This is an official version.

 

Copyright © 2022: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

 

Table of Public Statutes

Main Site

How current is this statute?

 
 

Responsible Department

 
 

SNL2008 CHAPTER R-9.1

REGISTERED NURSES ACT, 2008

Amended:

2009 c30 s14; 2012 c35 s16; 2013 c16 s25; 2014 c7 s17;
2014 c26; 2019 c9; 2019 c28; 2022 c6

CHAPTER R-9.1

AN ACT RESPECTING REGISTERED NURSES

(Assented to June 4, 2008 )

Analysis


       
1.   Short title

       
2.   Definitions

       
3.   Corporation

       
4.   Objects

       
5.   Council

       
6.   Composition of the council

       
7.   Annual meeting

       
8.   Council officers

       
9.   Quorum

     
10.   By-laws

     
11.   Regulations

     
12.   Fees

     
13.   Register

     
14.   Qualification for registration and licensing

     
15.   Registers of registered nurses

     
16.   Requirements to practise

     
17.   Penalties

     
18.   Definitions

     
19.   Committees

     
20.   Report by registered nurse

     
21.   Allegation

     
22.   Effect of filing allegation

     
23.   Complaints authorization committee

     
24.   Adjudication tribunal

     
25.   Hearing

     
26.   Copies of books, etc. as evidence

     
27.   Guilty plea by respondent

     
28.   Powers of adjudication tribunal

     
29.   Filing and publication of decisions

     
30.   De-registration and suspension

     
31.   Failure to comply

     
32.   Reinstatement and readmission

     
33.   Costs of the council

     
34.   Collection of fine

     
35.   Appeal

   
35.1   Quality assurance committee

   
35.2   Registered nurse shall comply

   
35.3   Conduct of review

   
35.4   Costs

   
35.5   Termination of review

     
36.   Other care givers

     
37.   Rep. by 2019 c9 s23

     
38.   Rep. by 2019 c9 s23

     
39.   Protection from liability

     
40.   Offence

     
41.   Penalty

     
42.   Transition

     
43.   RSNL1990 cR-9 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 Registered Nurses Act, 2008.

2008 cR-9.1 s1

Back to Top

Definitions

        2. In this Act

             (a)  "annual licence" means a licence issued to a member under subsection 14 (2);

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

             (c)  "council" means the council of the college;

             (d)  "executive director" means an employee appointed by the council to carry out the duties assigned by this Act and the by-laws of the college;

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

             (f)  "nurse practitioner" means

                      (i)  a registered nurse who has successfully completed a course of study prescribed by the council and is licensed to practise as a nurse practitioner under this Act, or

                     (ii)  a registered nurse who, in the opinion of the council, has knowledge and skills sufficient as prescribed by the regulations to be licensed to practise as a nurse practitioner under this Act;

             (g)  "practice" means the practice of nursing;

             (h)  "register" means the register referred to in section 15 ;

              (i)  "registered nurse" means a person who is registered as a member of the college; and

              (j)  "registration" means the entry of a name in the register.

2008 cR-9.1 s2; 2019 c9 s1

Back to Top

Corporation

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

             (2)  [Rep. by 2019 c9 s2]

             (3)  The following persons shall, notwithstanding anything contained in the by-laws, be members of the college:

             (a)  persons who are holders of a licence;

             (b)  persons whose names appear on the register but who do not hold a licence; and

             (c)  persons who the council may appoint as honorary members.

2008 cR-9.1 s3; 2019 c9 s2

Back to Top

Objects

        4. The objects of the college are, in the interest of the public of the province,

             (a)  to advance and promote the ethical and professional standards of the nursing profession;

             (b)  to promote proficiency and competency in the nursing profession; and

             (c)  to encourage its members to participate in activities promoting the health and well-being of the public.

2008 cR-9.1 s4; 2019 c9 s3

Back to Top

Council

        5. (1) The council of the college, which shall govern the college, is continued.

             (2)  The members of the council are the directors of the college.

2008 cR-9.1 s5; 2019 c9 s4

Back to Top

Composition of the council

        6. (1) The council shall consist of

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

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

             (2)  Where a vacancy occurs in the membership of the council as a result of the death, retirement, resignation or incapacity to act of that member, the vacancy shall be filled

             (a)  in the case of an elected member, by an election in accordance with the by-laws; and

             (b)  in the case of another member, by appointment in the manner provided in paragraph (1)(b).

             (3)  When a vacancy is filled under subsection (2), the person filling the vacancy shall serve only for the remainder of the term of office of the member being replaced, and that person is eligible for re-election or reappointment.

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

             (5)  Where the term of office of a member of the council expires and a successor has not been elected or appointed, that member may continue to hold office until a successor is elected or appointed but time served by that member under this subsection shall not be counted for the purpose of subsection (4).

2008 cR-9.1 s6; 2019 c9 s5

Back to Top

Annual meeting

        7. (1) The college shall hold an annual general meeting in accordance with the by-laws.

             (2)  At its annual general meeting the college shall

             (a)  appoint an auditor to audit the accounts of the college and to report on the financial statements of the college; and

             (b)  consider and vote on those other matters required by the by-laws.

             (3)  The council shall prepare and submit to the minister before July 1 each year

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

             (b)  the college’s audited financial statements.

             (4)  The minister shall publish the annual report on the Health and Community Services website.

             (5)  Where the college has a website, the college shall publish the annual report on its website in a manner that the annual report may be accessed by a member of the public.

             (6)  Where the college fails to comply with subsection (3) or (5), it is guilty of an offence and is liable upon summary conviction to a fine of $1,000.

2008 cR-9.1 s7; 2012 c35 s16; 2019 c9 s6

Back to Top

Council officers

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

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

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

             (2)  [Rep. by 2019 c9 s7]

             (3)  [Rep. by 2019 c9 s7]

             (4)  The council shall appoint a registered nurse to be executive director of college.

             (5)  The executive director shall carry out the duties imposed upon the executive director by this Act and the by-laws.

             (6)  The executive director is, by virtue of the office, a non-voting member of the council.

             (7)  At meetings of the council, each member of the council shall have one vote and in the case of a tie, the chairperson or, in the absence of the chairperson, the vice-chairperson shall have a second or casting vote.

             (8)  Except where prohibited in the by-laws, a member of the council may, where all the members of the council consent, participate in a meeting of the council by means of the telephone or other telecommunication device that permits all persons participating in the meeting to communicate with each other.

2008 cR-9.1 s8; 2019 c9 s7

Back to Top

Quorum

        9. Seven members of the council, 2 of whom are members appointed by the minister to represent the public interest, shall constitute a quorum for a meeting.

2008 cR-9.1 s9

Back to Top

By-laws

      10. (1) The council may make by-laws

             (a)  providing for the holding and procedure of its and the college’s meetings;

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

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

             (c)  providing who may vote at meetings of the college;

             (d)  respecting the awarding of honorary memberships in the college;

             (e)  respecting the participation of members of the council in a meeting of the council by telephone or other telecommunications device under subsection 8 (8);

             (f)  respecting the maintenance of the register and the form and contents of it;

             (g)  respecting the remuneration, and allowances payable to members of the council for attending meetings and for carrying out the functions of the council under this Act, with power to prescribe different rates for different members and different functions;

             (h)  respecting the appointment, termination and duties of the executive director and other employees;

              (i)  respecting the remuneration and payment of travel expenses of members of adjudication tribunals;

              (j)  establishing a code of ethics which shall include a definition of "professional misconduct" and "conduct unbecoming a registered nurse" for the purposes of sections 18 to 35 ;

             (k)  establishing standards governing the practice of nursing, including standards of professional competence and of capacity and fitness to practise;

              (l)  establishing rules respecting methods of advertising;

           (m)  providing for voting at meetings of the council; and

             (n)  generally, respecting the administration of this Act and the regulations.

             (2)  A by-law may be made, amended or repealed at a meeting of the council if 30 days notice, or the shorter period to which members of the council may consent, is given of the intention to make, amend or repeal a by-law, and of the meeting, to the members of the council.

             (3)  The council shall have the by-laws available for inspection by the public on reasonable notice and at reasonable hours.

2008 cR-9.1 s10; 2019 c9 s8

Back to Top

Regulations

      11. (1) The council may, with the approval of the minister, make regulations respecting

             (a)  the registration, licensing and scope of practice of registered nurses;

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

             (b)  continuing competency requirements;

             (c)  the education and practice experience requirements for registration and licensing of registered nurses;

             (d)  the requirement of registered nurses to carry professional liability protection;

             (e)  the temporary registration and licensing of registered nurses;

             (f)  the licensing of and scope of practice of nurse practitioners;

             (g)  the issuing and renewal of conditional registration and licences and the terms and conditions on which that registration and those licences may be granted;

             (h)  the approval of nursing education programs for the purposes of registration and licensing;

              (i)  alternative dispute resolution for the purposes of section 23 and the procedure for that resolution;

              (j)  time limits for events in the disciplinary process in sections 18 to 35 , including time limits for

                      (i)  the filing of an allegation,

                     (ii)  the resolution of an allegation by the Director of Professional Conduct Review,

                    (iii)  the conduct of an investigation under section 23 ,

                    (iv)  consideration of an allegation by the council 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 23 (3)(c)(ii),

                   (vii)  the appointment of an adjudication tribunal under section 24 , and

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

          (j.1)  the quality assurance program referred to in section 35.1; and

             (k)  the giving effect generally to the purpose of this Act.

             (2)  Notwithstanding subsection (1), the minister may make regulations to prescribe time limits for events in the disciplinary process under sections 18 to 35 where the council does not do so in a time period the minister considers reasonable.

2008 cR-9.1 s11; 2019 c9 s9; 2014 c26 s1; 2019 c28 s1

Back to Top

Fees

      12. The council may set fees for the purpose of this Act.

2008 cR-9.1 s12

Back to Top

Register

      13. The executive director shall maintain a register containing the name, address and other matters required by the by-laws, of each person having the qualifications required by this Act for registration and licensure.

2008 cR-9.1 s13

Back to Top

Qualification for registration and licensing

      14. (1) A person who has fulfilled the requirements for registration prescribed by the regulations is entitled to registration in the register upon payment of the fee for registration fixed by the council.

             (2)  A registered nurse who

             (a)  has been registered under subsection (1);

             (b)  meets all requirements for licensing or renewal of licensing set out in this Act and the regulations;

             (c)  has paid the required fees; and

             (d)  whose registration or licence to practice nursing is not under review, suspended or revoked in another jurisdiction

is entitled to an annual licence to practice nursing.

             (3)  An annual licence issued under subsection (2) may include licensure to practise as a nurse practitioner and may be issued to a registered nurse who

             (a)  has successfully completed a course of study approved by the council; or

             (b)  in the opinion of the council has sufficient knowledge and skills as prescribed by the regulations to be licensed to practise as a nurse practitioner.

             (4)  Notwithstanding subsection (3), only a person who has successfully completed a course of study prescribed by the council is eligible to be licensed as a nurse practitioner after June 30, 2009 .

2008 cR-9.1 s14

Back to Top

Registers of registered nurses

      15. (1) The council shall keep

             (a)  an historical register in which shall be entered the names of persons who have been granted registration under subsection 14 (1) together with other information that the council may require; and

             (b)  an annual register in which shall be entered the names of the holders of annual licences issued under subsections 14 (2) and (3) and other members of the college.

             (2)  The registers shall be open to inspection at the head office of the college during regular business hours free of charge.

             (3)  The registers, or copies of or extracts from the registers certified by the executive director, shall be, in the absence of evidence to the contrary, evidence in the courts in the province and before all persons of the registration or licensing of a person in the respective register.

             (4)  The absence of the name of a person from a register shall be, in the absence of evidence to the contrary, evidence that the person is not registered or licensed.

2008 cR-9.1 s10; 2019 c9 s10

Back to Top

Requirements to practise

      16. Except as provided in this Act, a person shall not practise as a registered nurse or a nurse practitioner or hold himself or herself out as a registered nurse or a nurse practitioner unless that person is registered and holds an annual licence.

2008 cR-9.1 s16

Back to Top

Penalties

      17. A person not registered under this Act who takes or uses the title "Registered Nurse" or "Nurse Practitioner" or the initials "RN" or "NP", either alone or in combination with other words, letters, or description implying 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 nurse or nurse practitioner is guilty of an offence and liable upon summary conviction to a fine not exceeding $3,000 for each offence and in default of payment to imprisonment for a period not exceeding one month.

2008 cR-9.1 s17

Back to Top

Definitions

      18. In this section and sections 19 to 35

             (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 and includes a person making a report under section 20 ;

             (c)  "conduct deserving of sanction" includes

                      (i)  professional misconduct,

                     (ii)  professional incompetence,

                    (iii)  conduct unbecoming a registered nurse,

                    (iv)  incapacity or unfitness to engage in the practice of nursing, and

                     (v)  acting in breach of this Act, the regulations or the code of ethics made under section 10 ;

             (d)  "costs incurred by the college" includes

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

                     (ii)  amounts paid by the college to adjudication tribunal members as remuneration and for expenses, and

                    (iii)  the actual cost of legal counsel for the college and the adjudication tribunal;

             (e)  "Director of Professional Conduct Review" means the person appointed to the position by the council;

             (f)  "disciplinary panel" means the panel of persons appointed under section 19 from which the members of an adjudication tribunal are chosen; and

             (g)  "respondent" means a

                      (i)  registered nurse,

                     (ii)  former registered nurse, or

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

against whom an allegation is made.

2008 cR-9.1 s18; 2019 c9 s11

Back to Top

Committees

      19. (1) The council shall appoint at least 5 of its members, at least 2 of whom were appointed by the minister to represent the public interest, to constitute a complaints authorization committee.

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

             (3)  Three members of the complaints authorization committee, one of whom is a person appointed by the minister to represent the public interest, constitute a quorum of the committee.

             (4)  The executive director is not eligible to be a member of the complaints authorization committee.

             (5)  The council shall appoint at least 18 registered nurses who are not members of the council, one of whom shall be appointed to serve as chairperson, and the minister shall appoint at least 9 persons, who are not registered nurses or members of the council, to represent the public interest, who shall together constitute a disciplinary panel.

             (6)  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.

             (7)  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.

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

             (9)  Members of the disciplinary panel shall serve on the panel without payment for their services, but may be remunerated for service as a member of an adjudication tribunal and paid their travel and other expenses associated with the work of that tribunal by the council, in accordance with and at the rates set by the by-laws.

          (10)  The complaints authorization committee, an adjudication tribunal appointed under section 24 and a person appointed by either of them may summon a respondent or other person and require the respondent or other person 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, 2006.

2008 cR-9.1 s19

Back to Top

Report by registered nurse

      20. (1) A registered nurse who has knowledge, from direct observation or objective evidence, of conduct deserving of sanction of another registered nurse shall report the known facts to the Director of Professional Conduct Review.

             (2)  A person or a corporation, partnership or association that terminates or imposes restrictions on the employment of a registered nurse based on direct knowledge of the registered nurse's conduct deserving of sanction shall report the known facts to the Director of Professional Conduct Review.

             (3)  An action shall not be brought against a registered nurse, person, corporation, partnership or association or its directors or officers for the sole reason that he or she or the corporation, partnership or association complied with this section.

2008 cR-9.1 s20

Back to Top

Allegation

      21. (1) An allegation shall be in writing and signed by the complainant or his or her solicitor, and filed with the Director of Professional Conduct Review.

             (2)  The Director of Professional Conduct Review 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 Director of Professional Conduct Review has been informed that a registered nurse 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 registered nurses in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming a registered nurse or professional incompetence, the information shall be dealt with by the Director of Professional Conduct Review 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.

2008 cR-9.1 s21; 2009 c30 s14

Back to Top

Effect of filing allegation

      22. (1) Where it appears to the Director of Professional Conduct Review after notifying the respondent of the allegation that the allegation may be resolved satisfactorily and where the complainant and the respondent consent, the Director of Professional Conduct Review may attempt to resolve the matter.

             (2)  Where the allegation is not satisfactorily resolved by the Director of Professional Conduct Review under subsection (1), he or she shall refer the allegation and all other allegations to the complaints authorization committee.

             (3)  The Director of Professional Conduct Review shall inform a complainant and a respondent of the referral of the allegation to the complaints authorization committee.

2008 cR-9.1 s22

Back to Top

Complaints authorization committee

      23. (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 Director of Professional Conduct Review for an investigation or alternative dispute resolution, or both in accordance with the regulations;

         (a.1)  refer the allegation to the quality assurance committee;

             (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 that 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 and the respondent.

             (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 Director of Professional Conduct Review to file the complaint against the respondent and refer it to the disciplinary panel; and

             (c)  recommend to the council that

                      (i)  the respondent’s licence be suspended or restricted, or

                     (ii)  the Director of Professional Conduct Review conduct an investigation of the respondent’s practice, and where the council approves an investigation the Director of Professional Conduct Review shall conduct it,

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

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

             (a)  the respondent to

                      (i)  undergo an examination or assessment he or she considers necessary and as arranged by the Director of Professional Conduct Review, and

                     (ii)  permit the Director of Professional Conduct Review or a member of the complaints authorization committee 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 Director of Professional Conduct Review or a member of the complaints authorization committee 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 nurse 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 Director of Professional Conduct Review, a member of the complaints authorization committee 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 request or a different period as specified in the request.

             (7)  Where the complaints authorization committee recommends to the council that a respondent’s practice be suspended, restricted or investigated under paragraph (3)(c), the council may

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

             (b)  suspend, restrict or investigate the respondent’s 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 Supreme Court by filing a notice of appeal with the court.

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

2008 cR-9.1 s23; 2013 c16 s25; 2014 c26 s2; 2019 c9 s12

Back to Top

Adjudication tribunal

      24. (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 nurses 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 nurses on an adjudication tribunal to be the chairperson.

2008 cR-9.1 s24

Back to Top

Hearing

      25. (1) Where a complaint has been referred under paragraph 23 (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 outweigh the desirability of holding the hearing in public.

2008 cR-9.1 s25; 2019 c9 s13

Back to Top

Copies of books, etc. as evidence

      26. 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 23 (4) to conduct an inspection,

who made the copy or extract under subsection 23 (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.

2008 cR-9.1 s26

Back to Top

Guilty plea by respondent

      27. (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 the respondent can demonstrate to the council or other body or person designated by the adjudication tribunal that 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 licence to the council upon those conditions that may be considered appropriate and strike the respondent’s name from the register;

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

             (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 Director of Professional Conduct Review publish a summary of the decision including the information set out in subsection 29 (7) 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 council 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 rehabilitated such that the respondent can safely return to practice,

                     (v)  engage in continuing education programs,

                    (vi)  complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the council or another 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,

                    (ix)  permit periodic inspection of his or her practice,

                     (x)  permit periodic inspection of records relating to his or her practice, or

                    (xi)  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.

2008 cR-9.1 s27; 2019 c9 s14l; 2022 c6 s47

Back to Top

Powers of adjudication tribunal

      28. (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 the respondent can demonstrate to the council or other body or person designated by the adjudication tribunal that 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 licence to the council upon those conditions that may be considered appropriate and strike the respondent’s name from the register;

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

             (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 Director of Professional Conduct Review publish a summary of the decision including the information set out in subsection 29 (7) 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 council 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 rehabilitated such that the respondent can safely return to practice,

                     (v)  engage in continuing education programs,

                    (vi)  complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the council 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,

                    (ix)  permit periodic inspection of his or her practice,

                     (x)  permit periodic inspection of records relating to his or her practice, or

                    (xi)  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.

2008 cR-9.1 s28; 2019 c9 s15; 2022 c6 s48

Back to Top

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.

2008 cR-9.1 s29; 2014 c7 s17; 2019 c9 s16; 2022 c6 s49

Back to Top

De-registration and suspension

      30. (1) Where a respondent is allowed or directed to surrender his or her licence, his or her rights and privileges as a registered nurse to practise nursing cease.

             (2)  Where a respondent requests that his or her name be removed, or where his or her name is struck off, a register maintained under this Act, his or her rights and privileges as a registered nurse to practise nursing cease.

             (3)  Where a respondent is suspended, his or her rights and privileges as a registered nurse to practise nursing cease for the period of suspension.

             (4)  Where conditions or restrictions have been imposed upon a respondent’s ability to carry on his or her practice, his or her rights and privileges as a registered nurse to practise nursing shall be limited to the extent specified by the conditions or restrictions.

2008 cR-9.1 s30; 2019 c9 s17

Back to Top

Failure to comply

      31. (1) On application by the college to the disciplinary panel, an adjudication tribunal may make an order suspending the licence of a respondent where it determines that the respondent has failed to comply with a decision or an order under sections 18 to 35 .

             (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 licence 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.

2008 cR-9.1 s31; 2019 c9 s18

Back to Top

Reinstatement and readmission

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

             (a)  suspends the respondent;

             (b)  allows or directs the respondent to surrender his or her licence or to be removed from a register maintained under this Act;

             (c)  restricts the respondent’s practice; or

             (d)  specifies conditions for the continuing practice of the 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 23 (3)(b) and sections 25 to 30 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 28 , a tribunal may

             (a)  vary the original decision or order made under section 28 ; or

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

2008 cR-9.1 s32; 2019 c9 s19

Back to Top

Costs of the council

      33. (1) Where a person who was ordered to pay the costs of the council under paragraph 27 (2)(e) or 28 (3)(e) fails to pay in the time required, the council may suspend the registration or licence of that person until the costs are paid.

             (2)  Costs ordered to be paid under paragraph 27 (2)(e) or 28 (3)(e) are a debt due to the college and may be recovered by the college by a civil action.

2008 cR-9.1 s33; 2019 c9 s20

Back to Top

Collection of fine

      34. (1) Where an order is made under section 27 or 28 imposing a fine on a respondent, the college may issue a certificate stating the amount of the fine due and remaining unpaid and the name of the person by whom it is payable, and file the certificate with the Supreme Court.

             (2)  Where a certificate is filed with 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 Supreme Court 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 Supreme Court for a review, on a question of law or jurisdiction, of the certificate.

             (4)  On an application under subsection (3), the judge may make any amendment to the certificate that is necessary to make the certificate accord with the judge’s 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.

2008 cR-9.1 s34 2013 c16 s25; 2019 c9 s21

Back to Top

Appeal

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

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

2008 cR-9.1 s35; 2013 c16 s25; 2019 c9 s22

Back to Top

Quality assurance committee

   35.1 (1) The council shall establish a quality assurance committee that shall have responsibility for, and shall establish and operate, a program of quality assurance for registered nurses.

             (2)  The committee may appoint persons registered as registered nurses under this or another Act, including an Act of another province or a territory of Canada , to act as assessors or to assist the committee to perform its duties and exercise its powers under this Act.

             (3)  The committee and a person appointed under subsection (2) shall have the powers, privileges and immunities that are conferred on a commissioner under the Public Inquiries Act, 2006 .

             (4)  A person appointed under subsection (2) has the powers of the committee under paragraphs 35.3(2)(a), (b) and (c).

2014 c26 s3

Back to Top

Registered nurse shall comply

   35.2 A registered nurse shall comply with a request or a directive of the committee, or a person appointed to act on behalf of the committee, in connection with the conduct of a quality assurance review with respect to the registered nurse or his or her practice by the committee.

2014 c26 s3

Back to Top

Conduct of review

   35.3 (1) The quality assurance committee may itself initiate a quality assurance review of a registered nurse or his or her practice or at the request of the Director of Professional Conduct Review or the complaints authorization committee.

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

             (2)  In connection with a quality assurance review, the quality assurance committee may

             (a)  require a registered nurse, or another person who has information pertaining to or possession of records that relate to the registered nurse's practice, to provide information, including patient records, for inspection or review and to permit them to be copied by the committee or a person appointed by the committee for the purpose;

             (b)  order a registered nurse to undergo an examination, evaluation, assessment or review of his or her professional practices or capacity or fitness to practice, to the extent and under the circumstances required by the committee;

             (c)  engage in periodic or random reviews or audits of a registered nurse's performance including the consequential review of patient records; and

             (d)  order a registered nurse to

                      (i)  obtain counselling, including substance abuse counselling, until the registered nurse can demonstrate to the committee, or another body or a person designated by the committee, that a condition related to the counselling has been overcome,

                     (ii)  obtain medical treatment and authorize a person participating in the provision of that treatment to report on it to the committee,

                    (iii)  complete a course of studies or an educational or training program,

                    (iv)  restrict his or her registered nursing practice,

                     (v)  obtain supervised clinical experience as directed by the committee and to the satisfaction of the committee,

                    (vi)  continue his or her registered nursing practice under conditions the committee may specify, or

                   (vii)  report his or her compliance with an order of the committee and authorize a person to report to the committee on whether he or she is complying with an order.

             (3)  The quality assurance committee may accept the terms of an agreement entered into by the Director of Professional Conduct Review and a registered nurse as constituting compliance by the registered nurse with a requirement or order imposed by the committee on the registered nurse under subsection (2).

             (4)  Where a registered nurse fails to comply

             (a)  with a requirement or an order under subsection (2); or

             (b)  with an agreement referred to in subsection (3) within the time required by the committee for compliance,

the committee shall refer the failure to comply to the Director of Professional Conduct Review who shall refer it to the complaints authorization committee as an allegation within the meaning of paragraph 18(a).

             (5)  An action for damages does not lie against a registered nurse, or another person to whom a request is made, solely because he or she provides information requested of him or her under paragraph (2)(a).

             (6)  Where the quality assurance committee or a person appointed by the committee requires that a registered nurse or another person provide information under paragraph (2)(a), that information shall be provided within 7 days of receipt of the request or a different period as specified in the request.

             (7)  All records and specific information relating to the quality assurance program or a review or order under it are confidential.

             (8)  Paragraph (2)(a) and subsections (5) and (6) apply to the Crown.

2019 c9 s25; 2014 c26 s3

Back to Top

Costs

   35.4 The costs incurred by a registered nurse in implementing an order under subsection 35.3(2) shall be paid by that registered nurse and shall not be a cost of the quality assurance committee, the council or the college.

2019 c9 s25; 2014 c26 s3

Back to Top

Termination of review

   35.5 (1) Where the quality assurance committee believes, in the course of or as a result of a review, that a registered nurse may be guilty of conduct deserving of sanction within the meaning of section 18, the review, if still in progress, shall be terminated, the registered nurse shall be advised, and the matter shall be referred to the Director of Professional Conduct Review who shall refer it to the complaints authorization committee to be dealt with as an allegation.

             (2)  The quality assurance committee shall provide all information and documents in its possession relating to the review to the complaints authorization committee.

             (3)  An order of the quality assurance committee issued before it refers a matter to the complaints authorization committee under subsection (1) remains in effect notwithstanding the referral of the matter to the complaints authorization committee.

2014 c26 s3

Back to Top

Other care givers

      36. This Act shall not be interpreted as forbidding a legally qualified registered nurse or a nurse practitioner of another province or country whose engagement requires him or her to

             (a)  accompany and care for a person temporarily in this province; or

             (b)  provide education or consultative services

during the period of the engagement, which shall be for a maximum of 28 days, where the registered nurse or nurse practitioner does not hold himself or herself out as a registered nurse or a nurse practitioner licensed to practise in the province.

2008 cR-9.1 s36

Back to Top

Rep. by 2019 c9 s23

      37. [Rep. by 2019 c9 s23]

2019 c9 s23

Back to Top

Rep. by 2019 c9 s23

      38. [Rep. by 2019 c9 s23]

2019 c9 s23

Back to Top

Protection from liability

      39. An action for damages does not lie against the executive director, the Director of Professional Conduct Review, an officer, employee or agent of the council, 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 council 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.

2008 cR-9.1 s39

Back to Top

Offence

      40. A person who obtains or attempts to obtain a registration or an annual licence by making a misrepresentation or declaration and a person who helps in the making of the misrepresentation or declaration is guilty of an offence.

2008 cR-9.1 s40

Back to Top

Penalty

      41. A person guilty of an offence is, where no other penalty is provided in this Act, liable on summary conviction to a fine of not more than $5,000.

2008 cR-9.1 s41

Back to Top

Transition

      42. (1) The members of the council on the day before this Act comes into force are continued as members until an election is held under section 6 .

             (2)  An election to elect the 10 members referred to in paragraph 6 (1)(a) shall be held within 12 months after the day this Act comes into force.

             (3)  The minister shall make appointments under paragraph 6 (1)(b) within 30 days of the election held under subsection (2).

             (4)  Of the members of the council, not including the president and the president-elect, first elected under section 6 ,

             (a)  2 shall be elected for a term of 4 years;

             (b)  4 shall be elected for a term of 3 years; and

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

2008 cR-9.1 s42

Back to Top

RSNL1990 cR-9 Rep.

      43. The Registered Nurses Act is repealed.

2008 cR-9.1 s43