Statutes of Newfoundland and Labrador 2024 Chapter 20

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

MEDICAL ACT, 2011

SNL2011 cM-4.02
as amended

1. The Medical Act, 2011 is amended by adding immediately after section 22 the following:

Registration and licensing decision appeal to council

22.1 (1) A person affected by a refusal by the registrar to register the person or to issue a licence to the person may appeal the decision to the council who may confirm the decision or direct the registrar to vary or reverse the decision.

(2) The council may appoint a person or a committee to hear an appeal in place of the council.

(3) A decision of a person or a committee appointed under subsection (2) is considered to be a decision of the council.

2. Subsection 23(1) of the Act is repealed and the following substituted:

Registration and licensing decision appeal to Supreme Court

23. (1) A person affected by a decision of the council under section 22.1 may, within 30 days after receipt of the decision, appeal the decision to a judge of the Supreme Court by filing a notice of appeal with the court and serving a copy of the notice of appeal on the registrar.

PSYCHOLOGISTS ACT, 2005

SNL2005 cP-34.1
as amended

3. (1) Subsection 4(3) of the Psychologists Act, 2005 is amended by deleting the words “he or she” and substituting the words “the person”.

(2) Subsection 4(4) of the Act is amended by deleting the words “he or she” and substituting the words “the person”.

(3) Subsection 4(6) of the Act is amended by

(a) deleting the words “his or her” and substituting the words “the person’s”; and

(b) deleting the words “him or her” and substituting the words “the person”.

4. Section 6 of the Act is amended by deleting the words “his or her” and substituting the words “the registrar's”.

5. Section 10 of the Act is amended by deleting the words “he or she” and substituting the words “the person”.

6. (1) Subsection 10.1(1) of the Act is repealed and the following substituted:

Full registration

10.1 (1) The registrar may grant full registration to a person where the person

(a) meets the requirements in section 10;

(b) completes to the board’s satisfaction the examination prescribed by the board; and

(i) where the person holds a doctoral degree, at least one year of professional experience, or

(ii) where the person holds a master’s degree, at least 2 years of professional experience

in the field of psychology satisfactory to the board that was obtained after the degree and was supervised to the satisfaction of the board.

(2) Subsection 10.1(3) of the Act is amended by

(a) deleting the words “his or her” and substituting the words “an”; and

(b) deleting the words “he or she” and substituting the words “the registered psychologist”.

7. (1) Subsection 11(1) of the Act is repealed and the following substituted:

Provisional registration

11. (1) The registrar may grant provisional registration to a person

(a) where the person meets the requirements in section 10 but does not meet the requirements in paragraphs 10.1(b) and (c); and

(b) in other circumstances considered appropriate by the board.

(2) Subsection 11(3) of the Act is amended by deleting the word "board" and substituting the word "registrar".

8. (1) Subsection 11.1(1) of the Act is repealed and the following substituted:

Temporary registration

11.1 (1) The registrar may grant temporary registration to a person where the person

(a) submits proof satisfactory to the board that the person is registered in another jurisdiction and that the registration is not subject to any terms or conditions; and

(b) pays the fee set by the board.

(2) Subsection 11.1(2) of the Act is amended by deleting the word "board" and substituting the word "registrar".

9. The Act is amended by adding immediately after section 12 the following:

Registration decision appeal to board

12.1 (1) A person affected by a decision of the registrar respecting registration may appeal the decision to the board who may confirm the decision or direct the registrar to vary or reverse the decision.

(2) The board may appoint a person or a committee to hear an appeal in place of the board.

(3) A decision of a person or a committee appointed under subsection (2) is considered to be a decision of the board.

10. (1) Subsection 13(1) of the Act is repealed and the following substituted:

Registration decision appeal to Supreme Court

13. (1) A person affected by a decision of the board under section 12.1 may, within 30 days of receipt of the decision, appeal the decision to the Supreme Court by filing a notice of appeal with the court.

(2) Subsection 13(2) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

11. Subsection 15(6) of the Act is repealed and the following substituted:

(6) Where the term of office of a member of the disciplinary panel expires, the member continues to be a member of the disciplinary panel until reappointed or replaced.

12. (1) Subsection 16(1) of the Act is amended by deleting the words “his or her” and substituting the words “the complainant’s”.

(2) Subsection 16(2) of the Act is amended by deleting the words “his or her” and substituting the words “the registrar’s”.

13. (1) Subparagraph 18(4)(a)(i) of the Act is amended by deleting the words “he or she” and substituting the words “that the person”.

(2) Subsection 18(6) of the Act is amended by

(a) deleting the words “he or she” and substituting the words “the registered psychologist or other person”; and

(b) deleting the words “of him or her”.

(3) Subsection 18(8) of the Act is amended by deleting the words “Trial Division” and substituting the words “Supreme Court”.

14. Subsection 20(2) of the Act is amended by deleting the words “his or her”.

15. Subsection 22(2) of the Act is amended by deleting the words “his or her” wherever they appear and substituting the words “the respondent’s”.

16. Subsection 23(3) of the Act is amended by deleting the words “his or her” wherever they appear and substituting the words “the respondent’s”.

17. Section 25 of the Act is amended by deleting the words “his or her” wherever they appear and substituting the words “the respondent’s”.

18. Paragraph 27(1)(b) of the Act is amended by deleting the words “his or her” and substituting the words “the respondent’s”.

19. Section 29 of the Act is amended by deleting the words “Trial Division” wherever they appear and substituting the words “Supreme Court”.

20. (1) Subsection 30(1) of the Act is repealed and the following substituted:

Appeal to Supreme Court

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

(2) Subsection 30(2) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

21. Paragraph 30.3(2)(c) of the Act is amended by deleting the words “his or her” and substituting the words “the psychologist’s”.

22. Subsection 30.4(1) of the Act is amended by

(a) deleting the words “his or her” and substituting the words “the assessor’s”; and

(b) deleting the words “him or her” and substituting the words “the psychologist”.

23. Subsection 31(2) of the Act is repealed and the following substituted:

(2) A person other than a registered psychologist who represents to the public, by a title or description of services, to be a psychologist or a person who practices psychology is guilty of an offence.

24. Section 31.1 of the Act is amended by deleting the words “his or her” wherever they appear and substituting the words “the psychologist’s”.

25. Section 31.2 of the Act is amended by deleting the words “hold himself or herself out as” and substituting the words “represent to be”.

26. Section 32 of the Act is amended by deleting the words “himself or herself” and substituting the words “the person”.

Transitional

27. (1) Where a person wishes to appeal a registration or licensing decision that was made under the Medical Act, 2011 before the coming into force of this Act, the person shall appeal that decision directly to the Supreme Court and section 23 of the Medical Act, 2011 applies.

(2) Where a person wishes to appeal a registration decision that was made under the Psychologists Act, 2005 before the coming into force of this Act, the person shall appeal that decision directly to the Supreme Court and section 13 of the Psychologists Act, 2005 applies.