with the by-laws.

(8) The board may pay the registrar for performing

his or her duties under this Act, in accordance with the by-laws.

(9) The board shall elect an executive from the

members of the board including a chairperson who chairs all meetings of the

board.

Appointed members

(1) The

minister shall appoint 2 members of the board who are not hearing aid

practitioners who are suitable to represent the public interest.

(2) A person appointed under subsection (1) holds

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

(3) Where a person appointed under subsection

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

appointment as a member of the board until the expiration of 12 months from the

end of the year in which he or she was last a member of the board.

(4) Where the term of office of a person appointed

under this

section expires, he or she continues to be a member of the board

until re-appointed or replaced.

(5) The board shall pay the expenses of a person

appointed to the board under this

section in accordance with guidelines

established by the Lieutenant-Governor in Council.

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

removed from office by the minister before the expiration of his or her term of

office and compensation shall not be paid to him or her other than an amount

owing under subsection (5).

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

resign from the board by written notice to the minister.

Meetings of the

board

(1) A

quorum of the board is 3 members, one of whom is an appointed member.

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

member of the board may, where all the members consent, participate in a

meeting of the board by means of the telephone or other telecommunication

device that permits all persons participating in the meeting to communicate

with each other.

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

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

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

(4) In the absence of the chairperson, the members

of the board in attendance at a meeting shall appoint another member to chair

that meeting.

(5) The board shall hold, in accordance with the

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

board shall be held.

(6) At the annual general meeting the board shall

appoint an auditor to audit the accounts of the board and report on the

financial statements prepared by the board.

(7) The board may in its by-laws provide for

voting at a meeting of the board or in an election of members by mail or

electronic means.

Annual report

(1) The

board shall prepare and submit to the minister before

July 1,

(

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

(

b) the board's audited financial statements.

(2) Where the board fails to comply with

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

summary conviction may

be fined $1,000.

Functions of

board

7. The

functions of the board are

(

a) to examine the credentials of an applicant for

registration to determine if the applicant should be registered and licensed to

operate as a hearing aid practitioner in accordance with this Act and the

regulations;

(

b) where it considers that examinations are

necessary, to adopt or prescribe examinations to ascertain the qualifications

of persons to be registered and licensed in accordance with this Act and the

regulations;

(

c) to issue licences to persons who meet the

requirements of this Act and the regulations;

(

d) to carry out the duties established for the

board in relation to discipline of licensed hearing aid practitioners under

sections 12 to 27; and

(

e) to perform the other tasks that are in keeping

with the purpose of this Act.

By-laws

(1) The

board may make by-laws not inconsistent with this Act respecting

(

a) the holding and procedure of its meetings;

(

b) the appointment of committees and the duties

and responsibilities of those committees;

(

c) the election of members of the board under

subsection 3(2) and setting the terms of office;

(

d) the payment of travel and other expenses of

elected members of the board;

(

e) the rates of remuneration for members of an

adjudication tribunal;

(

f) the employment and remuneration of staff and

consultants;

(

g) a code of ethics which shall include

(

i) a definition of "professional

misconduct" and "conduct unbecoming" for the purposes of

sections 12 to 27,

(ii) rules respecting advertising by hearing aid

practitioners, and

(iii) rules respecting conflict of interest;

(

h) limiting the participation of members at a

meeting of the board by telephone or other telecommunications device under

section 5; and

(

i) providing for voting by licensed hearing aid practitioners

by mail or electronic means.

(2) A by-law may be made, amended or repealed at a

meeting of the board provided that 30 days' notice, in writing, of the making,

amendment or repeal of the by-law and of the meeting are given to members of

the board.

(3) The by-laws of the Hearing Aid Practitioners

Board in operation at the coming into force of this Act shall be the by-laws

governing the board until revoked or amended by the board in accordance with

this section.

(4) The board shall have its by-laws available for

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

Registration and

licence

(1) A

person may apply to the registrar in the form set by the board to be licensed

as a hearing aid practitioner where he or she

(

a) successfully completes a training program

approved by the board that covers the areas of study outlined in the regulations;

(

b) successfully completes the examinations

prescribed by the board; and

(

c) meets the other requirements prescribed by

regulation.

(2) The registrar shall issue a licence to a

person who applies under subsection (1) and enter his or her name on the register

and may renew a licence of a hearing aid practitioner where the applicant or

hearing aid practitioner

(

a) pays the licensing fee set by the board;

(

b) proves that he or she has obtained

professional liability insurance coverage in a form and amount satisfactory to

the board;

(

c) establishes that he or she is not suspended or

restricted from working as a hearing aid practitioner by a board or equivalent

body governing hearing aid practitioners in a jurisdiction outside the

province; and

(

d) pays outstanding fines, penalties or fees,

which are owed to the board.

Duties of

registrar

(1) The

registrar shall

(

a) register hearing aid practitioners and issue

licences on the direction of the board to persons who meet the qualifications

for registration established by this Act;

(

b) keep and maintain an up-to-date register of

the names of hearing aid practitioners registered and licensed under this Act

and the regulations and the other information the board may require;

(

c) collect the fees that may be prescribed;

(

d) perform the duties of the registrar in respect

of discipline under sections 12 to 27;

(

e) act as secretary to the board; and

(

f) perform those other duties that the board may

require.

(2) The registrar shall make the registers of the board

available for inspection by the public on reasonable notice and at reasonable

hours.

Proof of

registration

11. A

certificate signed or purporting to be signed by the registrar that the name of

a person was or was not entered in the register on a date or during a period

specified in the certificate shall be admissible in evidence without proof of

the signature of the registrar, and the contents of the certificate shall,

until the contrary is proved, be considered to be evidence of the facts stated

in it.

Definitions

12. In

this

section and sections 13 to 27,

(a) "allegation" means a written

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

(b) "complainant" means a person making

an allegation described in

section 14;

(c) "conduct deserving of sanction"

includes

(

i) professional misconduct,

(ii) professional incompetence,

(iii) conduct unbecoming a hearing aid practitioner,

and

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

or the code of ethics made under

section 8;

(d) "costs incurred by the board"

includes

(

i) out of pocket expenses incurred by or on

behalf of the board,

(ii) amounts paid by the board to adjudication

tribunal members as remuneration and for expenses, and

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

and an adjudication tribunal;

(e) "disciplinary panel" means the panel

of persons appointed under

section 13 from which members of an adjudication

tribunal are drawn; and

(f) "respondent" means a licensed

hearing aid practitioner or a former licensed hearing aid practitioner against

whom an allegation is made.

Committees

(1) The

board shall appoint at least 3 of its members, at least one of whom was

appointed by the minister to represent the public interest, to constitute a

complaints authorization committee.

(2) The board shall appoint the chairperson and

vice-chairperson of the complaints authorization committee from the persons

appointed under subsection (1).

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

of the complaints authorization committee.

(4) The board shall appoint at least 5 licensed

hearing aid practitioners who are not members of the board, one of whom shall

be appointed to serve as chairperson, and the minister shall appoint at least 2

persons, who are not licensed hearing aid practitioners, to represent the

public interest, who shall together constitute a disciplinary panel.

(5) Of the members first appointed to the

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

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

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

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

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

re-appointed or his or her replacement is appointed.

(7) Persons appointed to the disciplinary panel

may be reappointed.

(8) Where a hearing aid practitioner is appointed

to a disciplinary panel under this section, he or she shall serve on the panel

unless the board determines that he or she is unable to serve for reasons beyond

his or her control.

(9) Members of the disciplinary panel shall serve

on the panel without payment for their services but may be remunerated for

services as a member of an adjudication tribunal and paid for their travel and

other expenses associated with the work of the tribunal by the board in

accordance with the rates set by the by-laws.

(10) The complaints authorization committee and an

adjudication tribunal appointed under

section 17 and a person appointed by

either of them may summon a hearing aid practitioner or other person and require

him or her to give evidence, orally or in writing, upon oath or affirmation,

and produce the documents and things that either of them considers necessary to

the full investigation and hearing of an allegation or complaint and shall have

the powers, privileges and immunities that are conferred on a commissioner

appointed under the Public Inquiries Act.

Allegation

(1) An

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

solicitor, and filed with the registrar.

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

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

as an allegation referred to in subsection (1).

(3) Where the registrar has been informed that a

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

of another country or has been suspended by a governing body of hearing aid practitioners

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

reason of professional misconduct, conduct unbecoming a hearing aid practitioner

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

registrar as an allegation.

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

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

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

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

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

to have signed on behalf of that body.

Effect of filing

allegation

(1) Where

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

that the allegation may be resolved satisfactorily and where the complainant

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

(2) Where the allegation is not satisfactorily

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

allegation and all other allegations to the complaints authorization committee.

(3) The registrar shall inform a complainant and a

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

Complaints authorization

committee

(1) After

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

committee may exercise one or more of the following powers:

(

a) refer the allegation back to the registrar for

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

(

b) conduct an investigation itself or appoint a

person to conduct an investigation on its behalf; and

(

c) require

the respondent to appear before it.

(2) Where the complaints authorization committee

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

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

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

(3) Where the complaints authorization committee

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

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

be considered as constituting a complaint, and the committee may

(

a) counsel or caution the respondent; or

(

b) instruct the registrar to file the complaint

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

(

c) recommend to the board that

(

i) the respondent's licence be suspended or restricted,

(ii) the registrar conduct an investigation of the

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

registrar shall conduct it,

at any time before a final determination by

the adjudication tribunal.

(4) A person conducting an investigation under

paragraph (1)(a), (

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

(

a) the respondent to

(

i) undergo practical and other examinations he or

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

(ii) permit the registrar or a member of the board

or a person appointed by the complaints authorization committee to inspect and

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

matter of the investigation; and

(

b) another person to permit the registrar or a

member of the board or a person appointed by the complaints authorization

committee to inspect and copy records and other documents relating to the

subject matter of the investigation held by that person,

and the respondent or other person shall

comply.

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

registered hearing aid practitioner or another person to whom a request is made

solely because he or she provides information requested of him or her under

subsection (4).

(6) Where the registrar, a member of the board or

a person appointed by the complaints authorization committee requires that a respondent

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

shall be provided, as requested, within 7 days of receipt of the request or a

different period as specified in the request.

(7) Where the complaints authorization committee

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

or investigated the board may

(

a) decide not to act on the recommendation; or

(

b) suspend, restrict or investigate the

respondent's practice.

(8) A complainant whose allegation is dismissed by

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

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

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

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

Crown.

Adjudication tribunal

(1) For

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

chairperson of the disciplinary panel shall appoint from it an adjudication

tribunal consisting of 3 persons, of whom 2 shall be licensed hearing aid practitioners

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

interest.

(2) The chairperson of the disciplinary panel

shall appoint one of the licensed hearing aid practitioners on an adjudication

tribunal to be the chairperson.

Hearing

(1) Where

a complaint has been referred under paragraph 16(3)(b), an adjudication

tribunal shall hear the complaint.

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

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

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

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

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

or another person against the consequences of possible disclosure of personal

matters outweighs the desirability of holding the hearing in public.

Guilty plea by

respondent

(1) Where

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

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

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

submissions from the parties.

(2) Where a respondent pleads guilty, and

following submissions under subsection (1), the adjudication tribunal may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

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

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

(

c) allow or direct the respondent to surrender

his or her licence to the board upon those conditions that may be considered

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

(

d) impose a fine not to exceed $10,000 to be paid

to the board;

(

e) order that the respondent pay the costs or a

part of the costs incurred by the board

in the investigation and hearing of the complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 21(4) and other

information that the tribunal may specify; and

(

g) order that the respondent comply with one or more

of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

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

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies or obtain

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

other body or person designated by the adjudication tribunal,

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

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions, or

(ix) impose other requirements that are just and

reasonable in the circumstances.

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

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

tribunal under this

section shall be borne by the respondent.

Powers of adjudication

tribunal

(1) Upon

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

not a respondent is guilty of conduct deserving of sanction.

(2) Where an adjudication tribunal decides that a

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

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

unreasonable,

(

a) order that those costs that the tribunal

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

(

b) make another order that it considers

appropriate.

(3) Where an adjudication tribunal decides that a

respondent is guilty, it may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

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

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

(

c) allow or direct the respondent to surrender

his or her licence to the board upon those conditions that may be considered

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

(

d) impose a fine not to exceed $10,000 to be paid

to the board;

(

e) order that the respondent pay the costs or a

part of the costs incurred by the board in the investigation or hearing of the

complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 21(4) and other

information that the tribunal may specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

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

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies or obtain

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

other body or person designated by the adjudication tribunal,

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

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions, or

(ix) impose other requirements that are just and

reasonable in the circumstances.

(4) The costs incurred by the board to ensure the

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

tribunal under this

section shall be borne by the respondent.

Filing and publication

of decisions

(1) An

adjudication tribunal shall file a decision or order made under subsection 19(2)

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

respondent and the respondent's employer.

(2) The registrar shall maintain a copy of a

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

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

disciplinary records in relation to a registered hearing aid practitioner

permit a person to view a

summary of a decision where that registered hearing

aid practitioner was the respondent, prepared in accordance with subsection

(4).

(3) The registrar shall publish a

summary of a

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

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

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

order

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her licence;

(

c) restricts the respondent's practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) The

summary of the decision published under

subsection (3) shall include

(

a) the name of the respondent and the address

where he or she practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, unless the

complainant has requested that his or her name be withheld;

(

d) the contents of the order in relation to the

actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(5) Where a decision published under this

section

is varied or set aside, the 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) and (4) apply, with the necessary changes.

De-registration

and suspension

(1) Where

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

licensed hearing aid practitioner cease.

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

rights and privileges as a licensed hearing aid practitioner cease for the

period of suspension.

(3) Where conditions or restrictions have been

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

rights and privileges as a licensed hearing aid practitioner shall be limited

to the extent specified by the conditions or restrictions.

Failure to comply

(1) On

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

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

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

under sections 12 to 27.

(2) The parties to the application are the board

and the respondent.

(3) An order of an adjudication tribunal under

this

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

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

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

adjudication tribunal.

Reinstatement and

readmission

(1) Where

a decision or order of an adjudication tribunal

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her licence;

(

c) restricts the respondent's practice; or

(

d) specifies conditions for the continuing

practice of the respondent,

and where the respondent alleges that new

evidence has become available or a material change in circumstances has

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

the complaints authorization committee for a supplementary hearing to discharge

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

circumstances.

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

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

material change in circumstances has occurred.

(3) Where an application is made to the complaints

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

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

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

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

paragraph 16(3)(

b) and sections 18 to 22 apply, with the necessary changes, to

the referred matter.

(4) The parties to a supplementary hearing under

this

section are the respondent and the board.

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

to an order that an adjudication tribunal may make under

section 20, a tribunal

may

(

a) vary the original decision or order made under

section 20; or

(

b) discharge the original decision or order, with

or without conditions.

Costs of the

board

(1) Where

a person who was ordered to pay the costs of the board under paragraph 19(2)(

e) or 20(3)(

e) fails to pay in the time required, the board may suspend the

registration of that person until the costs are paid.

(2) Costs ordered to be paid under paragraph 19(2)(

e) or 20(3)(

e) are a debt due to the board and may be recovered by the board by a

civil action.

Collection of

fine

(1) Where

an order is made under

section 19 or 20 imposing a fine on a respondent, the

board may issue a certificate stating the amount of the fine due and remaining

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

certificate with the Registrar of the Supreme Court.

(2) Where a certificate is filed with the

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

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

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

the person named in the certificate.

(3) A person named in a certificate filed under

this

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

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

of the certificate.

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

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

certificate accord with the judge's decision.

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

made under this section.

(6) A certificate filed under this

section may

also be filed in the judgment e n forcement

registry on the expiration of the 30 day period referred to in subsection

(3) in accordance with

Part III of the Judgment

Enforcement Act and be enforced in accordance with that Act.

Appeal to Trial

Division

(1) The

board or the respondent may, within 30 days after receiving notice of a

decision or order of an adjudication tribunal under this Act, appeal the

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

Registrar of the Supreme Court.

(2) An appeal under this

section does not stay the

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

Copies of books,

etc. as evidence

28. A

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

(

a) a member of the complaints authorization

committee; or

(

b) a person authorized under subsection 16 (4) to conduct an inspection,

who made the copy or extract under

subsection 16 (4) is admissible in evidence in

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

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

contents.

Limitation to

practice

29. A

person shall not hold himself or herself out as a hearing aid practitioner or

in any manner seek to convey the impression of being a hearing aid practitioner

unless that person is registered and licensed under this Act.

Authorized

services

30. A

hearing aid practitioner's licence shall set out the services the practitioner

is authorized to perform which may be one or more of the following:

(

a) the conducting of tests of pure-tone

audiometry, including air-conduction testing and bone-conduction testing;

(

b) the conducting of tests of live voice or

recorded voice speech audiometry, including speech reception threshold testing

and speech discrimination testing;

(

c) the application of masking, where indicated;

(

d) the recording and evaluation of audiograms and

speech audiometry to determine proper selection and adaptation of a hearing

aid; and

(

e) the taking of earmold impressions and fitting

of hearing aids.

Restriction

31. A

licence under this Act is not required by

(

a) a person providing the services of an

audiologist with the government of the province, a hospital or agency funded by

(

b) an audiology technician working under the

supervision of an audiologist, or a person working under the supervision of an

otolaryngologist, who assists in the measurement of human hearing,

in order to carry out the duties of his or

her employment.

Recovery of fees

32. A

registered hearing aid practitioner is entitled to demand payment of reasonable

charges from persons by whom he or she is consulted and to whom he or she

provides services and to recover as a debt, in a court, the appropriate charges

for a consultation and those services.

Protection from

liability

33. An

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

of the board, a member of a disciplinary panel, adjudication tribunal or the

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

authorization committee to conduct an investigation, another agent of the board

or the board as a corporation for

an act or failure to act or a proceeding

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

duties or obligations authorized under this Act or for a decision or order made

or enforced in good faith under this Act.

Regulations

(1) The

board may, with the approval of the minister, make regulations

(

a) prescribing conditions and requirements for

the licensing of persons to operate as hearing aid practitioners;

(

b) respecting continuing education courses and

other programs for the purpose of maintaining and improving standards of

hearing aid practitioners;

(

c) approving training programs acceptable for the

purposes of registration and licensing;

(

d) respecting alternative dispute resolution for

the purposes of sections 12 to 27 and the procedure for that resolution;

(

e) prescribing time limits for events in the

disciplinary process in sections 12 to 27, including time limits for

(

i) the filing of an allegation,

(ii) the resolving of an allegation by the

registrar,

(iii) the conduct of an investigation under

section

16,

(iv) consideration of an allegation by the

complaints authorization committee following completion of an investigation,

(

v) responding to a complainant and respondent at

each stage of the process,

(vi) the conduct of a practice investigation under

subparagraph 16(3)(c)(ii),

(vii) the appointment of an adjudication tribunal

under

section 17, and

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

decision or order by an adjudication tribunal following completion of the

hearing; and

(

f) prescribing, scheduling or adopting

examinations, including the circumstances under which examinations may be required,

with power to exempt an applicant from examination where, in the opinion of the

board, it is reasonable to do so.

(2) Notwithstanding subsection (1), the minister

may make regulations to prescribe time limits for events in the disciplinary

process under sections 12 to 27 where the board does not do so in a time period

the minister considers reasonable.

Fees and forms

35. The

board may set fees and prescribe forms for the purpose of and administration of

this Act.

Offence

36. A

person who contravenes this Act or the regulations is guilty of an offence and

is liable on

summary conviction to a fine not exceeding $500 and in default of

payment to imprisonment for a term not exceeding one month or to both a fine

and imprisonment.

Transition

(1) The

members of the Hearing Aid Practitioners Board on the day before this Act comes

into force are continued as members of the board until an election is held under

section 5.

(2) An election to elect the 4 members of the

board referred to in paragraph 3(2)(

a) shall be held within 12 months after the

day this Act comes into force.

(3) The minister shall make appointments under

section 4 within 30 days of the election held under subsection (2).

(4) Of the members of the board first elected

under

section 5,

(a) 2 shall be elected for a term of 3 years; and

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

RSNL1990 cH-2 Rep.

38. The Hearing

Aid Dealers Act is repealed.

Earl G. Tucker, Queen's Printer