Nova Scotia College of Physiotherapists Professional Corporations Regulations

This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.

Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.

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Nova Scotia College of Physiotherapists Professional Corporations Regulations

made under Section 6 of the
Physiotherapy Act
S.N.S. 1998, c. 22
O.I.C. 1999-108 (March 19, 1999), N.S. Reg. 23/99
Citation
1 These regulations may be cited as the Nova Scotia College of Physiotherapists Professional Corporations Regulations.
Requirement for permit
2 A professional corporation may engage in the practice of physiotherapy upon being issued a permit pursuant to these regulations.
Application for permit
3 An application for a permit or to renew a permit shall be made to the Registrar.
Issuance of permit
4 The Registrar may issue a permit to a professional corporation that
(a) files a completed application in accordance with Form A under seal of the professional corporation;
(b) pays a fee of $25.00 on initial application;
(c) provides the Registrar with a certificate of incorporation of the company pursuant to the Companies Act, and satisfies the Registrar that the professional corporation is a company limited by shares in good standing under the Companies Act and the Corporations Registration Act, and that it is a private company as defined by the Securities Act;
(d) satisfies the Registrar that the name of the professional corporation is a fit and proper name for a professional corporation engaged in the practice of physiotherapy;
(e) satisfies the Registrar that the majority of issued shares of the professional corporation are beneficially owned by one or more physiotherapists;
(f) satisfies the Registrar that the majority of the issued voting shares of the professional corporation are legally and beneficially owned by one or more physiotherapists;
(g) satisfies the Registrar that all of the directors of the professional corporation are registered physiotherapists;
(h) provides the Registrar with written confirmation stating that the persons who will carry on the practice of physiotherapy for or on behalf of the professional corporation are physiotherapists.
5 A permit issued pursuant to Section 4 is valid for the licensing year in which it is issued.
Renewal of permit
6 A permit may be renewed upon application to the Registrar in accordance with Form B under seal of the professional corporation and upon satisfying the Registrar that the professional corporation continues to meet the conditions specified in Section 4.
7 An application to renew a permit shall be made not earlier than 90 days and not later than 30 days prior to the expiry date of the permit.
Contravention of Section 4
8 (1) Despite Section 18, where it appears to the Registrar that the professional corporation fails to meet any of the requirements specified in Section 4, the Registrar may, after giving written notice, suspend, revoke, or refuse to renew a permit issued under Section 4.
(2) Reference to the specific requirements of Section 4 which appear to the Registrar to have been contravened by the professional corporation shall be included in the notice.
Review of decision to suspend
9 Where, pursuant to Section 8, the permit of a professional corporation is suspended, revoked, or not renewed, the professional corporation may, within 15 calendar days, request that the Board review the Registrar's decision.
10 (1) Where a professional corporation requests a review by the Board pursuant to Section 9, the professional corporation shall within 30 days of receiving notice of the Registrar's decision, make written submission to the Registrar and to the Board.
(2) The Board may investigate the matter as it sees fit, and may require the professional corporation, its directors, officers, employees or shareholders to provide information and documentation to the Board.
(3) The Board may ratify, reverse or modify the decision of the Registrar, as it sees fit.
(4) Where the Board re-instates or re-issues a permit suspended, revoked or not renewed pursuant to Section 8, the Board may prescribe terms and conditions upon which re-instatement or re-issuance of a permit may be granted.
Fees payable to trustee
11 No fees or other remuneration shall be paid to any individual or company holding a non- voting share in a professional corporation or holding company as trustee except for fees payable to the trustee solely for services rendered as trustee in an amount not exceeding the fees which might be fixed by the Supreme Court of Nova Scotia pursuant to the Trustee Act, and in any such trust arrangement it shall be stipulated that such fees shall be subject to review by the court for the purpose of determining whether the fees are reasonable in the circumstances.
Display of permit
12 The professional corporation shall at all times display the current permit issued to it in a conspicuous place at its premises.
Proposed change of name
13 Where a professional corporation holding a permit proposes to change its name or operate under a business name other than its own name, it shall first satisfy the Registrar that the proposed name or business name is a fit and proper name for use by a professional corporation engaged in the practice of physiotherapy.
Changes to Memorandum of Association
14 The Memorandum of Association of the professional corporation shall not be changed without the written consent of the Registrar.
Notice pursuant to Section 80 of the Act
15 A professional corporation required to give notice to the Registrar pursuant to Section 80 of the Act shall give such notice in writing and satisfy the Registrar that it will continue to fulfil the requirements for issuance of a permit.
Conflict of interest
16 No physiotherapist shall cause or commit a professional corporation or a holding company to engage in or invest in any business that is contrary to the proper and ethical practice of physiotherapy or that creates a conflict of interest for the professional corporation or its employees.
Advertising
17 Regulations made with respect to advertising in the Nova Scotia College of Physiotherapists Registration Regulations shall apply mutatis mutandis to any professional corporation that holds a permit under Section 4 of these regulations.
Suspension of permit
18 The Registrar may suspend the permit of a professional corporation without notice or investigation where the Registrar believes that it has contravened any regulation that requires it to pay a fee or assessment, file a document, or do any other act by a specified or ascertainable date.
Re-instatement of permit
19 A permit suspended by the Registrar pursuant to Section 18 may be re-instated by the Registrar upon payment of the fee or assessment, or upon receipt of a document required to be filed, or upon any other required act being performed by the professional corporation.
Register of Professional Corporations
20 The Registrar shall maintain a Register of Professional Corporations and enter the name and address of the professional corporation upon issuance or re-issuance of a permit.
Records
21 Every professional corporation shall
(a) maintain current financial records in accordance with generally accepted accounting principles;
(b) cause financial statements to be prepared at the end of each fiscal year;
(c) maintain current patient records; and
(d) maintain, in accordance with generally accepted business standards, records with respect to its employees.
Names
22 The names and business names by which a professional corporation, a partnership of two or more professional corporations or a partnership of one or more professional corporations and one or more individual physiotherapists may be known shall
(a) be in good taste;
(b) not imply superiority of qualifications, experience or education over that of other physiotherapists.
Access to minute book records
23 Upon 7 days written notice, a professional corporation shall provide the Registrar with access to the minute book records and such other business and financial records as may be reasonably required.
Notice
24 Any notice required to be given to a professional corporation pursuant to the Act or these regulations may be by prepaid registered mail to the address indicated on the Register of Professional Corporations and shall be deemed to have been received on the third day after the notice is sent.
25 Where notice of any act or thing is required to be given to the Registrar or the Board pursuant to the Act or these regulations, it shall be in writing by prepaid registered mail and shall be deemed to have been received by the Registrar or Board, as the case may be, on the third day after the notice is sent.

Form A - Application for a Permit
(Pursuant to subsection 78(3) of the Physiotherapy Act)
Only forms that are typed or legibly printed will be accepted.
_______________________________ Limited/Incorporated ("Company”) with Registered Office at _______________________ in the _____________________ of ______________________, in the Province of Nova Scotia,
hereby applies for a permit under subsection 78(3) of the Physiotherapy Act.
1. Attached are

(a) a copy of the Company’s Certificate of Incorporation;
(b) a Certificate of Status in respect of the Company issued by the Registrar of Joint Stock Companies, under the Companies Act and the Corporations Registration Act;
(c) payment of the fee prescribed by clause 4(b) of the regulations.

2. The name of the Company is _______________________________________
3. The objects of the Company stated in its Memorandum of Association include the objects of engaging in the practice of physiotherapy and

4. The Company is a private company as defined by the Securities Act.
5. The total number of voting shares is __________________________________
6. The total number of non-voting shares is _______________________________
7. The persons who own voting shares of the Company who are not registered physiotherapists under the Physiotherapy Act are
Name Address No. & class of shares

8. The persons who own voting shares of the Company who are registered physiotherapists under the Physiotherapy Act are
Name Address No. & class of shares

9. The persons who own non-voting shares of the Company or for whom any shares of the Company are held in trust, and the trustee, if any, are
Beneficial
owner Address Trustee Address No. & class
of shares

10. The directors of the Company, each of whom is a registered physiotherapist under the Physiotherapy Act, are
Name Address

11. The President of the Company is
Name Address

12. The remaining officers of the Company are
Name Address Name Address

13. The persons who will carry on the practice of physiotherapy for or on behalf of the Company, each of whom is a registered physiotherapist under the Physiotherapy Act, are
Name Address Name Address

14. The Company undertakes that while its permit is in force, it will at all times faithfully keep and perform all of the obligations of a registered physiotherapist and comply with all of the rules and requirements of the Nova Scotia College of Physiotherapists.
15. I, _____________________ of Nova Scotia, do solemnly declare

(a) that I am a registered physiotherapist pursuant to the Physiotherapy Act;
(b) that I am a shareholder and director of the above named applicant;
(c) that the information in this application and in particular Sections 2 to 15 is true, accurate, and complete.

AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.
DECLARED AT                 , in
the County of
Province of Nova Scotia, on         the
    day of            ,      , before me:

______________________________
A Barrister of the Supreme
Court of Nova Scotia )
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_________________________
Applicant

_________________________
Physiotherapists Registration No.

(Affix Corporate Seal)

Form B - Application For Renewal of Permit
(Pursuant to subsection 78(5) of the Physiotherapy Act)
Only forms that are typed or legibly printed will be accepted.
1. The name of the professional corporation is: _______________________________________________________________________
_______________________________________________________________________
(the “professional corporation”)
2. The professional corporation is a valid and subsisting company limited by shares under the Companies Act, is registered and in good standing having paid the annual fees under the Professional Corporations Registration Act and is a private company as defined by the Securities Act.
Yes_______ No_______
3. All of the persons who carry on the practice of physiotherapy for or on behalf of the professional corporation are physiotherapists licensed to practise physiotherapy in Nova Scotia.
Yes_______ No_______
4. In the past year, have there been any changes respecting the shareholders, number of shares, share distribution, directors or officers of the professional corporation?
Yes_______ No_______
If yes, complete the relevant section(s) of Schedule A to this form and continue to Question 5. If no, go to Question 8.
5. In the past year, have there been any changes to the persons who carry on the practice of physiotherapy for and on behalf of the professional corporation?
Yes_______ No_______
If yes, complete Section 6 of Schedule A to this form and continue to Question 6. If no, go to Question 8.
6. All of the directors of the professional corporation are physiotherapists licensed to practise physiotherapy in Nova Scotia. Yes_______ No_______
7. The majority of issued shares of the professional corporation are legally and beneficially owned by one or more physiotherapists. Yes_______ No_______
8. The majority of issued voting shares of the professional corporation are legally and beneficially owned by one or more physiotherapists.
Yes_______ No_______
9. In the past year, have there been changes to the objects of the professional corporation?
Yes_______ No_______
If yes, what are the current objects as stated in the Memorandum of Association?
10. The professional corporation undertakes that while its permit is in force, it will at all times faithfully comply with all of the obligations of a registered physiotherapist and with all of the rules and requirements of the Nova Scotia College of Physiotherapists.
I, _____________________, a physiotherapist licensed to practise physiotherapy in Nova Scotia and a shareholder and director of the professional corporation, hereby verify to the Nova Scotia College of Physiotherapists that the information and particulars contained in this application form and schedule are true and complete.
Dated at                   , Nova Scotia, on the        day of                ,       .
_______________________________________
Name of Professional Corporation
_______________________________________
Director
Physiotherapist Licence No. _________________
(Affix Corporate Seal)

NOTE: Where changes have been indicated above, the
relevant sections of Schedule A must also be completed.

Form B - Schedule A
Complete, where applicable, if there have been changes in the past year.
1. Total number of:  Issued voting shares _______________________
                               Issued non-voting shares ___________________
2. Issued shares legally or beneficially owned by registered physiotherapists:
Shareholder Name & Address No. of shares Voting or non- voting
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

3. Issued shares legally or beneficially owned by shareholders other than registered physiotherapists:
Shareholder Name & Address No. of shares Voting or non- voting
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

4. Issued shares held in trust:
Beneficial Owner
& Address Trustee & Address No. of shares Voting or
Non- voting
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

5. Professional corporation directors and officers:
Name Address Title or position
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

6. The persons who will carry on the practice of physiotherapy for or on behalf of the professional corporation, each of whom is a registered physiotherapist in Nova Scotia:
Name Address
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________