SNL2008 CHAPTER R-9.1 - REGISTERED NURSES ACT, 2008

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

Definitions

2. In this Act

(a) [Rep. by 2024 c23 s1]

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

(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;

(d.1) "licence" means, unless the context indicates otherwise, a registered nurse licence, registered psychiatric nurse licence or nurse practitioner licence;

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

(f) "nurse practitioner" means, unless the context indicates otherwise, a registered nurse who holds a nurse practitioner licence;

(f.1) "nurse practitioner licence" means a licence issued under subsection 14(3) to engage in the practice of nursing;

(g) "practice of nursing" means the use of nursing knowledge, theory and skill in

(i) the promotion, maintenance and restoration of health, and

(ii) the prevention, treatment and palliation of illness and injury primarily by

(A) assessing health status,

(B) planning, implementing and evaluating interventions, and

(g.1) "practice of psychiatric nursing" means the use of psychiatric nursing knowledge, theory and skill in

(i) the promotion, maintenance and restoration of health with a focus on psychosocial, mental or emotional health, and

(ii) the prevention, treatment and palliation of illness and injury, with a focus on psychosocial, mental, or emotional disorders and conditions or comorbid physiological conditions, primarily by

(A) assessing health status,

(B) planning, implementing and evaluating interventions, and

(h) "register" means, unless the context indicates otherwise, a register referred to in section 15;

(i) "registered nurse" means, unless the context indicates otherwise, a person who is registered under subsection 14(1) and holds a registered nurse licence;

(i.1) "registered nurse licence" means a licence issued under subsection 14(2) to engage in the practice of nursing;

(i.2) "registered psychiatric nurse" means, unless the context indicates otherwise, a person who is registered under subsection 14(1) and holds a registered psychiatric nurse licence;

(i.3) "registered psychiatric nurse licence" means a licence issued under subsection 14(5) to engage in the practice of psychiatric nursing;

(i.4) "registrant" means a registered nurse, registered psychiatric nurse or nurse practitioner;

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

2008 cR-9.1 s2; 2019 c9 s1; 2024 c23 s2

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) [Rep. by 2024 c23 s2]

2008 cR-9.1 s3; 2019 c9 s2; 2024 c23 s2

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

2008 cR-9.1 s4; 2019 c9 s3

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

Composition of the council

6. (1) The council shall consist of

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

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

(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; 2024 c23 s3

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

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 registrant 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; 2024 c23 s4

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

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;

(d) [Rep. by 2024 c23 s5]

(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 registrant" for the purposes of sections 18 to 35;

(k) establishing standards governing the practice of nursing and the practice of psychiatric 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; 2024 c23 s5

Regulations

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

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

(a.1) establishing different categories of registrants;

(b) continuing competency requirements;

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

(e) the temporary registration and licensing of registrants;

(f) [Rep. by 2024 c23 s6]

(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; 2024 c23 s6

Fees

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

2008 cR-9.1 s12

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

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 person who

(a) is registered under subsection (1);

(b) has met all requirements for the issuance or renewal of a registered nurse licence set out in this Act and the regulations;

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

is entitled to a registered nurse licence.

(3) 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 practise as a nurse practitioner

is entitled to a nurse practitioner licence.

(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.

(5) A person who

(a) is registered under subsection (1);

(b) has met all requirements for the issuance or renewal of a registered psychiatric nurse licence set out in this Act and the regulations;

(d) whose registration or licence to practise psychiatric nursing in another jurisdiction is not under review, suspended or revoked in the other jurisdiction

is entitled to a registered psychiatric nurse licence.

2008 cR-9.1 s14; 2024 c23 s7

Requirement of council to keep registers

15. (1) The council shall keep

(a) a historical register in which shall be entered the names of persons who have been registered 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 all persons who hold a licence.

(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; 2024 c23 s8

Requirement to practice

16 . Except as provided in this Act, a person shall not practise as a registered nurse, registered psychiatric nurse or nurse practitioner, or represent to be a registered nurse, registered psychiatric nurse or nurse practitioner unless that person is registered and holds a licence.

2008 cR-9.1 s16; 2024 c23 s9

Prohibition

17. (1) A person who is not a registrant shall not take or use the titles "Registered Nurse", "Registered Psychiatric Nurse" or "Nurse Practitioner" or the initials "RN", "RPN" or "NP", either alone or in combination with other words, letters or description implying that the person is

(a) registered and licensed under this Act;

(b) entitled to be registered and licensed under this Act; or

(2) A person who contravenes this section is guilty of an offence and liable on 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; 2024 c23 s10

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;

(i) professional misconduct,

(ii) professional incompetence,

(iii) conduct unbecoming a registrant,

(iv) incapacity or unfitness to engage in the practice of nursing or the practice of psychiatric 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 registrant or a former registrant against whom an allegation is made.

2008 cR-9.1 s18; 2019 c9 s11; 2024 c23 s11

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

(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; 2024 c23 s12

Duty to report

20. (1) A registrant who has knowledge, from direct observation or objective evidence, of conduct deserving of sanction of another registrant 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 registrant based on direct knowledge of the registrant'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 registrant, person, corporation, partnership or association or its directors or officers for the sole reason that the registrant, person, corporation, partnership or association complied with this section.

2008 cR-9.1 s20; 2024 c23 s13

Allegation

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

(2) The Director of Professional Conduct Review may on the Director of Professional Conduct Review’s 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 registrant 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 registrants in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming a registrant 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; 2024 c23 s14

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), the Director of Professional Conduct Review 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; 2024 c23 s15

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

(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

(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 that the person 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 registrant, or another person to whom a request is made, solely because the registrant or other person provides information requested 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; 2024 c23 s16

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 registrants 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 registrants on an adjudication tribunal to be the chairperson.

2008 cR-9.1 s24; 2024 c23 s17

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 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; 2024 c23 s18

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

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 the respondent’s 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 the respondent’s compliance with an order made under this section and authorize others involved with the respondent’s treatment or supervision to report on it,

(viii) restrict the respondent’s professional practice or continue the respondent’s practice under specified conditions,

(ix) permit periodic inspection of the respondent’s practice,

(x) permit periodic inspection of records relating to the respondent’s 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; 2024 c23 s19

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;

(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;

(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,

(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 the respondent’s compliance with an order made under this section and authorize others involved with the respondent’s treatment or supervision to report on it,

(viii) restrict the respondent’s professional practice or continue the respondent’s practice under specified conditions,

(ix) permit periodic inspection of the respondent’s practice,

(x) permit periodic inspection of records relating to the respondent’s 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; 2024 c23 s20

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;

(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;

(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

De-registration and suspension

30. (1) Where a respondent is allowed or directed to surrender the respondent’s licence, the respondent’s rights and privileges as a registrant cease.

(2) Where a respondent requests that the respondent’s name be removed, or where the respondent’s name is struck off, a register maintained under this Act, the respondent’s rights and privileges as a registrant cease.

(3) Where a respondent is suspended the respondent’s rights and privileges as a registrant cease for the period of suspension.

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

2008 cR-9.1 s30; 2019 c9 s17; 2024 c23 s21

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

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 the respondent’s licence or to be removed from a register maintained under this Act;

(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; 2024 c23 s22

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

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

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

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 registrants.

(2) The committee may appoint registrants or persons registered as registered nurses, registered psychiatric nurses or nurse practitioners in another province or 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; 2024 c23 s23

Registrant shall comply

35.2 A registrant 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 registrant or the registrant's practice by the committee.

2014 c26 s3; 2024 c23 s24

Conduct of review

35.3 (1) The quality assurance committee may itself initiate a quality assurance review of a registrant or the registrant's 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 registrant, or another person who has information pertaining to or possession of records that relate to the registrant'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 registrant to undergo an examination, evaluation, assessment or review of the registrant's professional practices or capacity or fitness to practise, to the extent and under the circumstances required by the committee;

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

(d) order a registrant to

(i) obtain counselling, including substance abuse counselling, until the registrant 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 the registrant's practice,

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

(vi) continue the registrant's practice under conditions the committee may specify, or

(vii) report on the registrant's compliance with an order of the committee and authorize a person to report to the committee on whether the registrant 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 registrant as constituting compliance by the registrant with a requirement or order imposed by the committee on the registrant under subsection (2).

(4) Where a registrant 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).

(6) Where the quality assurance committee or a person appointed by the committee requires that a registrant 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; 2024 c23 s25

Costs

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

2019 c9 s25; 2014 c26 s3; 2024 c23 s26

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 registrant may be guilty of conduct deserving of sanction within the meaning of section 18, the review, if still in progress, shall be terminated, the registrant 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; 2024 c23 s27

Other care givers

36. Notwithstanding any other provision of this Act, a legally qualified registered nurse, registered psychiatric nurse or nurse practitioner from another jurisdiction, who is engaged to provide education or consultative services in the province or to accompany and provide care for a person who is temporarily in the province, is permitted to provide those services during the period of the engagement where

(a) the period of the engagement does not exceed 28 days; and

(b) the registered nurse, registered psychiatric nurse or nurse practitioner does not represent to be a registrant.

2008 cR-9.1 s36; 2024 c23 s28

Rep. by 2019 c9 s23

37. [Rep. by 2019 c9 s23]

2019 c9 s23

Rep. by 2019 c9 s23

38. [Rep. by 2019 c9 s23]

2019 c9 s23

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

Conflicting legislation

39 .1 Nothing in this Act affects or applies to the practice of nursing or the practice of psychiatric nursing permitted to be carried out by a person under another statute of the province.

2024 c23 s29

Offence

40. A person who obtains or attempts to obtain a registration or 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; 2024 c23 s30

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

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

2008 cR-9.1 s42

RSNL1990 cR-9 Rep.

43. The Registered Nurses Act is repealed.

2008 cR-9.1 s43

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