Statutes of Newfoundland and Labrador 2019 Chapter 9

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2008 cR-9.1
as amended

1. (1) Paragraph 2(b) of the Registered Nurses Act, 2008 is repealed and the following substituted:

(b) "college" means the College of Registered Nurses of Newfoundland and Labrador continued by this Act;

(2) Paragraph 2(c) of the Act is amended by deleting the word "association" and substituting the word "college".

(3) Paragraph 2(d) of the Act is amended by deleting the word "association" and substituting the word "college".

(4) Paragraph 2(i) of the Act is amended by deleting the word "association" and substituting the word "college".

2. (1) Subsection 3(1) of the Act is repealed and the following substituted:

Corporation

3. (1) The Association of Registered Nurses of Newfoundland and Labrador is continued under the name the College of Registered Nurses of Newfoundland and Labrador as a corporation without share capital for the purposes of Part XXI of the Corporations Act.

(2) Subsection 3(2) of the Act is repealed.

(3) Subsection 3(3) of the Act is amended by deleting the word "association" and substituting the word "college".

(4) Paragraph 3(3)(a) of the Act is repealed and the following substituted:

(a) persons who are holders of a licence;

3. Section 4 of the Act is amended by deleting the word "association" and substituting the word "college".

4. Section 5 of the Act is amended by deleting the word "association" wherever it appears and substituting the word "college".

5. (1) Subsection 6(1) of the Act is repealed and the following substituted:

Composition of the council

6. (1) The council shall consist of

(a) 10 persons elected from and by registered nurses in accordance with the by-laws; and

(b) at least 4 persons appointed by the minister to represent the public interest who are not registered nurses.

(2) Subsection 6(4) of the Act is repealed and the following substituted:

(4) A member of the council shall be elected or appointed for a term of 3 years and is eligible for re-election or re-appointment, but shall not serve on the council for a continuous period exceeding 9 years.

6. (1) Subsection 7(1) of the Act is amended by deleting the word "association" and substituting the word "college".

(2) Subsection 7(2) of the Act is amended by deleting the word "association" wherever it appears and substituting the word "college".

(3) Paragraph 7(3)(a) of the Act is amended by deleting the word "association" and substituting the word "college".

(4) Paragraph 7(3)(b) of the Act is amended by deleting the word "associations" and substituting the word "college's".

(5) Subsection 7(5) of the Act is amended by deleting the word "association" wherever it appears and substituting the word "college".

(6) Subsection 7(6) of the Act is amended by deleting the word "association" and substituting the word "college".

7. (1) Subsection 8(1) of the Act is repealed and the following substituted:

Council officers

8. (1) The council shall elect from the persons elected or appointed under section 6

(a) a chairperson who shall preside over meetings of the college and the council; and

(b) a vice-chair person who shall, in the absence of the chairperson, preside over meetings of the college and the council.

(2) Subsections 8(2) and (3) of the Act are repealed.

(3) Subsection 8(4) of the Act is amended by deleting the word "association" and substituting the word "college".

8. (1) Paragraph 10(1)(a) of the Act is amended by deleting the word "associations" and substituting the word "college's".

(2) Paragraph 10(1)(b) of the Act is repealed and the following substituted:

(b) providing for the election of members of the council under paragraph 6(1)(a);

(3) Subsection 10(1) of the Act is amended by adding immediately after paragraph (b) the following:

(b.1) respecting the term of office of the chairperson and the vice-chairperson;

(4) Paragraph 10(1)(c) of the Act is amended by deleting the word "association" and substituting the word "college".

(5) Paragraph 10(1)(d) of the Act is amended by deleting the word "association" and substituting the word "college".

9. Subsection 11(1) of the Act is amended by adding immediately after paragraph (a) the following:

(a.1) establishing different categories of registered nurses;

10. Section 15 of the Act is amended by deleting the word "association" wherever it appears and substituting the word "college".

11. (1) Paragraph 18(d) of the Act is amended by deleting the word "association" wherever it appears and substituting the word "college".

(2) Paragraph 18(g) of the Act is repealed and the following substituted:

(g) "respondent" means a

(i) registered nurse,

(ii) former registered nurse, or

(iii) another person to whom this Act or the regulations applies or applied

against whom an allegation is made.

12. (1) Section 23 of the Act is amended by deleting the word "respondents" wherever it appears and substituting the word "respondent's".

(2) Subsection 23(8) of the Act is amended by deleting the words "Trial Division" and substituting the word "Supreme Court".

13. Subsection 25(2) of the Act is amended by deleting the word "association" and substituting the word "college".

14. (1) Section 27 of the Act is amended by deleting the word "association" wherever it appears and substituting the word "college".

(2) Paragraph 27(2)(c) of the Act is amended by deleting the word "respondents" and substituting the word "respondent's".

15. (1) Paragraph 28(2)(a) of the Act is amended by deleting the word "association" and substituting the word "college".

(2) Paragraph 28(3)(c) of the Act is amended by deleting the word "respondents" and substituting the word "respondent's".

(3) Paragraph 28(3)(d) of the Act is amended by deleting the word "association" and substituting the word "college".

(4) Paragraph 28(3)(e) of the Act is repealed and the following substituted:

(e) order that the respondent pay the costs or a part of the costs incurred by the college in the investigation and hearing of the complaint;

(5) Subsection 28(4) of the Act is amended by deleting the word "association" and substituting the word "college".

16. Paragraph 29(3)(c) of the Act is amended by deleting the word "respondents" and substituting the word "respondent's".

17. Subsection 30(4) of the Act is amended by deleting the word "respondents" and substituting the word "respondent's".

18. Section 31 of the Act is amended by deleting the word "association" wherever it appears and substituting the word "college".

19. (1) Paragraph 32(1)(c) of the Act is amended by deleting the word "respondents" and substituting the word "respondent's".

(2) Subsection 32(4) of the Act is amended by deleting the word "association" and substituting the word "college".

20. Subsection 33(2) of the Act is amended by deleting the word "association" wherever it appears and substituting the word "college".

21. (1) Subsection 34(1) of the Act is repealed and the following substituted:

Collection of fine

34. (1) Where an order is made under section 27 or 28 imposing a fine on a respondent, the college 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 Supreme Court.

(2) Subsection 34(2) of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

(3) Subsection 34(3) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

22. (1) Section 35(1) of the Act is repealed and the following substituted:

Appeal

35. (1) The college or the respondent may, within 30 days after receiving notice of a decision or order of an adjudication tribunal under this Part, appeal the decision or order or a part of it to the Supreme Court by filing a notice of appeal with the court.

(2) Subsection 35(2) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

23. Sections 37 and 38 of the Act are repealed.

Transitional

24. (1) A person who is the president immediately before the coming into force of this Act shall be the chairperson until his or her term expires.

(2) A person who is the president-elect immediately before the coming into force of this Act shall be the vice-chairperson until his or her term expires.

SNL2014 c26 Amdt.

25. (1) Section 3 of An Act to Amend the Registered Nurses Act, 2008 is amended by adding immediately after subsection 35.3(1) the following:

(1.1) Before initiating a quality assurance review under subsection (1), the Director of Professional Conduct Review may attempt to resolve the matter.

(2) Section 3 of the Act is amended by deleting in section 35.4 the word "association" and substituting the word "college".

RSNL1990 cE-9 Amdt.

26. Paragraph 2(b) of the Emergency Medical Aid Act is amended by deleting the words "Association of Registered Nurses of Newfoundland" and substituting the words "College of Registered Nurses of Newfoundland and Labrador".

RSNL1990 cG-6 Amdt.

27. Schedule B of the Government Money Purchase Pension Plan Act is amended by deleting the words "Association of Registered Nurses of Newfoundland" and substituting the words "College of Registered Nurses of Newfoundland and Labrador".

SNL2005 cL-12.1 Amdt.

28. Paragraph 2(f) of the Licensed Practical Nurses Act, 2005 is amended by deleting the words "Association of Registered Nurses of Newfoundland and Labrador" and substituting the words "College of Registered Nurses of Newfoundland and Labrador".

RSNL1990 cM-8 Amdt.

29. Paragraph 19(2)(h) of the Memorial University Pensions Act is amended by deleting the words "Association of Registered Nurses of Newfoundland" and substituting the words "College of Registered Nurses of Newfoundland and Labrador".

SNL2014 cO-9 Amdt.

30. The Schedule in the Other Post-Employment Benefits Eligibility Modification Act is amended by deleting the words "Association of Registered Nurses of Newfoundland and Labrador" and substituting the words "College of Registered Nurses of Newfoundland and Labrador".

SNL2017 cP-18.2 Amdt.

31. Subparagraph 2(1)(k)(i) of the Prescription Monitoring Act is amended by deleting the words "Association of Registered Nurses of Newfoundland and Labrador" and substituting the words "College of Registered Nurses of Newfoundland and Labrador".

NLR 82/14 Amdt.

32. Paragraph 6(c) of the Administration of Drug Therapy by Inhalation or Injection Regulations published under the Pharmacy Act, 2012 is amended by deleting the words "Association of Registered Nurses of Newfoundland and Labrador" and substituting the words "College of Registered Nurses of Newfoundland and Labrador".

NLR104/09 Amdt.

33. Section 4 of the Pharmacy Network Regulations published under the Personal Health Information Act is amended by deleting the words "Association of Registered Nurses of Newfoundland and Labrador" and substituting the words "College of Registered Nurses of Newfoundland and Labrador".

Commencement

34. This Act comes into force on September 1, 2019.