Regulated Health Professions General Regulations
made under Sections 13 and 177 of the
Regulated Health Professions Act
S.N.S. 2023, c. 15
O.I.C. 2024-180 (effective June 3, 2024), N.S. Reg. 106/2024
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
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Interpretation
Citation
Definitions
Regulatory Body Requirements
Registrar must send proposed bylaws to Network members
Feedback on proposed bylaws under subsection 12(2) of Act
Term of appointment for public representative board members
Publication of board meeting information
Registrant information required to be published by registrar
Annual reports
Mandatory standard of practice for maintaining information on digital platform
Mandatory standard of practice for sexual misconduct and sexual abuse
Committees, Joint Panels and Pools
Reinstatement committee—additional powers and authority
Complaints committee—additional powers and authority
Professional conduct committee—additional powers and authority
Registrar—additional powers and authority
Fitness-to-practise committee—additional powers and authority
Appointing public representatives
Board member may serve on statutory committee
Composition and powers of joint panel
Administration of pools
Professional Conduct
Notice of hearing
Recording of evidence
Preservation of evidence
Roles and powers of investigators in professional conduct processes
Settlement Agreements
Mediator used to prepare settlement agreement
Referral of settlement agreement to complaints committee
Complaints committee actions when proposed settlement agreement referred
Professional conduct committee actions when proposed settlement agreement referred
Written decision on settlement agreement and notice
New panel members
Rejected settlement agreements and hearings
Settlement negotiations and decision to award costs in hearing
Breach of settlement agreement
Reinstatement
Applications for reinstatement
Investigation concerning reinstatement application
Notice of reinstatement hearing
Attendance at hearing for review of reinstatement application
Reinstatement committee may determine procedure
Witnesses at reinstatement committee hearing
Parties to reinstatement committee hearing
Decision of reinstatement committee
Reinstatement eligibility
Costs and expenses for reinstatement application and hearing
Publication of reinstatement committee’s decision
Submitting new application for reinstatement
Costs
Surrendering licence
Practice Reviews
Establishing practice review committee
Function of practice review committee
Referral for practice review
Referral to registrar
Quality Assurance Program
Quality assurance program for regulatory performance
Standards of good regulation
Custodianship
Registrar may appoint custodian of client records
Custodian of client records
Information Disclosure and Confidentiality
Mandatory disclosure between regulatory body and employer
Employer reporting exposure to harm
Exceptions to confidentiality
Permitted disclosure to extra-provincial regulatory body
Practice
Registrant may delegate
Applicant or registrant charged with criminal offence
Transition
Permit or licence continues until withdrawn or expires
Interpretation
Citation
1 These regulations may be cited as the Regulated Health Professions General
Regulations.
Definitions
2 (1) In these regulations,
“Act” means the Regulated Health Professions Act;
“competency matrix” means a tool that supports the recruiting and selection of
pool members based on the competencies required to administer the Act in the
public interest;
“format of the hearing” means whether the hearing is in-person, virtual or hybrid;
“health authority” means a health authority established under the Health
Authorities Act;
“Network member” means [a] Network member as defined in the Regulated
Health Professions Network Act.
(2) In the Act and these regulations,
“de-identified information” means de-identified information as defined in the
Personal Health Information Act;
“personal information” means personal information as defined in the Freedom of
Information and Protection of Privacy Act.
(3) In the Act,
“competence assessment” is further defined to include a process approved by a
statutory committee to assess competence;
“conditional licence” is further defined to include the categories of conditional
licences prescribed in the regulations and bylaws;
“current contact information” in clause 60(1)(c) of the Act includes any legal name
changes;
“incorporated entity” means a legal entity formed by incorporation and includes
professional incorporation by a registrant, and “professional corporation” has the
same meaning;
“licensing category” means the categories of licence set out in the Act, regulations
and bylaws, and “category of licence” and “category of licensing” have the same
meaning;
“practising licence” means a licence issued under the Act authorizing a registrant
to engage in practice without conditions or restrictions, and includes the categories
of practising licence prescribed in the regulations and bylaws;
“professional incorporation” means the act of incorporation by a registrant;
“regulated health services” means health services delivered by a registrant;
“research” means research as that term is used in Sections 29 and 30 of the
Freedom of Information and Protection of Privacy Act.
(4) In subsection 27(2) of the Act, “education programs” means approved education
programs and any other education programs that the registrar considers relevant to
the practice of the regulated health profession that qualified the registrant for
registration or licensing or qualified them to practise within an expanded scope of
practice.
Regulatory Body Requirements
Registrar must send proposed bylaws to Network members
3 In addition to the requirements of subsection 12(3) of the Act, the registrar must send a
copy of a proposed bylaw to the Nova Scotia Regulated Health Professions Network
Administrator to distribute to Network members.
Feedback on proposed bylaws under subsection 12(2) of Act
4 (1) When making or amending a bylaw under clause 12(2)(b), (c) or (f) of the Act, the
registrar must send a copy of the proposed bylaw to the Nova Scotia Regulated
Health Professions Network Administrator and any private health facilities the
registrar considers relevant and must provide at least 30 days for feedback.
(2) When making or amending a bylaw under clause 12(2)(h), (k) or (m) of the Act,
the registrar must send a copy of the proposed bylaw to the Nova Scotia Regulated
Health Professions Network Administrator and any employers the registrar
considers relevant and must provide at least 30 days for feedback.
(3) The registrar may waive or abbreviate the feedback period in subsection (1) or (2)
if the registrar determines it is in the public interest to do so.
(4) When making or amending a bylaw under clause 12(2)(h), (k) or (m) of the Act,
the board must provide the Minister with rationale for the bylaws, in a form
approved by the Minister, at least 180 days before approving the bylaw.
(5) The Minister may waive or abbreviate the notice period in subsection (4) if the
Minister determines it is in the public interest to do so.
(6) This Section does not apply to a bylaw made in the first year after a regulatory
body is established under the Act, if, in the opinion of the registrar, the bylaw does
not make any substantive changes to the practices in place immediately before the
regulatory body was established, regardless of whether those practices were set out
in the former Act, regulations, bylaws, policies or standards of the existing
regulator.
(7) To meet the requirements of subsections 12(3) and (4) of the Act and this Section,
an existing regulator must do all of the following:
(a) send a copy of a proposed bylaw or amendment to a bylaw to each
registrant, the Minister and any other person or organization identified in
this Section, in accordance with Section 151 of the Act;
(b) publish notice of a proposed bylaw or amendment to a bylaw on its website
for at least 30 days with a request for feedback.
Term of appointment for public representative board members
5 (1) The term of appointment for a public representative appointed to the board of a
regulatory body is 3 years, regardless of whether the public representative is
appointed by the Governor in Council or a regulatory body.
(2) A public representative must not serve for more than 2 consecutive terms.
(3) In subsection (2), “consecutive” means 12 months or less have elapsed between the
end of one term and the beginning of the next.
Publication of board meeting information
6 (1) Within 30 days of the date that minutes from a board meeting are approved, a
board must publish on its website a summary of the agenda items addressed and
decisions made at the board meeting.
(2) Despite subsection (1), matters addressed during in camera board discussions must
not be published unless the outcome of the in camera discussion was disclosed in
the regular board meeting minutes.
Registrant information required to be published by registrar
7 (1) The registrar must publish all of the following information on the regulatory
body’s website or another publicly available digital platform selected by the
registrar:
(a) the name, including the preferred name, of each registrant as specified on
their licence application or renewal form;
(b) the registration number of each registrant;
(c) for each registrant,
(i) the name of the register in which they are registered,
(ii) the category of licence they hold, if any, or a notation of their licence
status,
(iii) any current conditions or restrictions on their licence or registration
that are not covered by a publication ban,
(iv) any licensing sanctions that are not covered by a publication ban, but
not including any expired conditions or restrictions;
(d) a record of each registrant who has current approval issued by the registrar
to engage in a professional activity, procedure or service as part of their
individual scope of practice, including all of the following information:
(i) the nature of the approved activity, procedure or service,
(ii) any titles or permits authorized by the registrar to signify approval to
engage in the approved activity, procedure or service,
(iii) any conditions or restrictions respecting the approved activity,
procedure, or service;
(e) any other information that is required under the bylaws to be in the register
or the record, if the registrar determines it is in the public interest to make
that information publicly available.
(2) For the purposes of this Section, “registrant” means a registrant who holds a
current licence or has held a licence to practise within the period of time set out in
a mandatory standard of practice.
(3) For the purposes of clause (1)(d), “approval” means approval that is evidenced by a
title, permit or other active form of approval determined by the board.
(4) Despite subsection (1), the registrar may redact publicly available information if
the registrar has reasonable grounds to believe it is in the public interest to do so.
Annual reports
8 (1) A regulatory body must provide an annual report of its activities to the Minister, in
a form and manner satisfactory to the Minister, no more than 90 days after the date
that the financial audit is substantially completed or 60 days after the date the
board accepts the financial audit, whichever is earlier.
(2) In addition to the audited financial statement required under clause 10(1)(d) of the
Act, an annual report must include all of the following information for the year for
which the report is submitted:
(a) a description of the structure of the regulatory body, including the names,
functions and a description of the committees of the board;
(b) the names of the board members;
(c) the names of the members of the statutory committees and any other
committee established by the board;
(d) the location of any notices published during the year by the registrar on the
regulatory body’s website under subsection 12(3) of the Act;
(e) the number of registrants who hold each category of licence;
(f) the number of applications for registration that were received during the
year and their outcome;
(g) the number of applications for each category of licence that were received
during the year and their outcome;
(h) the total number of complaints that were unresolved at the beginning of the
year, including all of the following information on an aggregate basis:
(i) the number of each type of unresolved complaint,
(ii) the number of unresolved complaints that were resolved during the
year,
(iii) the outcome of any resolved complaints and the status of any
unresolved complaints;
(i) the total number of complaints received during the year, including all of the
following information on an aggregate basis:
(i) the number of each type of complaint,
(ii) the number of complaints that were resolved during the year,
(iii) the outcome of any resolved complaints and the status of any
unresolved complaints;
(j) the number of registrants who received a licensing sanction during the year,
including all of the following information:
(i) a summary of the reasons for each case in which 1 or more licensing
sanctions were issued,
(ii) the location of the published decision respecting the licensing
sanctions;
(k) the number of practice reviews conducted during the year and the results of
each review;
(l) a description of the continuing competency program of the regulatory body
and any other methods used to maintain the competency of the registrants;
(m) any other information the Minister requires.
Mandatory standard of practice for maintaining information on digital platform
9 By December 3, 2024, an existing regulator and a regulatory body must adopt a
mandatory standard of practice for maintaining the information of a registrant without a
licence on the existing regulator’s or regulatory body’s website or another publicly
available digital platform.
Mandatory standard of practice for sexual misconduct and sexual abuse
10 (1) By December 3, 2024, an existing regulator and a regulatory body must adopt a
mandatory standard of practice for addressing sexual misconduct and sexual abuse.
(2) The mandatory standard of practice must contain definitions of “sexual
misconduct” and “sexual abuse.”
Committees, Joint Panels and Pools
Reinstatement committee—additional powers and authority
11 If a matter is referred to a reinstatement committee, the chair of the committee may
appoint a panel or joint panel of at least 3 members of the committee to act as the
committee, at least 1 of whom must be a public representative.
Complaints committee—additional powers and authority
12 In addition to the authority under Section 89 of the Act, a complaints committee may
allow a respondent to apply to lift, vary or terminate a suspension, restrictions or
conditions on their licence at a time determined by the complaints committee.
Professional conduct committee—additional powers and authority
13 A professional conduct committee that orders a suspension under Section 110 of the Act
may reduce the period of suspension if all of the following conditions apply:
(a) the respondent meets any conditions imposed by the professional conduct
committee;
(b) the professional conduct committee determines it is in the public interest to
do so.
Registrar—additional powers and authority
14 (1) A registrar may participate in a meeting between the fitness-to-practise committee
and a registrant under subsection 128(3) of the Act.
(2) The registrar may introduce evidence and make submissions in a form determined
by the committee before the meeting.
Fitness-to-practise committee—additional powers and authority
15 The fitness-to-practise committee may appoint an investigator to investigate possible
non-compliance with a remedial agreement made under subsection 127(1) of the Act.
Appointing public representatives
16 (1) A regulatory body may appoint a public representative to a statutory committee
unless any regulations made under Section 14 of the Act provide otherwise.
(2) A regulatory body must publicly advertise to invite expressions of interest in
serving as a public representative on a regulatory committee for at least 30 days,
except when appointing a public representative from a pool.
(3) A regulatory body must publish a list of public representatives appointed to its
statutory committees on its website.
Board member may serve on statutory committee
17 (1) Despite subsection 8(3) of the Act, a member of the board may serve on any of the
following statutory committees:
(a) the registration and licensing committee;
(b) the complaints committee.
(2) No more than 1 board member may serve on a panel of the registration and
licensing committee or the complaints committee.
Composition and powers of joint panel
18 (1) A joint panel must have at least 3 and no more than 5 members.
(2) A joint panel of 3 is composed of all of the following members:
(a) 1 registrant from the same regulatory body as the individual whose matter is
before the committee;
(b) 1 registrant from a regulatory body other than the regulatory body of the
individual whose matter is before the committee;
(c) 1 public representative.
(3) A joint panel of 4 is composed of all of the following members:
(a) 1 registrant from the same regulatory body as the individual whose matter is
before the committee;
(b) 1 registrant from a regulatory body other than the regulatory body of the
individual whose matter is before the committee;
(c) 2 public representatives.
(4) A joint panel of 5 is composed of all of the following members:
(a) 2 registrants from the same regulatory body as the individual whose matter
is before the committee;
(b) 1 registrant from a regulatory body other than the regulatory body of the
individual whose matter is before the committee;
(c) 2 public representatives.
(5) A joint panel has all the same powers as the relevant statutory committee for which
it has been convened.
Administration of pools
19 (1) A person or organization designated by the Minister to establish a pool under
Section 25 or 26 of the Act must maintain a record of current and former members
of the pool that includes all of the following information for each member:
(a) their name;
(b) their contact information;
(c) which statutory committees, including joint panels, they are or were
appointed to;
(d) for a registrant of a regulated health profession, their profession and unique
registration number.
(2) A person or organization designated by the Minister to establish a pool under
Section 25 or 26 of the Act must do all of the following:
(a) establish a competency matrix outlining the skills required for pool
members that considers the principles of equity, diversity, inclusion and
reconciliation;
(b) provide a copy of the competency matrix, and any amended versions, to the
Minister;
(c) publicly advertise to invite expressions of interest in serving as member of a
pool of public representatives for at least 30 days.
Professional Conduct
Notice of hearing
20 In addition to the requirements in Section 94 of the Act, a notice of hearing must contain
all of the following information:
(a) the names of the parties to the hearing;
(b) the date, time and location of the hearing;
(c) the format of the hearing;
(d) the allegations against the respondent;
(e) a statement that the respondent has the right to be represented by legal
counsel or another representative at the respondent’s expense;
(f) any request for an order to exclude the public;
(g) any other information the registrar determines is necessary in the public
interest.
Recording of evidence
21 Evidence presented at a hearing must be recorded by a person and in a manner
authorized by the registrar.
Preservation of evidence
22 Evidence obtained during any regulatory process must be preserved electronically or
otherwise for at least 5 years from the date the regulatory process concludes.
Roles and powers of investigators in professional conduct processes
23 (1) Subject to subsection (2) and with the approval of the chair of the complaints
committee, if there are reasonable and probable grounds to believe there is
evidence relevant to an investigation at a registrant’s place of practice, an
investigator may enter the registrant’s place of practice at any reasonable time to
examine the place of practice and any equipment, book, account, report, record or
thing found there that is relevant to the investigation.
(2) An investigator who seeks to enter a registrant’s place of practice under subsection
(1) must provide proof that they have been appointed as an investigator before
entering the place of practice.
(3) A person must not obstruct an investigator or withhold or conceal from an
investigator or destroy anything that is relevant to the investigation.
(4) This Section applies despite any provision of any Act relating to the confidentiality
of health records, except Section 9 of the Quality-improvement Information
Protection Act.
Settlement Agreements
Mediator used to prepare settlement agreement
24 (1) The parties may agree to use a mediator to prepare or negotiate a proposed
settlement agreement.
(2) The costs for a mediator must be divided equally between the regulatory body and
the respondent unless the parties agree to a different division of the costs.
Referral of settlement agreement to complaints committee
25 The procedure for addressing a proposed settlement agreement under subsection 87(3) of
the Act is for the registrar to refer the proposed agreement to the complaints committee
for consideration.
Complaints committee actions when proposed settlement agreement referred
26 (1) The complaints committee may recommend acceptance of a proposed settlement
agreement if it is satisfied that all of the following criteria are met:
(a) the public is protected;
(b) if the respondent is permitted to continue practising, the conduct or its cause
can be, or has been, successfully remedied or addressed, and, if applicable,
the respondent is likely to successfully pursue the proposed remediation or
other requirements of the proposed settlement agreement;
(c) settlement is in the best interest of the public.
(2) If the complaints committee recommends acceptance of a proposed settlement
agreement, the complaints committee must refer the proposed settlement
agreement to the professional conduct committee for consideration.
(3) If the complaints committee does not recommend acceptance of a proposed
settlement agreement, the complaints committee must do 1 of the following:
(a) recommend changes to the proposed settlement agreement that,
(i) if agreed upon by the parties would result in the complaints
committee’s recommending acceptance by the professional conduct
committee, or
(ii) if not agreed upon by the parties would result in rejection by the
complaints committee;
(b) reject the proposed settlement agreement and refer the complaint considered
by the complaints committee to the professional conduct committee for a
hearing.
Professional conduct committee actions when proposed settlement agreement referred
27 (1) The professional conduct committee may accept a proposed settlement agreement
if the criteria set out in subsection 26(1) have been met.
(2) If the professional conduct committee does not accept a proposed settlement
agreement, it must do 1 of the following:
(a) recommend changes to the proposed settlement agreement;
(b) reject the proposed settlement agreement.
(3) If both parties agree with changes recommended to a proposed settlement
agreement under clause (2)(a), the proposed agreement must be referred back to
the professional conduct committee for acceptance.
(4) If a proposed settlement agreement is rejected under subsection (2) or if both
parties do not accept changes recommended under clause (2)(a), the matter must be
referred to another panel of the professional conduct committee for a hearing.
Written decision on settlement agreement and notice
28 (1) When the professional conduct committee accepts or rejects a proposed settlement
agreement, the committee must issue a written decision that includes the reasons
for accepting or rejecting the proposed settlement agreement.
(2) The professional conduct committee must provide a copy of any decision rejecting
a proposed settlement to all of the following:
(a) the parties;
(b) any persons it considers appropriate.
(3) The professional conduct committee must provide a copy of any decision accepting
a proposed settlement agreement to the registrar for distribution and publication as
required.
(4) The professional conduct committee’s decision must be published and disclosed in
the manner directed by the professional conduct committee, subject to any
publication bans it has imposed.
New panel members
29 A person who sits on a panel of the professional conduct committee that reviews a
rejected proposed settlement agreement must not sit on a panel of the professional
conduct committee that conducts a hearing related to the same complaint.
Rejected settlement agreements and hearings
30 (1) If a proposed settlement agreement is rejected by the complaints committee or the
professional conduct committee, a hearing must proceed without reference to the
proposed settlement agreement or any admissions contained in the proposed
settlement agreement until after the professional conduct committee has
determined whether professional misconduct, conduct unbecoming, incompetence
or incapacity has been proven.
(2) Despite subsection (1), the parties may advance agreements on facts and joint
submissions during a hearing, regardless of whether a proposed settlement
agreement was rejected.
Settlement negotiations and decision to award costs in hearing
31 Before deciding whether to award costs in a hearing, a party may give the professional
conduct committee and the other party a copy of any correspondence exchanged between
the parties regarding settlement negotiations, including copies of proposed settlement
agreements.
Breach of settlement agreement
32 (1) If any term of a settlement agreement is alleged to have been breached, the matter
must be referred to the complaints committee for processing as a complaint.
(2) A member of the complaints committee or professional conduct committee who
considered a settlement agreement that is alleged to have been breached remains
eligible to serve on a committee that is considering the alleged breach.
Reinstatement
Applications for reinstatement
33 (1) An application for reinstatement of registration or reinstatement of a licence must
be in a form approved by the registrar and sent in writing to the registrar together
with the applicable application fee.
(2) The applicant must provide any information that the reinstatement committee
requires to assist it in determining whether the objects of the regulatory body will
be met if reinstatement is granted.
Investigation concerning reinstatement application
34 (1) The registrar may appoint an investigator to gather relevant and appropriate
information concerning an application for reinstatement.
(2) An investigator appointed under subsection (1) must provide a report of the
information gathered during the investigation to the registrar.
(3) The registrar must prepare a written report to the reinstatement committee and the
applicant that contains all material relevant to the application, including all of the
following:
(a) the professional conduct committee’s decision that revoked the applicant’s
registration or licence;
(b) the investigator’s report, if an investigator has been appointed under
subsection (1);
(c) any relevant information gathered during the investigation;
(d) the registrar’s position regarding the outcome of the reinstatement
application.
Notice of reinstatement hearing
35 (1) The reinstatement committee must set a date, time and format for a hearing to
review a reinstatement application and must advise the applicant of the date, time
and format of the hearing.
(2) For a hearing that is to be held in an in-person or hybrid format, the reinstatement
committee must advise the applicant of the physical location where the hearing is
to be held.
(3) For a hearing that is to be held virtually or in a hybrid format, the reinstatement
committee must provide the applicant with the electronic link to the meeting.
(4) The registrar must give public notice of a reinstatement hearing through its
website, or by any alternative means the registrar considers appropriate, including
notice of all of the following:
(a) the names of the parties to the hearing;
(b) the date, time and location of the hearing;
(c) the format of the hearing;
(d) any request for an order to exclude the public;
(e) any other information the registrar determines is necessary in the public
interest.
Attendance at hearing for review of reinstatement application
36 (1) Except as provided in subsection (2), a hearing to review a reinstatement
application is open to the public.
(2) At the request of a party, the reinstatement committee may order that the public, in
whole or in part, be excluded from a hearing, or any part of a hearing, to review a
reinstatement application if the reinstatement committee is satisfied that any of the
following apply:
(a) personal, medical, financial or other matters that may be disclosed at the
hearing are of such a nature that avoiding public disclosure of those matters
in the interest of the public interest, or any person affected outweighs
adhering to the principle that hearings should be open to the public;
(b) the safety of any person may be jeopardized by permitting public
attendance.
(3) The reinstatement committee may make an order that the public be excluded from
a part of a hearing that deals with a request for an order to exclude the public in
whole or in part under subsection (2).
(4) The reinstatement committee may make any orders it considers necessary,
including orders prohibiting publication or broadcasting of those matters, to
prevent the public disclosure of matters disclosed in a hearing or any part of a
hearing dealing with an order under subsection (2) or (3).
(5) Subject to any order made under this Section, the reinstatement committee must
state at the hearing its reasons for any order made under this Section.
Reinstatement committee may determine procedure
37 The reinstatement committee may determine its own procedures provided they are
consistent with the Act, regulations and bylaws, and is not bound by the rules of
evidence.
Witnesses at reinstatement committee hearing
38 (1) Witnesses at a hearing must testify under oath or affirmation.
(2) An oath or affirmation may be administered by any member of a reinstatement
committee or other person in attendance authorized by law to administer oaths or
affirmations.
Parties to reinstatement committee hearing
39 The parties to a hearing before the reinstatement committee are all of the following:
(a) the applicant for reinstatement;
(b) the regulatory body as represented by the registrar or a person designated by
the registrar.
Decision of reinstatement committee
40 (1) After considering the evidence and the representations from the parties, the
reinstatement committee must decide to accept or reject a reinstatement
application.
(2) The reinstatement committee must communicate its decision under subsection (1),
together with reasons, in writing to all of the following:
(a) the applicant;
(b) the registrar.
(3) If the reinstatement committee accepts a reinstatement application, the committee
may impose any restrictions and conditions it considers appropriate relating to the
reinstatement of the applicant.
Reinstatement eligibility
41 To be eligible for reinstatement, an applicant must meet the criteria for registration and
licensing and reinstatement under the Act and these regulations in addition to any
restrictions and conditions imposed by the reinstatement committee.
Costs and expenses for reinstatement application and hearing
42 (1) An applicant is responsible for all their expenses incurred in a reinstatement
application and hearing.
(2) Whether an application for reinstatement is accepted or rejected, the reinstatement
committee may make an order to recover costs from the applicant, and the costs
must be paid by the date specified in the order.
Publication of reinstatement committee’s decision
43 The reinstatement committee’s decision must be published and disclosed in the manner
directed by the reinstatement committee, subject to any publication bans it has imposed.
Submitting new application for reinstatement
44 If an application for reinstatement is rejected, the applicant must not submit a new
reinstatement application until
(a) 1 year after the date of the reinstatement committee’s prior decision to reject
their application, and on any conditions determined by the reinstatement
committee; or
(b) a date that is after the period in clause (a), as determined by the
reinstatement committee that rejected the prior reinstatement application,
and on any conditions determined by that Committee.
Costs
45 (1) The registrar may award costs against a registrant to recover expenses incurred for
a fitness-to-practise assessment.
(2) The fitness-to-practise committee may award costs against a registrant to recover
expenses incurred in the fitness-to-practise process, including the costs of a fitness-to-practise assessment, if the registrant is referred back to the registrar under
Section 129 of the Act.
Surrendering licence
46 If the resignation of a registrant is authorized under the Act or regulations, the registrant
is deemed to have surrendered their licence on the date the resignation is approved.
Practice Reviews
Establishing practice review committee
47 A regulatory body must establish a practice review committee no more than 18 months
after it is established in regulations under the Act.
Function of practice review committee
48 The function of the practice review committee is to oversee the conduct of practice
reviews in accordance with the direction of the board and the terms of reference of the
practice review committee.
Referral for practice review
49 (1) The practice review committee must refer registrants for a practice review in a
manner that is consistent with the direction of the board, which may include a
referral from the registrar or a statutory committee.
(2) A registrant referred for a practice review, and their employer, must do all of the
following:
(a) participate in and cooperate with the practice review;
(b) provide the practice review committee with any information requested;
(c) permit a reviewer appointed by the practice review committee to do the
following if the practice review committee decides it is necessary for the
purposes of the practice review:
(i) enter the registrant’s place of practice,
(ii) inspect client records,
(iii) make copies of client records.
Referral to registrar
50 (1) If, during or after a practice review, the practice review committee has reasonable
and probable grounds to believe that a matter may involve professional
misconduct, conduct unbecoming, incompetence or incapacity that cannot be
resolved through the practice review process, the practice review committee may
refer the matter to the registrar.
(2) If a matter is referred to the registrar under subsection (1), the registrar must
consider whether to file a complaint or refer the matter to the fitness-to-practise
committee or other regulatory process.
(3) If a matter is referred to the registrar under subsection (1), any documents or
material gathered, produced or created as part of the practice review process and
any decisions rendered by the practice review committee are admissible in
evidence in any regulatory process conducted under the Act, regulations or bylaws.
Quality Assurance Program
Quality assurance program for regulatory performance
51 (1) A regulatory body must participate in a quality assurance program for regulatory
performance and provide any information the Minister requires to assess the
regulatory body’s performance.
(2) The Minister may delegate the administration of a quality assurance program for
regulatory performance to a third party.
(3) A quality assurance program for regulatory performance must assess the
performance of each regulatory body on a recurring basis of no more than once
every 3 years, but at least once every 4 years.
(4) An assessment of the performance of a regulatory body may include a review of
some or all of the standards of good regulation for the regulatory body.
(5) When directed by the Minister, a regulatory body must submit an action plan to the
Minister, in a form and by a deadline directed by the Minister, to address any
standards of good regulation that have not been met.
(6) The results of an assessment under the quality assurance program for regulatory
performance must be posted publicly by the Minister and the regulatory body
within 30 days of the date the assessment is completed.
(7) An action plan ordered by the Minister must be posted publicly by the Minister and
the regulatory body.
Standards of good regulation
52 The Minister must make the standards of good regulation public and must review and
update the standards of good regulation in accordance with national and international
best practices, as needed.
Custodianship
Registrar may appoint custodian of client records
53 (1) The registrar may appoint a registrant from any existing regulator or regulatory
body to serve as a custodian to take any steps that are necessary to preserve client
records and facilitate the transfer of records if a registrant
(a) has not adequately provided for the protection of a client’s interests in their
records; and
(b) the registrant
(i) dies, disappears, is imprisoned, leaves the Province or surrenders
their licence to practise,
(ii) is struck off the register or is the subject of a suspension of licence,
(iii) has had a licensing sanction imposed, or
(iv) neglects the registrant’s practice.
(2) A custodian appointed under this Section may enter the place of practice of a
registrant and take any steps they consider necessary to protect the public.
(3) A custodian must keep all client records taken into custody and, upon a client’s
request, provide copies of the client records to any of the following people, unless
the custodian has reasonable grounds to believe it would not be in the best interest
of a client to make the information available:
(a) the client;
(b) a representative of the client;
(c) another person as directed by the client.
(4) A client must pay a reasonable fee for the records provided under subsection (3).
(5) The registrar may do any of the following:
(a) authorize the custodian to employ professional assistance to perform their
duties;
(b) direct the custodian respecting how to deal with, hold, deliver or dispose of
client records;
(c) provide for the remuneration, disbursements and indemnification of the
custodian;
(d) provide for the discharge of the custodian either before or after the
completion of their responsibilities.
(e) recover costs from a registrant whose records are under custodianship.
(6) A registrant whose client records are under custodianship may apply to the registrar
to direct the custodian to return all or part of the client records to the registrant
upon any terms consistent with the objects of a regulatory body set out in Section 6
of the Act.
(7) A registrant whose client records are under custodianship may apply for judicial
review of a decision made by the registrar under subsection (6).
(8) This Section applies to a registrant whether or not they have a current licence.
Custodian of client records
54 (1) A custodian must give notice that the custodian has possession of a registrant’s
client records to all of the following:
(a) the registrant’s clients;
(b) the general public;
(c) any other person or organization the registrar considers appropriate.
(2) A notice required by subsection (1) must be given in all of the following ways:
(a) by publishing it on the relevant regulatory body’s website;
(b) by any additional methods the registrar directs.
(3) The custodian must report to the registrar about all of the following:
(a) details about how the notice requirements under subsections (1) and (2)
were met;
(b) action taken during the custodianship, when the board requires.
(4) After receiving a custodian’s report required by subsection (3), the registrar may do
any of the following:
(a) discharge the custodian;
(b) make any order the board considers appropriate regarding any client records
in the custodian’s possession.
(5) The custodian’s compliance with an order of the registrar discharges the custodian
in respect of those client records affected by the board’s order.
Information Disclosure and Confidentiality
Mandatory disclosure between regulatory body and employer
55 When disclosing information under subsection 89(6), Section 131 or clause 160(1)(b) of
the Act, all of the following apply:
(a) personal information and personal health information may be disclosed only
if de-identified information will not accomplish the purpose for which the
information is disclosed;
(b) any personal information or personal health information disclosed must be
limited to the minimum amount necessary to accomplish the purpose for
which the information is disclosed.
Employer reporting exposure to harm
56 (1) In addition to the reporting requirements set out in Section 160 of the Act, if an
employer has reasonable grounds to believe that a registrant is exposing or is likely
to expose the public, clients, the profession or the registrant to harm or injury, the
employer must immediately report to the registrar and must specify why they
believe the registrant is exposing or is likely to expose the public to harm.
(2) In subsection (1), “employer” includes a health authority with whom
(a) the registrant holds privileges; or
(b) the registrant previously held privileges, but whose privileges were
terminated or relinquished for any of the following reasons:
(i) risk of harm or injury to themselves or others,
(ii) allegations of professional misconduct,
(iii) conduct unbecoming the profession,
(iv) incompetence,
(v) incapacity.
(3) After receiving a report under subsection (1), the registrar must immediately notify
the registrant who is the subject of the report.
Exceptions to confidentiality
57 (1) A participant in a regulatory process under the Act may disclose the fact that they
are a participant in the process to their employer.
(2) If the registrar or a participant in a regulatory process has a concern about the
health or safety of the public or an identifiable member of the public, including a
respondent, the registrar or the participant in a regulatory process may disclose to
those persons any information as is necessary to protect the health or safety of the
public or an identifiable member of the public.
(3) For the purposes of this Section, “participant in a regulatory process” includes all
of the following:
(a) the complainant;
(b) the respondent;
(c) a witness.
Permitted disclosure to extra-provincial regulatory body
58 In addition to the information that the registrar may disclose to an extra-provincial
regulatory body under clause 137(2)(b) of the Act, the registrar may also disclose to an
extra-provincial regulatory body any information that impacts the fitness or eligibility of
a registrant applying for registration or licensing with the extra-provincial regulatory
body.
Practice
Registrant may delegate
59 Nothing in the Act or regulations prevents a registrant from delegating or assigning tasks
constituting part of the scope of practice of the registrant’s designation, when done in
accordance with the relevant bylaws or standards of practice.
Applicant or registrant charged with criminal offence
60 (1) An applicant or registrant who is charged with, pleads guilty to or is convicted of
any offence under the Criminal Code (Canada) or the Controlled Drugs and
Substances Act (Canada) must immediately report the offence to the registrar.
(2) After receiving a report under subsection (1), the registrar may, by any notice the
registrar prescribes, require a registrant to attend a meeting before the complaints
committee or an applicant to attend a meeting before the registration and licensing
committee to fully disclose the facts and circumstances of the offences reported by
the applicant or registrant.
(3) Subsection (1) does not apply to an applicant or registrant for a matter for which a
pardon has been issued or a record suspension has been ordered.
Transition
Permit or licence continues until withdrawn or expires
61 A permit or licence granted to an incorporated entity by an existing regulator continues
in effect until it is withdrawn or expires.
The following regulations are not
yet in force and are not included in the current consolidation: