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This is an official version. Copyright © 2022: Queen's Printer, Important Information
Statutes of Newfoundland and Labrador 2022 AN ACT TO AMEND VARIOUS ACTS OF THE PROVINCE RESPECTING THE PUBLICATION OF A SUMMARY OF A DECISION OR ORDER OF AN ADJUDICATION TRIBUNAL (Assented to June 1, 2022) Analysis 1. Short title CHIROPRACTORS ACT, 2009 2.
S.28 Amdt. 3.
S.29 Amdt. 4.
S.30 R&S DENTAL ACT, 2008 5.
S.34 Amdt. 6.
S.35 Amdt. 7.
S.36 R&S DENTURISTS ACT, 2005 8.
S.20 Amdt. 9.
S.21 Amdt. 10.
S.22 R&S DIETITIANS ACT 11.
S.28 Amdt. 12.
S.29 Amdt. 13.
S.30 R&S DISPENSING OPTICIANS ACT, 2005 14.
S.20 Amdt. 15.
S.21 Amdt. 16.
S.22 R&S HEALTH PROFESSIONS ACT 17.
S.42 Amdt. 18.
S.43 Amdt. 19.
S.44 R&S HEARING AID PRACTITIONERS ACT 20.
S.19 Amdt. 21.
S.20 Amdt. 22.
S.21 R&S LICENSED PRACTICAL NURSES ACT, 2005 23.
S.20 Amdt. 24.
S.21 Amdt. 25.
S.22 R&S MASSAGE THERAPY ACT, 2005 26.
S.20 Amdt. 27.
S.21 Amdt. 28.
S.22 R&S MEDICAL ACT, 2011 29.
S.48 Amdt. 30.
S.49 Amdt. 31.
S.50 R&S OCCUPATIONAL THERAPISTS ACT, 2005 32.
S.20 Amdt. 33.
S.21 Amdt. 34.
S.22 R&S OPTOMETRY ACT, 2012 35.
S.34 Amdt. 36.
S.35 Amdt. 37.
S.36 R&S PHARMACY ACT, 2012 38.
S.43 Amdt. 39.
S.44 Amdt. 40.
S.45 R&S PHYSIOTHERAPY ACT, 2006 41.
S.23 Amdt. 42.
S.24 Amdt. 43.
S.25 R&S PSYCHOLOGISTS ACT, 2005 44.
S.22 Amdt. 45.
S.23 Amdt. 46.
S.24 R&S REGISTERED NURSES ACT, 2008 47.
S.27 Amdt. 48.
S.28 Amdt. 49.
S.29 R&S SOCIAL WORKERS ACT 50.
S.31 Amdt. 51.
S.32 Amdt. 52.
S.33 R&S Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This
Act may be cited as the Publication of
Adjudication Tribunal Decisions Amendment Act. CHIROPRACTORS ACT, 2009 SNL2009 cC-14.01 as amended 2. Paragraph 28(2)(f) of the Chiropractors Act, 2009 is amended by
deleting the reference "subsection 30(4)" and substituting the
reference "subsection 30(7)". 3. Paragraph 29(3)(f) of the Act is amended by deleting the reference "subsection 30(4)" and substituting the reference "subsection 30(7)". 4. (1) Section
30 of the Act is repealed and the following substituted: Filing and publication of decisions 30. (1) An adjudication tribunal shall file a decision
or order made under subsection 28(2) or 29(3) with the registrar and provide a
copy to the complainant, the respondent and the respondent's employer. (2) The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period provided in section 36, where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's licence; (c) restricts the 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) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the board's website; or (b) where the board does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a
period of not less than 3 months, or (ii) where
one or more of the following apply, for a period not less than the period
referred to in clause (A), (B) or (C), as applicable: (A) where
the respondent is suspended for a period greater than 3 months, the period of
suspension, (B) where
the respondent’s practice is restricted for a period greater than 3 months, the
period of restriction, or (C) where
conditions are imposed for the continuing practice of the respondent for a
period greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the board’s annual report or another publication approved by the board. (7) Unless a court
orders otherwise, the summary of the decision or order published under this
section shall include (a) the name of the respondent and the address where the respondent practises; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the board may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. DENTAL ACT, 2008 SNL2008 cD-6.1 5. Paragraph 34(2)(f) of the Dental Act, 2008 is amended by deleting the reference "subsection 36(4)" and substituting the reference "subsection 36(7)". 6. Paragraph 35(3)(f) of the Act is amended by deleting the reference "subsection 36(4)" and substituting the reference "subsection 36(7)". 7. Section 36 of the Act is repealed and the following substituted: Filing and publication of decisions 36. (1) An adjudication tribunal shall file a decision or order made under subsection 34(2) or 35(3) with the registrar and provide a copy to the complainant, the respondent, the respondent's employer and the minister. (2) The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period provided in section 42 where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's licence; (c) restricts the 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) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the board's website; or (b) where the board does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a
period of not less than 3 months, or (ii) where
one or more of the following apply, for a period not less than the period
referred to in clause (A), (B) or (C), as applicable: (A) where
the respondent is suspended for a period greater than 3 months, the period of
suspension, (B) where
the respondent’s practice is restricted for a period greater than 3 months, the
period of restriction, or (C) where
conditions are imposed for the continuing practice of the respondent for a
period greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the board’s annual report or another publication approved by the board. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent practises; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the board may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. DENTURISTS ACT, 2005 SNL2005 cD-7.1 8. Paragraph 20(2)(f) of the Denturists Act, 2005 is amended by
deleting the reference "subsection 22(4)" and substituting the
reference "subsection 22(7)". 9. Paragraph 21(3)(f) of the Act is amended by
deleting the reference "subsection 22(4)" and substituting the
reference "subsection 22(7)". 10. Section 22 of the Act is repealed and the following substituted: Filing and publication of decisions 22. (1) An adjudication tribunal shall file a decision or order made under subsection 20(2) or 21(3) with the registrar and provide a copy to the complainant, the respondent and the respondent's employer. (2) The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period provided in section 28, where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's licence; (c) restricts the 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) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the board's website; or (b) where the board does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a
period of not less than 3 months, or (ii) where
one or more of the following apply, for a period not less than the period
referred to in clause (A), (B) or (C), as applicable: (A) where
the respondent is suspended for a period greater than 3 months, the period of
suspension, (B) where
the respondent’s practice is restricted for a period greater than 3 months, the
period of restriction, or (C) where
conditions are imposed for the continuing practice of the respondent for a
period greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the board’s annual report or another publication approved by the board. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent practises; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the board may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. DIETITIANS ACT SNL2005 cD-23.1 as amended 11. Paragraph 28(2)(f) of the Dietitians Act is amended by deleting
the reference "subsection 30(4)" and substituting the reference
"subsection 30(7)". 12. Paragraph 29(3)(f) of the Act is amended by deleting the reference
"subsection 30(4)" and substituting the reference "subsection
30(7)". 13. Section 30 of the Act is repealed and the
following substituted: Filing and publication of decisions 30. (1) An adjudication tribunal shall file a decision or order made under subsection 28(2) or 29(3) with the registrar and provide a copy to the complainant, the respondent and the respondent's employer. (2) The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period provided in section 35, where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's registration; (c) restricts the 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) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the college's website; or (b) where the college does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a
period of not less than 3 months, or (ii) where
one or more of the following apply, for a period not less than the period
referred to in clause (A), (B) or (C), as applicable: (A) where
the respondent is suspended for a period greater than 3 months, the period of
suspension, (B) where
the respondent’s practice is restricted for a period greater than 3 months, the
period of restriction, or (C) where
conditions are imposed for the continuing practice of the respondent for a
period greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the college’s annual report or another publication approved by the college. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent practises; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the college may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. DISPENSING OPTICIANS ACT, 2005 SNL2005 c.D-25.1 as amended 14. Paragraph 20(2)(f) of the Dispensing Opticians Act, 2005 is
amended by deleting the reference "subsection 22(4)" and substituting
the reference "subsection 22(7)". 15. Paragraph 21(3)(f) of the Act is amended by deleting the reference
"subsection 22(4)" and substituting the reference "subsection 22(7)". 16. Section 22 of the Act is repealed and the following substituted: Filing and publication of decisions 22. (1) An adjudication tribunal shall file a decision or order made under subsection 20(2) or 21(3) with the registrar and provide a copy to the complainant, the respondent and the respondent's employer. (2) The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period provided in section 28, where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's licence; (c) restricts the 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) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the board's website; or (b) where the board does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a
period of not less than 3 months, or (ii) where
one or more of the following apply, for a period not less than the period
referred to in clause (A), (B) or (C), as applicable: (A) where
the respondent is suspended for a period greater than 3 months, the period of
suspension, (B) where
the respondent’s practice is restricted for a period greater than 3 months, the
period of restriction, or (C) where
conditions are imposed for the continuing practice of the respondent for a period
greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the board’s annual report or another publication approved by the board. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent practises; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the board may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. HEALTH PROFESSIONS ACT SNL2010 cH-1.02 as amended 17. Paragraph
42(2)(f) of the Health Professions Act is
amended by deleting the reference "subsection 44(4)" and substituting
the reference "subsection 44(7)". 18. Paragraph 43(3)(f) of the Act is amended by deleting the reference
"subsection 44(4)" and substituting the reference "subsection
44(7)". 19. Section 44 of the Act is repealed and the following substituted: Filing and publication of decisions 44. (1) An adjudication tribunal shall file a decision or order made under subsection 42(2) or 43(3) and its reasons with the registrar and provide a copy to the complainant, the respondent and the respondent's employer. (2) The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period in section 50, where the decision or order (a) suspends the
respondent; (b) allows or directs the surrender of the respondent's registration; (c) restricts the 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) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the council's website; or (b) where the council does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a
period of not less than 3 months, or (ii) where
one or more of the following apply, for a period not less than the period
referred to in clause (A), (B) or (C), as applicable: (A) where
the respondent is suspended for a period greater than 3 months, the period of
suspension, (B) where
the respondent’s practice is restricted for a period greater than 3 months, the
period of restriction, or (C) where conditions are imposed for the continuing practice of the respondent for a period greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the council’s annual report or another publication approved by the council. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent practises; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the council may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. HEARING AID PRACTITIONERS ACT SNL2005 cH-2.01 as amended 20. Paragraph 19(2)(f) of the Hearing Aid Practitioners Act is amended
by deleting the reference "subsection 21(4)" and substituting the
reference "subsection 21(7)". 21. Paragraph 20(3)(f) of the Act is amended by deleting the reference
"subsection 21(4)" and substituting the reference "subsection
21(7)". 22. Section 21 of the Act is repealed and the
following substituted: Filing and publication of decisions 21. (1) An adjudication tribunal shall file a decision or order made under subsection 19(2) or 20(3) with the registrar and provide a copy to the complainant, the respondent and the respondent's employer. (2) The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period provided in section 27, where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's licence; (c) restricts the 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) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the board's website; or (b) where the board does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a
period of not less than 3 months, or (ii) where
one or more of the following apply, for a period not less than the period
referred to in clause (A), (B) or (C), as applicable: (A) where
the respondent is suspended for a period greater than 3 months, the period of
suspension, (B) where
the respondent’s practice is restricted for a period greater than 3 months, the
period of restriction, or (C) where
conditions are imposed for the continuing practice of the respondent for a
period greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the board’s annual report or another publication approved by the board. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent practises; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision
or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the board may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. LICENSED PRACTICAL NURSES ACT, 2005 SNL2005 cL-12.1 as amended 23. Paragraph 20(2)(f) of the Licensed Practical Nurses Act, 2005 is
amended by deleting the reference "subsection 22(4)" and substituting
the reference "subsection 22(7)". 24. Paragraph 21(3)(f) of the Act is amended by deleting the reference
"subsection 22(4)" and substituting the reference "subsection
22(7)". 25. Section 22 of the Act is repealed and the
following substituted: Filing and publication of decisions 22. (1) An adjudication tribunal shall file a decision or order made under subsection 20(2) or 21(3) with the registrar and provide a copy to the complainant, the respondent and the respondent's employer. (2) The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period provided in section 28, where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's licence; (c) restricts the 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) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the college's website; or (b) where the college does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a
period of not less than 3 months, or (ii) where
one or more of the following apply, for a period not less than the period
referred to in clause (A), (B) or (C), as applicable: (A) where
the respondent is suspended for a period greater than 3 months, the period of
suspension, (B) where
the respondent’s practice is restricted for a period greater than 3 months, the
period of restriction, or (C) where
conditions are imposed for the continuing practice of the respondent for a
period greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the college’s annual report or another publication approved by the college. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent practises; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the college may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. MASSAGE THERAPY ACT, 2005 SNL2005 cM-1.2 26. Paragraph 20(2)(e) of the Massage Therapy Act, 2005 is amended by
deleting the reference "subsection 22(4)" and substituting the
reference "subsection 22(7)". 27. Paragraph 21(3)(e) of the Act is amended by deleting the reference
"subsection 22(4)" and substituting the reference "subsection
22(7)". 28. Section 22 of the Act is repealed and the
following substituted: Filing and publication of decisions 22. (1) An adjudication tribunal shall file a decision or order made under subsection 20(2) or 21(3) with the registrar and provide a copy to the complainant, the respondent and the respondent's employer. (2) The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period provided in section 28, where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's licence; (c) restricts the 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) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the college's website; or (b) where the college does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a
period of not less than 3 months, or (ii) where
one or more of the following apply, for a period not less than the period
referred to in clause (A), (B) or (C), as applicable: (A) where
the respondent is suspended for a period greater than 3 months, the period of
suspension, (B) where
the respondent’s practice is restricted for a period greater than 3 months, the
period of restriction, or (C) where conditions are imposed for the continuing practice of the respondent for a period greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the college’s annual report or another publication approved by the college. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent practises; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the college may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. MEDICAL ACT, 2011 SNL2011 cM-4.02 as amended 29. Paragraph 48(2)(f) of the Medical Act, 2011 is amended by deleting
the reference "subsection 50(4)" and substituting the reference
"subsection 50(7)". 30. Paragraph 49(3)(f) of the Act is amended by deleting the reference
"subsection 50(4)" and substituting the reference "subsection
50(7)". 31. Section 50 of the Act is repealed and the following substituted: Filing and publication of decisions 50. (1) An adjudication tribunal shall file a decision or order made under subsection 48(2) or 49(3) with the registrar and provide a copy to the complainant, respondent, respondent's employer, respondent's sponsor and minister. (2) The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period under section 56, where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's licence; (c) restricts the 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) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the council's website; or (b) where the council does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a
period of not less than 3 months, or (ii) where
one or more of the following apply, for a period not less than the period
referred to in clause (A), (B) or (C), as applicable: (A) where
the respondent is suspended for a period greater than 3 months, the period of
suspension, (B) where
the respondent’s practice is restricted for a period greater than 3 months, the
period of restriction, or (C) where
conditions are imposed for the continuing practice of the respondent for a
period greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the council’s annual report or another publication approved by the council. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent practises; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the council may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. OCCUPATIONAL THERAPISTS ACT, 2005 SNL2005 cO-4.1 32. Paragraph 20(2)(f) of the Occupational Therapists Act, 2005 is
amended by deleting the reference "subsection 22(4)" and substituting
the reference "subsection 22(7)". 33. Paragraph 21(3)(f) of the Act is amended by deleting the reference
"subsection 22(4)" and substituting the reference "subsection
22(7)". 34. Section 22 of the Act is repealed and the
following substituted: Filing and publication of decisions 22. (1) An adjudication tribunal shall file a decision or order made under subsection 20(2) or 21(3) with the chairperson and provide a copy to the complainant, the respondent and the respondent's employer. (2) The chairperson shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The chairperson shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period provided in section 28, where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's licence; (c) restricts the 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) Where the chairperson is required to publish a summary of a decision or order under subsection (3), the chairperson shall (a) publish the summary of the decision or order on the board's website; or (b) where the board does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the chairperson publishes a summary of a decision or order in accordance with subsection (4), the chairperson shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a
period of not less than 3 months, or (ii) where
one or more of the following apply, for a period not less than the period
referred to in clause (A), (B) or (C), as applicable: (A) where
the respondent is suspended for a period greater than 3 months, the period of
suspension, (B) where
the respondent’s practice is restricted for a period greater than 3 months, the
period of restriction, or (C) where
conditions are imposed for the continuing practice of the respondent for a
period greater than 3 months, the period during which conditions are imposed. (6) Where the chairperson publishes a summary of a decision or order in accordance with subsection (4), the chairperson may also publish a summary of the decision or order in the board’s annual report or another publication approved by the board. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent practises; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the chairperson shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The chairperson may give notice of the decision or order and information respecting the decision or order to the other persons the board may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the chairperson from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. OPTOMETRY ACT, 2012 SNL2012 cO-7.02 as amended 35. Paragraph 34(2)(f) of the Optometry Act, 2012 is amended by
deleting the reference "subsection 36(4)" and substituting the
reference "subsection 36(7)". 36. Paragraph 35(3)(f) of the Act is amended by deleting the reference
"subsection 36(4)" and substituting the reference "subsection
36(7)". 37. Section 36 of the Act is repealed and the following substituted: Filing and publication of decisions 36. (1) An adjudication tribunal shall file a decision or order made under subsection 34(2) or 35(3) with the registrar and provide a copy to the complainant, the respondent and the respondent's employer. (2) The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period provided in section 42, where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's licence; (c) restricts the 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) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the college's website; or (b) where the college does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a
period of not less than 3 months, or (ii) where
one or more of the following apply, for a period not less than the period
referred to in clause (A), (B) or (C), as applicable: (A) where
the respondent is suspended for a period greater than 3 months, the period of
suspension, (B) where
the respondent’s practice is restricted for a period greater than 3 months, the
period of restriction, or (C) where
conditions are imposed for the continuing practice of the respondent for a
period greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the college’s annual report or another publication approved by the council. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent practises; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the council may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. PHARMACY ACT, 2012 SNL2012 cP-12.2 as amended 38. Paragraph 43(2)(f) of the Pharmacy Act, 2012 is amended by
deleting the reference "subsection 45(4)" and substituting the
reference "subsection 45(7)". 39. Paragraph 44(3)(f) of the Act is amended by deleting the reference
"subsection 45(4)" and substituting the reference "subsection
45(7)". 40. Section 45 of the Act is repealed and the
following substituted: Filing and publication of decisions 45. (1) An adjudication tribunal shall file a decision or order made under subsection 43(2) or 44(3) with the registrar and provide a copy to the complainant, the respondent, the respondent's employer and the minister. (2) The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period provided in section 51, where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's licence; (c) restricts the 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) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the board's website; or (b) where the board does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a
period of not less than 3 months, or (ii) where one
or more of the following apply, for a period not less than the period referred
to in clause (A), (B) or (C), as applicable: (A) where
the respondent is suspended for a period greater than 3 months, the period of
suspension, (B) where
the respondent’s practice is restricted for a period greater than 3 months, the
period of restriction, or (C) where
conditions are imposed for the continuing practice of the respondent for a
period greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the board’s annual report or another publication approved by the board. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent practises; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the board may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. PHYSIOTHERAPY ACT, 2006 SNL2006 cP-13.1 as amended 41. Paragraph 23(2)(f) of the Physiotherapy Act, 2006 is amended by
deleting the reference "subsection 25(4)" and substituting the
reference "subsection 25(7)". 42. Paragraph 24(3)(f) of the Act is amended by deleting the reference
"subsection 25(4)" and substituting the reference "subsection
25(7)". 43. Section 25 of the Act is repealed and the
following substituted: Filing and publication of decisions 25. (1) An adjudication tribunal shall file a decision or order made under subsection 23(2) or 24(3) with the registrar and provide a copy to the complainant, respondent, respondent's employer and respondent's sponsor. (2) The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period provided in section 31, where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's certificate of registration; (c) restricts the 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) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the council's website; or (b) where the council does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a
period of not less than 3 months, or (ii) where
one or more of the following apply, for a period not less than the period
referred to in clause (A), (B) or (C), as applicable: (A) where
the respondent is suspended for a period greater than 3 months, the period of
suspension, (B) where
the respondent’s practice is restricted for a period greater than 3 months, the
period of restriction, or (C) where
conditions are imposed for the continuing practice of the respondent for a
period greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the council's annual report or another publication approved by the council. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent practises; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the council may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. PSYCHOLOGISTS ACT, 2005 SNL2005 cP-34.1 as amended 44. Paragraph 22(2)(f) of the Psychologists Act, 2005 is amended by
deleting the reference "subsection 24(4)" and substituting the
reference "subsection 24(7)". 45. Paragraph 23(3)(f) of the Act is amended by deleting the reference
"subsection 24(4)" and substituting the reference "subsection 24(7)". 46. Section 24 of the Act is repealed and the following substituted: Filing and publication of decisions 24. (1) An adjudication tribunal shall file a decision or order made under subsection 22(2) or 23(3) with the registrar and provide a copy to the complainant, the respondent, the respondent's employer, if applicable, and the respondent's provisional registration professional experience supervisor, if applicable. (2) The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period provided in section 30, where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's registration; (c) restricts the 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) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the board's website; or (b) where the board does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a
period of not less than 3 months, or (ii) where
one or more of the following apply, for a period not less than the period
referred to in clause (A), (B) or (C), as applicable: (A) where
the respondent is suspended for a period greater than 3 months, the period of
suspension, (B) where
the respondent’s practice is restricted for a period greater than 3 months, the
period of restriction, or (C) where
conditions are imposed for the continuing practice of the respondent for a
period greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the board’s annual report or another publication approved by the board. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent practises; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the board may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. REGISTERED NURSES ACT, 2008 SNL2008 cR-9.1 47. Paragraph 27(2)(f) of the Registered Nurses Act, 2008 is amended
by deleting the reference "subsection 29(4)" and substituting the
reference "subsection 29(7)". 48. Paragraph 28(3)(f) of the Act is amended by deleting the reference
"subsection 29(4)" and substituting the reference "subsection
29(7)". 49. Section 29 of the Act is repealed and the
following substituted: Filing and publication of decisions 29. (1) An adjudication tribunal shall file a decision or order made under subsection 27(2) or 28(3) with the Director of Professional Conduct Review and provide a copy to the complainant, the respondent and the respondent's employer. (2) The Director of Professional Conduct Review shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The Director of Professional Conduct Review shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period provided in section 35 where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's licence; (c) restricts the 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) Where the Director of Professional Conduct Review is required to publish a summary of a decision or order under subsection (3), the Director of Professional Conduct Review shall (a) publish the summary of the decision or order on the college's website; or (b) where the college does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the Director of Professional Conduct Review publishes a summary of a decision or order in accordance with subsection (4), the Director of Professional Conduct Review shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a
period of not less than 3 months, or (ii) where
one or more of the following apply, for a period not less than the period
referred to in clause (A), (B) or (C), as applicable: (A) where
the respondent is suspended for a period greater than 3 months, the period of
suspension, (B) where
the respondent’s practice is restricted for a period greater than 3 months, the
period of restriction, or (C) where
conditions are imposed for the continuing practice of the respondent for a
period greater than 3 months, the period during which conditions are imposed. (6) Where the Director of Professional Conduct Review publishes a summary of a decision or order in accordance with subsection (4), the Director of Professional Conduct Review may also publish a summary of the decision or order in the college’s annual report or another publication approved by the council. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent practises; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the Director of Professional Conduct Review shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The Director of Professional Conduct Review may give notice of the decision or order and information respecting the decision or order to the other persons the council may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the Director of Professional Conduct Review from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. SOCIAL WORKERS ACT SNL2010 cS-17.2 as amended 50. Paragraph 31(2)(f) of the Social Workers Act is amended by
deleting the reference "subsection 33(4)" and substituting the
reference "subsection 33(7)". 51. Paragraph 32(3)(f) of the Act is amended by deleting the reference
"subsection 33(4)" and substituting the reference "subsection
33(7)". 52. Section 33 of the Act is repealed and the
following substituted: Filing and publication of decisions 33. (1) An adjudication tribunal shall file a decision or order made under subsection 31(2) or 32(3) with the registrar and provide a copy to the complainant, the respondent and the respondent's employer. (2) The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period under section 39, where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's registration; (c) restricts the 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) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the board's website; or (b) where the board does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a
period of not less than 3 months, or (ii) where
one or more of the following apply, for a period not less than the period
referred to in clause (A), (B) or (C), as applicable: (A) where
the respondent is suspended for a period greater than 3 months, the period of
suspension, (B) where
the respondent’s practice is restricted for a period greater than 3 months, the
period of restriction, or (C) where conditions are imposed for the continuing practice of the respondent for a period greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the board’s annual report or another publication approved by the board. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent practises; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the board may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. ©Queen's Printer |