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Statutes of Newfoundland and Labrador 2005


CHAPTER D-23.1

AN ACT TO REGULATE THE PRACTICE
OF DIETETICS

(Assented to December 13, 2005)

Analysis


††††††† 1. Short title

††††††† 2. Definitions

††††††† 3. College continued

††††††† 4. Holding powers

††††††† 5. College

††††††† 6. Appointment by minister

††††††† 7. Meetings of the college

††††††† 8. By-laws

††††††† 9. Membership

††††† 10. Application for registration

††††† 11. Credentials

††††† 12. Internship

††††† 13. Registration

††††† 14. Mobility

††††† 15. Seal

††††† 16. Register of dietitians

††††† 17. Fiscal year

††††† 18. Annual report

††††† 19. Annual fee

††††† 20. Misrepresentation

††††† 21. Definitions

††††† 22. Complaints and disciplinary panel

††††† 23. Allegation

††††† 24. Effect of filing allegation

††††† 25. Complaints authorization committee

††††† 26. Adjudication

††††† 27. Hearing

††††† 28. Guilty plea by respondent

††††† 29. Powers of adjudication tribunal

††††† 30. Filing and publication of decisions

††††† 31. De-registration and suspension

††††† 32. Failure to comply

††††† 33. Reinstatement and readmission

††††† 34. Costs of college

††††† 35. Appeal to Trial Division

††††† 36. Collection of fine

††††† 37. Copies admissible

††††† 38. Protection from liability

††††† 39. Regulations

††††† 40. Offence

††††† 41. Transition

††††† 42. RSNL1990 cD-23 Rep.


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

Short title

††††††† 1. This Act may be cited as the Dietitians Act.

Definitions

††††††† 2. In this Act

†††††††††††† (a)"by-laws" means the by-laws made by the college under this Act;

†††††††††††† (b)"college" means the college continued under section 3;

†††††††††††† (c)"director" means a person elected or appointed to the college;

†††††††††††† (d)"member" means a member in good standing of the college who is a registered dietitian;

†††††††††††† (e)"minister" means the minister appointed under the Executive Council Act to administer this Act;

††††††††††††† (f)"registered dietitian" means a person whose name is entered on the register; and

†††††††††††† (g)"registrar" means the registrar of the college appointed under subsection 5(7).

College continued

††††††† 3. The Newfoundland Dietetic Association is continued under the name Newfoundland and Labrador College of Dietitians as a corporation without share capital for the purposes of Part XXI of the Corporations Act.

Holding powers

††††††† 4. The college may acquire, receive, hold and enjoy property, movable or immovable, and may sell, lease, mortgage, alienate or otherwise dispose of its property.

College

††††††† 5. (1) There shall be a board responsible for governing the college which shall consist of:

†††††††††††† (a)a chairperson, vice-chairperson, treasurer and 2 other directors elected from and by members in accordance with the by-laws;

†††††††††††† (b)2 directors appointed under section 6 who are not members; and

†††††††††††† (c)the registrar appointed under subsection (7) who does not have a vote.

†††††††††††† (2)The board governs the college and may exercise the powers of the college in the name and on behalf of the college.

†††††††††††† (3)Elected directors shall serve without payment for their services, but their travel and other expenses associated with their duties as directors may be paid by the college in accordance with the by-laws.

†††††††††††† (4) A director may be elected for a term set by the by-laws which shall not exceed 3 years and is eligible to be re-elected, but shall not hold the office of director for more than 9 consecutive years.

†††††††††††† (5)An elected director may resign the office of director by written notice to the college.

†††††††††††† (6)Where an elected director resigns, dies or becomes incapable of performing the duties of a director, the remaining directors shall appoint a replacement to serve until the next annual general meeting.

†††††††††††† (7)The college shall appoint a person to act as the registrar of the college, who shall keep the register referred to in section 16.

Appointment by minister

††††††† 6. (1) The minister shall appoint 2 persons as directors of the college who are suitable to represent the public interest.

†††††††††††† (2)A director appointed under subsection (1) holds office for a term of 3 years and is eligible to be re-appointed.

†††††††††††† (3)Where a person appointed under subsection (1) holds office for a period of 9 consecutive years the person is not eligible for appointment as a director until the expiration of 12 months from the end of the year in which he or she was last a director.

†††††††††††† (4)Where the term of an appointed director expires, he or she continues to be a director until re-appointed or replaced.

†††††††††††† (5)The college shall pay the expenses of an appointed director in accordance with guidelines established by the Lieutenant-Governor in Council.

†††††††††††† (6)A person appointed under subsection (1) may resign the office of director by written notice to the minister.

Meetings of the college

††††††† 7. (1) A quorum of the college is 4 voting directors, one of whom is an appointed director.

†††††††††††† (2)Except where prohibited in the by-laws, a director may, where all the directors consent, participate in a meeting of the board by means of the telephone or other telecommunication device that permits all persons participating in the meeting to communicate with each other.

†††††††††††† (3)Where a quorum under subsection (1) exists, a majority of that number is sufficient to make a decision, and in the event of a tie the chairperson of the meeting shall cast the deciding vote.

†††††††††††† (4)The college shall hold, in accordance with the by-laws, an annual general meeting of members at which

†††††††††††† (a)the election for directors shall be held; and

†††††††††††† (b)an auditor shall be appointed to audit the accounts of the college and report on the financial statements prepared by the college.

†††††††††††† (5)The college may in its by-laws provide for voting at a meeting of the board or of members by mail or electronic means.

By-laws

††††††† 8. (1) The college may make by-laws

†††††††††††† (a)providing for the holding and procedure of meetings of the board and of members;

†††††††††††† (b)providing for other classes of membership to which the college may appoint persons to under subsection 9(2);

†††††††††††† (c)providing for the election of directors under subsection 5(4) and setting terms of office;

†††††††††††† (d)respecting the participation of directors in a meeting of the college by telephone or other telecommunications device under subsection 7(2);

†††††††††††† (e)providing for voting at a meeting of the board or of members by mail or electronic means;

††††††††††††† (f)providing for payment of travel and other expenses of elected directors;

†††††††††††† (g)establishing a code of ethics which may include a definition of "professional misconduct" and "conduct unbecoming a dietitian" for the purposes of sections 21 to 37;

†††††††††††† (h)respecting the rates of remuneration for members of an adjudication tribunal; and

††††††††††††† (i)generally, to assist in the administration of this Act and the regulations.

†††††††††††† (2)The college shall have its by-laws available for inspection by the public on reasonable notice and at reasonable hours.

†††††††††††† (3)The college may set fees and forms for the purpose and administration of the Act.

Membership

††††††† 9. (1) All persons who are registered as dietitians under section 13 are members of the college.

†††††††††††† (2)The college may appoint persons to other classes of membership in accordance with the by-laws.

Application for registration

††††† 10. A person shall apply in writing to the college to be registered as a dietitian.

Credentials

††††† 11. An applicant for registration as a dietitian shall provide with the application

†††††††††††† (a)evidence satisfactory to the college as to good character and professional reputation;

†††††††††††† (b)proof that he or she has

††††††††††††††††††††† (i)a bachelorís or equivalent degree from an educational institution whose course content is approved by the college, or

†††††††††††††††††††† (ii)a bachelorís or equivalent degree from an educational institution, and has taken additional post-secondary courses that are satisfactory to the college;

†††††††††††† (c)proof that he or she has

††††††††††††††††††††† (i)completed a dietetic internship approved by the college, or

†††††††††††††††††††† (ii)a master's degree in the study of foods or nutrition or institution administration and one year's experience in the study or practice of nutrition or dietetics or allied subjects which is acceptable to the college;

†††††††††††† (d)proof that he or she has successfully completed a registration examination based upon the professional competency requirements that the college may establish;

†††††††††††† (e)proof that he or she has obtained professional liability insurance coverage in a form and amount satisfactory to the college; and

††††††††††††† (f)payment of the fee set by the college.

Internship

††††† 12. The dietetic internship and the experience to which reference is made in section 11 shall not be approved or accepted by the college as sufficient unless, in each case, it is certified to be satisfactory by a person having knowledge of the facts and authority to certify.

Registration

††††† 13. A person who has complied with the requirements of sections 11 and 12 and the regulations and whose application for registration has been approved by the college is entitled to be entered on the register as a dietitian.

Mobility

††††† 14. The college may approve the registration of a person who is a resident of a province or territory of Canada and who is a member in good standing of a governing body of dietitians or otherwise entitled by that body to practice dietetics in that province or territory, upon proof of residence or membership or other entitlement.

Seal

††††† 15. A conveyance, mortgage, lease, release or other document executed on behalf of the college shall be executed under the seal of the college and signed by the chairperson or the vice-chairperson and the treasurer or other person that may be authorized to affix the seal to an instrument or document by resolution of the college.

Register of dietitians

††††† 16. (1) The names of the persons entitled to be registered as dietitians under section 13 shall be entered on a register with other information that the college may require.

†††††††††††† (2)The college shall have its register available for inspection by the public on reasonable notice and at reasonable hours.

†††††††††††† (3)The register, or a copy or extract of it, certified by the registrar is, in the absence of evidence to the contrary, proof that the persons whose names are entered there are registered dietitians and the absence of the name of a person from the register is in the absence of evidence to the contrary, proof that that person is not a registered dietitian.

†††††††††††† (4)The registrar shall issue to every registered dietitian a certificate of registration in the form set by the college.

Fiscal year

††††† 17. The fiscal year of the college shall be from April 1 to March 31 in the next year.

Annual report

††††† 18. (1) The college shall prepare and submit to the minister before
July 1,

†††††††††††† (a)a report on the activities of the college; and

†††††††††††† (b)the college's audited financial statements.

†††††††††††† (2)Where the college fails to comply with subsection (1), the college is guilty of an offence and on summary conviction may be fined $1,000.

Annual fee

††††† 19. The annual membership fee to be paid by each member shall become due on January 31 in each year.

Misrepresentation

††††† 20. (1) A person who is not a registered dietitian shall not take or use the titles "Dietitian" or "Registered Dietitian" or the initials "R.D." either alone or in combination with other words, letters or description that implies that the person is registered under this Act, or is entitled to be registered under this Act, or is recognized by law as a registered dietitian.

†††††††††††† (2)A person who contravenes this section is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 and in default of payment to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment.

Definitions

††††† 21. In this section and sections 22 to 37

†††††††††††† (a)"allegation" means a written document alleging that a person has engaged in conduct deserving of sanction;

†††††††††††† (b)"complainant" means a person making an allegation described in section 23;

†††††††††††† (c)"conduct deserving of sanction" includes

††††††††††††††††††††† (i)professional misconduct,

†††††††††††††††††††† (ii)professional incompetence,

††††††††††††††††††† (iii)conduct unbecoming a registered dietitian, and

††††††††††††††††††† (iv)acting in breach of this Act, the regulations or the code of ethics made under section 8;

†††††††††††† (d)"costs incurred by the board" include

††††††††††††††††††††† (i)out of pocket expenses incurred by or on behalf of the board,

†††††††††††††††††††† (ii)amounts paid by the board to members of an adjudication tribunal as remuneration and for expenses, and

††††††††††††††††††† (iii)the actual cost of legal counsel for the board and an adjudication tribunal;

†††††††††††† (e)"disciplinary panel" means the panel of persons appointed under section 22; and

††††††††††††† (f)"respondent" means a registered dietitian or former registered dietitian against whom an allegation is made.

Complaints and disciplinary panel

††††† 22. (1) The college shall appoint at least 3 directors, at least one of whom shall be a director who was appointed to represent the public interest, to constitute a complaints authorization committee.

†††††††††††† (2)The college shall appoint the chairperson and vice-chairperson of the complaints authorization committee from the persons appointed under subsection (1).

†††††††††††† (3)The registrar is not eligible to be a member of the complaints authorization committee.

†††††††††††† (4)The college shall appoint at least 10 registered dietitians who are not directors, one of whom shall be appointed to serve as chairperson, and the minister shall appoint at least 3 persons, who are not registered dietitians, to represent the public interest, who shall together constitute a disciplinary panel.

†††††††††††† (5)Of the members first appointed to the disciplinary panel, one half shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the disciplinary panel shall be for a term of 3 years.

†††††††††††† (6)Notwithstanding the expiry of his or her term, a member of the disciplinary panel continues to be a member until he or she is re-appointed or his or her replacement is appointed.

†††††††††††† (7)Persons appointed to the disciplinary panel may be reappointed.

†††††††††††† (8)A member of the disciplinary panel shall serve as a member without payment for his or her services, but may be remunerated for services as a member of an adjudication tribunal and paid his or her travel and other expenses associated with the work of that tribunal by the college, in accordance with the rates set by the by-laws.

†††††††††††† (9)The complaints authorization committee and an adjudication tribunal appointed under section 26 and a person appointed by either of them may summon a registered dietitian or other person and require him or her to give evidence, orally or in writing, upon oath or affirmation, and produce the documents and things that either of them considers necessary to the full investigation and hearing of an allegation or complaint and shall have the powers, privileges and immunities that are conferred on a commissioner appointed under the Public Inquiries Act.

Allegation

††††† 23. (1) An allegation shall be in writing and signed by the complainant or his or her solicitor, and filed with the registrar.

†††††††††††† (2)The registrar may on his or her own motion make an allegation and file it, and the allegation shall have the same effect as an allegation referred to in subsection (1).

†††††††††††† (3)Where the registrar has been informed that a respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute of another country or has been suspended by a governing body of dietitians in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming a dietitian or professional incompetence, the information shall be dealt with by the registrar as an allegation.

†††††††††††† (4)For the purpose of subsection (3), a certified copy of the record of a conviction or findings made or the action taken by an external regulatory body constitutes proof, in the absence of evidence to the contrary, of the conviction or findings made or the action taken by that body, without proof of the signature of the convicting justice or person purporting to have signed on behalf of that body.

Effect of filing allegation

††††† 24. (1) Where it appears to the registrar after notifying the respondent of the allegation that the allegation may be resolved satisfactorily and where the complainant and the respondent consent, the registrar may attempt to resolve the matter.

†††††††††††† (2)Where the allegation is not satisfactorily resolved by the registrar under subsection (1), the registrar shall refer the allegation and all other allegations to the complaints authorization committee.

†††††††††††† (3)The registrar shall inform a complainant and a respondent of the referral of the allegation to the complaints authorization committee.

Complaints authorization committee

††††† 25. (1) After an allegation has been submitted to the complaints authorization committee, the committee may exercise one or more of the following powers:

†††††††††††† (a)refer the allegation back to the registrar for an investigation or alternative dispute resolution in accordance with the regulations;

†††††††††††† (b)conduct an investigation itself or appoint a person to conduct an investigation on its behalf; and

†††††††††††† (c)require the respondent to appear before it.

†††††††††††† (2)Where the complaints authorization committee is of the opinion there are no reasonable grounds to believe the respondent has engaged in conduct deserving of sanction, the committee shall dismiss the allegation and give notice in writing of the dismissal to the complainant.

†††††††††††† (3)Where the complaints authorization committee is of the opinion that there are reasonable grounds to believe that a respondent has engaged in conduct deserving of sanction, the allegation shall be considered as constituting a complaint, and the committee may

†††††††††††† (a)counsel or caution the respondent; or

†††††††††††† (b)instruct the registrar to file the complaint against the respondent and refer it to the disciplinary panel; and

†††††††††††† (c)recommend to the college that

††††††††††††††††††††† (i)the respondentís practice be suspended or restricted, or

†††††††††††††††††††† (ii)the registrar conduct an investigation of the respondentís practice, and where the college approves an investigation the registrar shall conduct it,

at any time before a final determination by the adjudication tribunal.

†††††††††††† (4)A person conducting an investigation under paragraph (1)(a), (b) or subparagraph (3)(c)(ii) may require

†††††††††††† (a)the respondent to

††††††††††††††††††††† (i)undergo practical or other examinations he or she considers necessary and as arranged by the registrar or the college, and

†††††††††††††††††††† (ii)permit the registrar or a director or a person appointed by the complaints authorization committee to inspect and copy the records of the respondent and other documents relating to the subject matter of the investigation, and

†††††††††††† (b)another person to permit the registrar or a director or a person appointed by the complaints authorization committee to inspect and copy records and other documents relating to the subject matter of the investigation held by that person,

and the respondent or other person shall comply.

†††††††††††† (5)An action for damages does not lie against a registered dietitian or another person to whom a request is made solely because he or she provides information requested of him or her under subsection (4).

†††††††††††† (6)Where the registrar, a director or a person appointed by the complaints authorization committee requires that a respondent or another person provide information under subsection (4), that information shall be provided within 7 days of receipt of the direction to produce it or a different period as specified in the direction.

†††††††††††† (7)Where the complaints authorization committee recommends to the college that a respondentís practice be suspended, restricted or investigated the college may

†††††††††††† (a)decide not to act on the recommendation; or

†††††††††††† (b)suspend, restrict or investigate the respondentís practice.

†††††††††††† (8)A complainant whose allegation is dismissed by the complaints authorization committee under subsection (2) may, within 30 days after receiving notice of the dismissal, appeal the dismissal to the Trial Division by filing a notice of appeal with the Registrar of the Supreme Court.

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

Adjudication

††††† 26. (1) For the purpose of dealing with complaints referred to the disciplinary panel, the chairperson of the disciplinary panel shall appoint from it an adjudication tribunal consisting of 3 persons, of whom 2 shall be registered dietitians and one shall be a member of the panel appointed to represent the public interest.

†††††††††††† (2)The chairperson of the disciplinary panel shall appoint one of the registered dietitians on an adjudication tribunal to be the chairperson.

Hearing

††††† 27. (1) Where a complaint has been referred under paragraph 25(3)(b), an adjudication tribunal shall hear the complaint.

†††††††††††† (2)The parties to a hearing are the college and the respondent and a party may be represented by his or her counsel at a hearing.

†††††††††††† (3)A hearing shall be conducted in public but an adjudication tribunal may exclude the public from a hearing, or from part of it, where it considers the desirability of protecting a party to the complaint or another person against the consequences of possible disclosure of personal matters outweighs the desirability of holding the hearing in public.

Guilty plea by respondent

††††† 28. (1) Where a respondent pleads guilty to one or more of the charges set out in a complaint, the adjudication tribunal shall, without calling evidence or hearing witnesses, unless the tribunal believes it is appropriate to do so, hear submissions from the parties.

†††††††††††† (2)Where a respondent pleads guilty, and following submissions under subsection (1), the adjudication tribunal may

†††††††††††† (a)reprimand the respondent;

†††††††††††† (b)order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal;

†††††††††††† (c)allow or direct the respondent to surrender his or her registration to the college upon those conditions that may be considered appropriate and strike the respondentís name from the register;

†††††††††††† (d)impose a fine to be paid to the college, not to exceed $10,000;

†††††††††††† (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;

††††††††††††† (f)order that the registrar publish a summary of the decision including the information set out in subsection 30(4) and other information that the tribunal may specify; and

†††††††††††† (g)order that the respondent comply with one or more of the following:

††††††††††††††††††††† (i)make restitution to the complainant or other person affected by the conduct of the respondent,

†††††††††††††††††††† (ii)obtain medical treatment,

††††††††††††††††††† (iii)obtain counselling,

††††††††††††††††††† (iv)obtain substance abuse counselling or treatment, until the respondent can demonstrate to the college or other body or person designated by the adjudication tribunal that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been overcome,

†††††††††††††††††††† (v)engage in continuing education programs,

††††††††††††††††††† (vi)complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the college or other body or person designated by the adjudication tribunal,

†††††††††††††††††† (vii)report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

††††††††††††††††† (viii)restrict his or her professional practice or continue his or her practice under specified conditions, or

††††††††††††††††††† (ix)impose other requirements that are just and reasonable in the circumstances.

†††††††††††† (3)The costs incurred by the college to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

Powers of adjudication tribunal

††††† 29. (1) Upon the hearing of a complaint, an adjudication tribunal shall decide whether or not a respondent is guilty of conduct deserving of sanction.

†††††††††††† (2)Where an adjudication tribunal decides that a respondent is not guilty, it shall dismiss the complaint and may, where it believes that the submission of the complaint to the tribunal for a hearing was unreasonable,

†††††††††††† (a)order that those costs that the tribunal considers appropriate be paid by the college to the respondent; and

†††††††††††† (b)make another order that it considers appropriate.

†††††††††††† (3)Where an adjudication tribunal decides that a respondent is guilty, it may

†††††††††††† (a)reprimand the respondent;

†††††††††††† (b)order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal;

†††††††††††† (c)allow or direct the respondent to surrender his or her registration to the college upon those conditions that may be considered appropriate and strike the respondentís name from the register;

†††††††††††† (d)impose a fine to be paid to the college, not to exceed $10,000;

†††††††††††† (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;

††††††††††††† (f)order that the registrar publish a summary of the decision including the information set out in subsection 30(4) and other information that the tribunal may specify; and

†††††††††††† (g)order that the respondent comply with one or more of the following:

††††††††††††††††††††† (i)make restitution to the complainant or other person affected by the conduct of the respondent,

†††††††††††††††††††† (ii)obtain medical treatment,

††††††††††††††††††† (iii)obtain counselling,

††††††††††††††††††† (iv)obtain substance abuse counselling or treatment, until the respondent can demonstrate to the college or other body or person designated by the adjudication tribunal that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been overcome,

†††††††††††††††††††† (v)engage in continuing education programs,

††††††††††††††††††† (vi)complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the college or other body or person designated by the adjudication tribunal,

†††††††††††††††††† (vii)report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

††††††††††††††††† (viii)restrict his or her professional practice or continue his or her practice under specified conditions, or

††††††††††††††††††† (ix)impose other requirements that are just and reasonable in the circumstances.

†††††††††††† (4)The costs incurred by the college to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

Filing and publication of decisions

††††† 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 and the respondent and the respondent's employer.

†††††††††††† (2)The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 5 years after the day the decision is filed and shall upon receiving a request to view the disciplinary records in relation to a registered dietitian permit a person to view a summary of a decision where that registered dietitian was the respondent, prepared in accordance with subsection (4).

†††††††††††† (3)The registrar shall publish a summary of a decision or order of an adjudication tribunal in a newspaper of general circulation in or nearest to the community in which the respondent practises within 14 days of the filing of the decision or order, where the decision or order

†††††††††††† (a)suspends the respondent;

†††††††††††† (b)allows or directs the respondent to surrender his or her registration;

†††††††††††† (c)restricts the respondentís practice;

†††††††††††† (d)specifies conditions for the continuing practice of the respondent; or

†††††††††††† (e)requires that a summary of the decision or order be published.

†††††††††††† (4)The summary of the decision published under subsection (3) shall include

†††††††††††† (a)the name of the respondent and the address where he or she practises;

†††††††††††† (b)the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction;

†††††††††††† (c)the name of the complainant, unless the complainant has requested that his or her name be withheld;

†††††††††††† (d)the contents of the order in relation to the actions referenced in paragraphs (3)(a) to (d); and

†††††††††††† (e)other information specified for publication in the decision or order.

†††††††††††† (5)Where a decision published under this section is varied or set aside, the chairperson shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (2) and (3) apply, with the necessary changes.

De-registration and suspension

††††† 31. (1) Where a respondent is struck off the register, his or her rights and privileges under this Act cease.

†††††††††††† (2)Where a respondent is suspended, his or her rights and privileges under this Act cease for the period of suspension.

†††††††††††† (3)Where conditions or restrictions have been imposed upon a respondentís ability to carry on his or her practice, his or her rights and privileges as a registered dietitian shall be limited to the extent specified by the conditions or restrictions.

Failure to comply

††††† 32. (1) On application by the college to the disciplinary panel, an adjudication tribunal may make an order suspending the rights and privileges of a respondent where it determines that the respondent has failed to comply with a decision or an order under sections 21 to 37.

†††††††††††† (2)The parties to the application are the college and the respondent.

†††††††††††† (3)An order of an adjudication tribunal under this section may suspend the rights and privileges of the respondent for a fixed period that the adjudication tribunal may consider appropriate, or until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal.

Reinstatement and readmission

††††† 33. (1) Where a decision or order of an adjudication tribunal

†††††††††††† (a)suspends a respondent;

†††††††††††† (b)allows or directs a respondent to withdraw his or her registration;

†††††††††††† (c)restricts a respondentís practice; or

†††††††††††† (d)specifies conditions for the continuing practice of a respondent,

and, where the respondent alleges that new evidence has become available or a material change in circumstances has occurred since the making of the decision or order, the respondent may apply to the complaints authorization committee for a supplementary hearing to discharge or vary the decision or order based on the new evidence or material change in circumstances.

†††††††††††† (2)An application under subsection (1) shall be made not more than 90 days after the new evidence becomes available or the material change in circumstances has occurred.

†††††††††††† (3)Where an application is made to the complaints authorization committee under subsection (1), and the committee is of the opinion that new evidence has become available or that a material change in circumstances has occurred, as alleged by a respondent, the matter shall be referred to an adjudication tribunal as if it were a matter referred under paragraph 25(3)(b) and sections 27 to 32 apply, with the necessary changes, to the referred matter.

†††††††††††† (4)The parties to a supplementary hearing under this section are the respondent and the college.

†††††††††††† (5)For the purpose of this section, in addition to an order that an adjudication tribunal may make under section 29, a tribunal may

†††††††††††† (a)vary the original decision or order made under section 29; or

†††††††††††† (b)discharge the original decision or order, with or without conditions.

Costs of college

††††† 34. (1) Where a person who was ordered to pay the costs of the college under paragraph 28(2)(e) or 29(3)(e) fails to pay in the time required, the college may suspend the registration of that person until the costs are paid.

†††††††††††† (2)Costs ordered to be paid to the college are a debt due the college and may be recovered by a civil action.

Appeal to Trial Division

††††† 35. (1) A party aggrieved by a decision or order of an adjudication tribunal under this Act may, within 30 days after receiving notice of the decision or order, appeal the decision or order to the Trial Division by filing a notice of appeal with the Registrar of the Supreme Court.

†††††††††††† (2)An appeal under this section does not stay the decision or order being appealed unless the Trial Division orders otherwise.

Collection of fine

††††† 36. (1) Where an order is made under section 28 or 29 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 Registrar of the Supreme Court.

†††††††††††† (2) Where a certificate is filed with the Registrar of the Supreme Court under subsection (1), it has the same effect and all proceedings may be taken on the certificate as if it were a judgment of the Trial Division for the recovery of the amount stated in the certificate against the person named in the certificate.

†††††††††††† (3)A person named in a certificate filed under this section may, within 30 days after the certificate is filed, apply to a judge of the Trial Division for a review, on a question of law or jurisdiction, of the certificate.

†††††††††††† (4)On an application under subsection (3), the judge may make an amendment to the certificate that is necessary to make the certificate accord with the judgeís decision.

†††††††††††† (5)There is no appeal from a decision of a judge made under this section.

†††††††††††† (6)A certificate filed under this section may also be filed in the judgment enforcement registry on the expiration of the 30 day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act and be enforced in accordance with that Act.

Copies admissible

††††† 37. A copy or extract of a book, record, document or thing certified by

†††††††††††† (a)a member of the complaints authorization committee; or

†††††††††††† (b)a person authorized under subsection 25(4) to conduct an inspection,

who made the copy or extract under subsection 25(4) is admissible in evidence in an action, proceeding or prosecution, in the absence of evidence to the contrary, as evidence of the original book, record, document or thing and its contents.

Protection from liability

††††† 38. An action for damages does not lie against the registrar, an officer, employee or agent of the college, a member of a disciplinary panel, adjudication tribunal or the individual members of those bodies, a person appointed by the complaints authorization committee to conduct an investigation, another agent of the college or the college as a corporation for an act or failure to act or a proceeding initiated or carried out in good faith under this Act, or for carrying out duties or obligations authorized under this Act or for a decision or order made or enforced in good faith under this Act.

Regulations

††††† 39. (1) The college may, with the approval of the minister, make regulations respecting:

†††††††††††† (a)requirements for registration under section 13;

†††††††††††† (b)establishing conditions for the renewal of registration, including participation in continuing education courses, refresher courses and other activities related to the maintenance of professional standards;

†††††††††††† (c)alternative dispute resolution for the purposes of sections 21 to 37 and the procedure for that resolution; and

†††††††††††† (d)prescribing time limits for events in the disciplinary process in sections 21 to 37, including time limits for:

††††††††††††††††††††† (i)the filing of an allegation,

†††††††††††††††††††† (ii)the resolution of an allegation by the registrar,

††††††††††††††††††† (iii)the conduct of an investigation under subsection 25(1),

††††††††††††††††††† (iv)consideration of an allegation by the complaints authorization committee following completion of an investigation,

†††††††††††††††††††† (v)responding to a complainant and respondent at each stage of the process,

††††††††††††††††††† (vi)the conduct of a practice investigation under subparagraph 25(3)(c)(ii),

†††††††††††††††††† (vii)the appointment of an adjudication tribunal under section 26, and

††††††††††††††††† (viii)the conduct of a hearing and the filing of a decision or order by an adjudication tribunal following completion of the hearing.

†††††††††††† (2)Notwithstanding paragraph (1)(d), the minister may make regulations prescribing time limits for events in the disciplinary process under sections 21 to 37 where the board does not do so within a period the minister considers reasonable.

Offence

††††† 40. A person who

†††††††††††† (a)obtains or attempts to obtain an entry of his or her name in the register by making a false declaration or misrepresentation either orally or in writing, and a person who knowingly assists in the making of the declaration or misrepresentation; or

†††††††††††† (b)contravenes this Act or the regulations,

commits an offence and is liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a period of not more than three months or to both a fine and imprisonment.

Transition

††††† 41. (1) The members of the council of the Newfoundland Dietetic Association on the day before this Act comes into force are continued as directors of the college until an election is held under section 7.

†††††††††††† (2)An election to elect the 5 directors referred to in paragraph 5(1)(a) shall be held within 12 months after the day this Act comes into force.

†††††††††††† (3)The minister shall make appointments under section 6 within 30 days of the election held under subsection (2).

†††††††††††† (4)Of the directors first elected under section 7,

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

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

RSNL1990 cD-23 Rep.

††††† 42. The Dieticians Act is repealed.