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53 |
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Second
Session, 45th General Assembly 54
Elizabeth II, 2005 |
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AN ACT RESPECTING THE
REGISTRATION |
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Received and Read the First Time................................................................................................... |
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Second |
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Committee............................................................................................................................................ |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE
JOHN OTTENHEIMER Minister
of Health and Community Services |
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Ordered
to be printed by the Honourable House of Assembly |
EXPLANATORY NOTES This Bill would revise the law respecting the regulation of hearing aid practitioners. In particular, the Bill would establish a clear separation between advocacy on behalf of the professional group and the responsibility of the governing body of the professional group to establish and enforce qualifications for licensure or registration in the interest of the protection of the public. The second principal focus of the
Bill is the establishment of a disciplinary regime that fully incorporates the
developed principles of administrative law respecting impartiality, fairness,
and the right to be heard. |
A AN ACT RESPECTING THE REGISTRATION AND
LICENSING OF HEARING AID PRACTITIONERS Analysis 1. Short title 2. Definitions 3. Board 4. Appointed members 5. Meetings of the board 6. Annual report 7. Functions of board 8. By-laws 9. Registration and licence 10. Duties of registrar 11. Proof of registration 12. Definitions 13. Committees 14. Allegation 15. Effect of filing allegation 16. Complaints authorization committee 17. Adjudication tribunal 18. Hearing 19. Guilty plea by respondent 20. Powers of adjudication tribunal 21. Filing and publication of decisions 22. De-registration and suspension 23. Failure to comply 24. Reinstatement and readmission 25. Costs of the board 26. Collection of fine 27. Appeal to Trial Division 28. Copies of books, etc. as evidence 29. Limitation to practice 30. Authorized services 31. Restriction 32. Recovery of fees 33. Protection from liability 34. Regulations 35. Fees and forms 36. Offence 37. Transition 38. RSNL1990 cH-2 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 Hearing Aid
Practitioners Act. Definitions 2. In
this Act (a) "board" means the Hearing Aid Practitioners
Board; (b) "hearing aid" means a wearable
instrument or device designed for or offered for the purpose of helping or
compensating for impaired human hearing and parts, attachments or accessories
for the instrument or device except batteries and cords; (c) "hearing aid practitioner" means a
person engaged in (i) testing or measuring human hearing by
audiometer or other means for the purpose of selecting, adapting, recommending
or selling hearing aids, (ii) selling or offering for sale hearing aids, or (iii) making impressions for earmolds to be used in
connection with hearing aids; (d) "licence" means a licence issued
under this Act to operate in the province as a hearing aid practitioner; (e) "minister" means the minister appointed
under the Executive Council Act to
administer this Act; (f) "register" means the register of
hearing aid practitioners; (g) "registrar" means the registrar of
hearing aid practitioners elected under subsection 3(3); and (h) "sale" means a transfer of title,
conditional sale contract, lease, hire purchase, or other transaction by which
a person disposes of, and another person acquires, a hearing aid, but does not
include a sale of a hearing aid which is intended for resale by a hearing aid practitioner
in the course of his or her business. Board 3. (1) The
Hearing Aid Practitioners Board is continued as a corporation without share
capital for the purposes of Part XXI of the Corporations
Act. (2) The board shall consist of (a) 4 persons elected from and by licensed hearing
aid practitioners in accordance with the by-laws; and (b) 2 persons appointed under section 4 who are
not licensed hearing aid practitioners. (3) The board shall elect from among the members a
chairperson and, from among the elected members, a registrar. (4) A member of the board 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 be a member of the board for more than 9 consecutive
years. (5) An elected member may resign from the board by
written notice to the board. (6) Where an elected member resigns, dies or
becomes incapable of performing his or her duties, the remaining members shall
appoint a replacement to serve until the next annual general meeting. (7) Elected members shall serve without payment
for their services, but their travel and other expenses associated with their
duties as members may be paid by the board, in accordance with the by-laws. (8) The board may pay the registrar for performing
his or her duties under this Act, in accordance with the by-laws. (9) The board shall elect an executive from the
members of the board including a chairperson who chairs all meetings of the
board. Appointed members 4. (1) The
minister shall appoint 2 members of the board who are not hearing aid
practitioners who are suitable to represent the public interest. (2) A person 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 member of the board until the expiration of 12 months from the
end of the year in which he or she was last a member of the board. (4) Where the term of office of a person appointed
under this section expires, he or she continues to be a member of the board
until re-appointed or replaced. (5) The board shall pay the expenses of a person
appointed to the board under this section in accordance with guidelines
established by the Lieutenant-Governor in Council. (6) A person appointed under subsection (1) may be
removed from office by the minister before the expiration of his or her term of
office and compensation shall not be paid to him or her other than an amount
owing under subsection (5). (7) A person appointed under subsection (1) may
resign from the board by written notice to the minister. Meetings of the
board 5. (1) A
quorum of the board is 3 members, one of whom is an appointed member. (2) Except where prohibited in the by-laws, a
member of the board may, where all the members 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) In the absence of the chairperson, the members
of the board in attendance at a meeting shall appoint another member to chair
that meeting. (5) The board shall hold, in accordance with the
by-laws, an annual general meeting at which the election for members of the
board shall be held. (6) At the annual general meeting the board shall
appoint an auditor to audit the accounts of the board and report on the
financial statements prepared by the board. (7) The board may in its by-laws provide for
voting at a meeting of the board or in an election of members by mail or
electronic means. Annual report 6. (1) The
board shall prepare and submit to the minister before (a) a report on the activities of the board; and (b) the board's audited financial statements. (2) Where the board fails to comply with
subsection (1), the board is guilty of an offence and on summary conviction may
be fined $1,000. Functions of
board 7. The
functions of the board are (a) to examine the credentials of an applicant for
registration to determine if the applicant should be registered and licensed to
operate as a hearing aid practitioner in accordance with this Act and the
regulations; (b) where it considers that examinations are
necessary, to adopt or prescribe examinations to ascertain the qualifications
of persons to be registered and licensed in accordance with this Act and the
regulations; (c) to issue licences to persons who meet the
requirements of this Act and the regulations; (d) to carry out the duties established for the
board in relation to discipline of licensed hearing aid practitioners under
sections 12 to 27; and (e) to perform the other tasks that are in keeping
with the purpose of this Act. By-laws 8. (1) The
board may make by-laws not inconsistent with this Act respecting (a) the holding and procedure of its meetings; (b) the appointment of committees and the duties
and responsibilities of those committees; (c) the election of members of the board under
subsection 3(2) and setting the terms of office; (d) the payment of travel and other expenses of
elected members of the board; (e) the rates of remuneration for members of an
adjudication tribunal; (f) the employment and remuneration of staff and
consultants; (g) a code of ethics which shall include (i) a definition of "professional
misconduct" and "conduct unbecoming" for the purposes of
sections 12 to 27, (ii) rules respecting advertising by hearing aid
practitioners, and (iii) rules respecting conflict of interest; (h) limiting the participation of members at a
meeting of the board by telephone or other telecommunications device under
section 5; and (i) providing for voting by licensed hearing aid practitioners
by mail or electronic means. (2) A by-law may be made, amended or repealed at a
meeting of the board provided that 30 days' notice, in writing, of the making,
amendment or repeal of the by-law and of the meeting are given to members of
the board. (3) The by-laws of the Hearing Aid Practitioners
Board in operation at the coming into force of this Act shall be the by-laws
governing the board until revoked or amended by the board in accordance with
this section. (4) The board shall have its by-laws available for
inspection by the public on reasonable notice and at reasonable hours. Registration and
licence 9. (1) A
person may apply to the registrar in the form set by the board to be licensed
as a hearing aid practitioner where he or she (a) successfully completes a training program
approved by the board that covers the areas of study outlined in the regulations; (b) successfully completes the examinations
prescribed by the board; and (c) meets the other requirements prescribed by
regulation. (2) The registrar shall issue a licence to a
person who applies under subsection (1) and enter his or her name on the register
and may renew a licence of a hearing aid practitioner where the applicant or
hearing aid practitioner (a) pays the licensing fee set by the board; (b) proves that he or she has obtained
professional liability insurance coverage in a form and amount satisfactory to
the board; (c) establishes that he or she is not suspended or
restricted from working as a hearing aid practitioner by a board or equivalent
body governing hearing aid practitioners in a jurisdiction outside the
province; and (d) pays outstanding fines, penalties or fees,
which are owed to the board. Duties of
registrar 10. (1) The
registrar shall (a) register hearing aid practitioners and issue
licences on the direction of the board to persons who meet the qualifications
for registration established by this Act; (b) keep and maintain an up-to-date register of
the names of hearing aid practitioners registered and licensed under this Act
and the regulations and the other information the board may require; (c) collect the fees that may be prescribed; (d) perform the duties of the registrar in respect
of discipline under sections 12 to 27; (e) act as secretary to the board; and (f) perform those other duties that the board may
require. (2) The registrar shall make the registers of the board
available for inspection by the public on reasonable notice and at reasonable
hours. Proof of
registration 11. A
certificate signed or purporting to be signed by the registrar that the name of
a person was or was not entered in the register on a date or during a period
specified in the certificate shall be admissible in evidence without proof of
the signature of the registrar, and the contents of the certificate shall,
until the contrary is proved, be considered to be evidence of the facts stated
in it. Definitions 12. In
this section and sections 13 to 27, (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 14; (c) "conduct deserving of sanction"
includes (i) professional misconduct, (ii) professional incompetence, (iii) conduct unbecoming a hearing aid practitioner,
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"
includes (i) out of pocket expenses incurred by or on
behalf of the board, (ii) amounts paid by the board to adjudication
tribunal members as remuneration and for expenses, and (iii) the actual cost of legal council for the board
and an adjudication tribunal; (e) "disciplinary panel" means the panel
of persons appointed under section 13 from which members of an adjudication
tribunal are drawn; and (f) "respondent" means a licensed
hearing aid practitioner or a former licensed hearing aid practitioner against
whom an allegation is made. Committees 13. (1) The
board shall appoint at least 3 of its members, at least one of whom was
appointed by the minister to represent the public interest, to constitute a
complaints authorization committee. (2) The board 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 board shall appoint at least 5 licensed
hearing aid practitioners who are not members of the board, one of whom shall
be appointed to serve as chairperson, and the minister shall appoint at least 2
persons, who are not licensed hearing aid practitioners, 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) Where a hearing aid practitioner is appointed
to a disciplinary panel under this section, he or she shall serve on the panel
unless the board determines that he or she is unable to serve for reasons beyond
his or her control. (9) Members of the disciplinary panel shall serve
on the panel without payment for their services but may be remunerated for
services as a member of an adjudication tribunal and paid for their travel and
other expenses associated with the work of the tribunal by the board in
accordance with the rates set by the by-laws. (10) The complaints authorization committee and an
adjudication tribunal appointed under section 17 and a person appointed by
either of them may summon a hearing aid practitioner 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 14. (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 hearing aid practitioners
in another province or territory of Canada or another territory or country for
reason of professional misconduct, conduct unbecoming a hearing aid practitioner
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 15. (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 16. (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 board that (i) the respondent's licence be suspended or restricted,
or (ii) the registrar conduct an investigation of the
respondent's practice, and where the board 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 and other examinations he or
she considers necessary and as arranged by the registrar or the board, and (ii) permit the registrar or a member of the board
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
member of the board 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 hearing aid practitioner 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 member of the board 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, as requested, 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 board that a respondent's practice be suspended, restricted
or investigated the board 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 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 tribunal 17. (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 licensed hearing aid practitioners
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 licensed hearing aid practitioners on an adjudication
tribunal to be the chairperson. Hearing 18. (1) Where
a complaint has been referred under paragraph 16(3)(b), an adjudication
tribunal shall hear the complaint. (2) The parties to a hearing are the board 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 19. (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 licence to the board 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 board; (e) order that the respondent pay the costs or a
part of the costs incurred by the board
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 21(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 board 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 board 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 board 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 20. (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 board 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 licence to the board 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 board; (e) order that the respondent pay the costs or a
part of the costs incurred by the board in the investigation or hearing of the
complaint; (f) order that the registrar publish a summary of
the decision including the information set out in subsection 21(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 board 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 board 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 board 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 21. (1) An
adjudication tribunal shall file a decision or order made under subsection 19(2)
or 20(3) with the registrar and provide a copy to the complainant 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 hearing aid practitioner
permit a person to view a summary of a decision where that registered hearing
aid practitioner 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 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) 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 registrar shall within 14 days of the filing of the
subsequent decision or order publish a summary of the decision or order and
subsections (3) and (4) apply, with the necessary changes. De-registration
and suspension 22. (1) Where
a respondent is struck off the register, his or her rights and privileges as a
licensed hearing aid practitioner cease. (2) Where a respondent is suspended, his or her
rights and privileges as a licensed hearing aid practitioner cease for the
period of suspension. (3) 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 licensed hearing aid practitioner shall be limited
to the extent specified by the conditions or restrictions. Failure to comply 23. (1) On
application by the board 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 12 to 27. (2) The parties to the application are the board
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 24. (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; (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 16(3)(b) and sections 18 to 22 apply, with the necessary changes, to
the referred matter. (4) The parties to a supplementary hearing under
this section are the respondent and the board. (5) For the purpose of this section, in addition
to an order that an adjudication tribunal may make under section 20, a tribunal
may (a) vary the original decision or order made under
section 20; or (b) discharge the original decision or order, with
or without conditions. Costs of the
board 25. (1) Where
a person who was ordered to pay the costs of the board under paragraph 19(2)(e)
or 20(3)(e) fails to pay in the time required, the board may suspend the
registration of that person until the costs are paid. (2) Costs ordered to be paid under paragraph 19(2)(e)
or 20(3)(e) are a debt due to the board and may be recovered by the board by a
civil action. Collection of
fine 26. (1) Where
an order is made under section 19 or 20 imposing a fine on a respondent, the
board 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 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. Appeal to Trial
Division 27. (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 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. Copies of books,
etc. as evidence 28. 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 16(4) to conduct an inspection, who made the copy or extract under
subsection 16(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. Limitation to
practice 29. A
person shall not hold himself or herself out as a hearing aid practitioner or
in any manner seek to convey the impression of being a hearing aid practitioner
unless that person is registered and licensed under this Act. Authorized
services 30. A
hearing aid practitioner's licence shall set out the services the practitioner
is authorized to perform which may be one or more of the following: (a) the conducting of tests of pure-tone
audiometry, including air-conduction testing and bone-conduction testing; (b) the conducting of tests of live voice or
recorded voice speech audiometry, including speech reception threshold testing
and speech discrimination testing; (c) the application of masking, where indicated; (d) the recording and evaluation of audiograms and
speech audiometry to determine proper selection and adaptation of a hearing
aid; and (e) the taking of earmold impressions and fitting
of hearing aids. Restriction 31. A
licence under this Act is not required by (a) a person providing the services of an
audiologist with the government of the province, a hospital or agency funded by
the government of the province, or the Government of Canada or an agency of the
Government of Canada; or (b) an audiology technician working under the
supervision of an audiologist, or a person working under the supervision of an
otolaryngologist, who assists in the measurement of human hearing, in order to carry out the duties of his or
her employment. Recovery of fees 32. A
registered hearing aid practitioner is entitled to demand payment of reasonable
charges from persons by whom he or she is consulted and to whom he or she
provides services and to recover as a debt, in a court, the appropriate charges
for a consultation and those services. Protection from
liability 33. An
action for damages does not lie against the registrar, an officer or employee
of the board, 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 board
or the board 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 34. (1) The
board may, with the approval of the minister, make regulations (a) prescribing conditions and requirements for
the licensing of persons to operate as hearing aid practitioners; (b) respecting continuing education courses and
other programs for the purpose of maintaining and improving standards of
hearing aid practitioners; (c) approving training programs acceptable for the
purposes of registration and licensing; (d) respecting alternative dispute resolution for
the purposes of sections 12 to 27 and the procedure for that resolution; (e) prescribing time limits for events in the
disciplinary process in sections 12 to 27, including time limits for (i) the filing of an allegation, (ii) the resolving of an allegation by the
registrar, (iii) the conduct of an investigation under section
16, (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 16(3)(c)(ii), (vii) the appointment of an adjudication tribunal
under section 17, 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 (f) prescribing, scheduling or adopting
examinations, including the circumstances under which examinations may be required,
with power to exempt an applicant from examination where, in the opinion of the
board, it is reasonable to do so. (2) Notwithstanding subsection (1), the minister
may make regulations to prescribe time limits for events in the disciplinary
process under sections 12 to 27 where the board does not do so in a time period
the minister considers reasonable. Fees and forms 35. The
board may set fees and prescribe forms for the purpose of and administration of
this Act. Offence 36. A
person who contravenes this Act or the regulations is guilty of an offence and
is liable on summary conviction to a fine not exceeding $500 and in default of
payment to imprisonment for a term not exceeding one month or to both a fine
and imprisonment. Transition 37. (1) The
members of the Hearing Aid Practitioners Board on the day before this Act comes
into force are continued as members of the board until an election is held under
section 5. (2) An election to elect the 4 members of the
board referred to in paragraph 3(2)(a) shall be held within 12 months after the
day this Act comes into force. (3) The minister shall make appointments under
section 4 within 30 days of the election held under subsection (2). (4) Of the members of the board first elected
under section 5, (a) 2 shall be elected for a term of 3 years; and (b) 2 shall be elected for a term of 2 years. RSNL1990 cH-2 Rep. 38. The Hearing Aid Dealers Act is repealed. ŠEarl G. Tucker, Queen's Printer |